Guys, please give me guidance here, I don't know what to do. I am working right now in Canada(Montreal) under a closed WP with a valid LMIA(Started the job 3 months ago so no CEC for me).
I have received a job offer letter when I signed my contract for the Work Permit but there is no mention of potentially hiring me when I become Permanant.
Just a regular job offer letter with salary, hours, etc.
The issue I have here is I can't add the job to my EE profile because I still don't understand what a valid job offer is. I have received so many
contradictory answers that I honestly don't know who is right.
My score without the Job offer is 495. With the job, it is 445. I have a good chance with 445 but honestly with 495, I am not sure.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html
Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:
- made by one employer
- continuous
- paid
- full-time (at least 30 hours a week)
- not seasonal
- for at least one year after we issue your permanent resident visa
- in a job that is NOC:
- Skill Type 0 or
- Skill Levels A or B
It also must be made :
- by an employer with a new positive LMIA that approves the offer and names you and your position OR
- if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
- you’re working for an employer listed on your work permit
- you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
- your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
- if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
- are currently working for an employer specified on the work permit
- have one year of full-time work experience (or an equal amount of part-time work) for that employer
- have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Federal Skilled Trades workers
A valid job offer has to be:
- made by up to two employers
- for continuous, paid, full-time work (at least 30 hours a week)
- for at least one year
- in a skilled trade occupation (jobs with 2016 NOC codes that start with 72, 73, 82, 92 as well as 632 and 633)
It also must be made:
- by employer(s) who have a new positive LMIA that approves the offer and names you and your position OR
- ifyou’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive LMIA, and:
- you’re working for an employer listed on your work permit
- you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued
- your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR
- you have a valid work permit for one of the listed skilled trade occupation and it’s exempt from needing an LMIA, and you:
- are currently working for an employer specified on the work permit
- have one year of full-time work experience (or an equal amount of part-time work) for the employer(s) on your work permit who is making the offer and
- have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Examples of a valid and non-valid job offer
In both examples, the LMIA supports the job offer as set out above, or is exempt from needing an LMIA.
Example 1
Two companies hire a heavy equipment operator. The LMIA lists both. Each employer is offering 16 hours of work per week for a minimum of one year.
This job offer is valid.
Example 2
A construction company offers a plumber a position for 25 hours per week. It’s on a non-contract basis.
This job offer isn’t valid. A job must be for at least 30 hours a week to be full -time.
Jobs exempt from needing an LMIA
There are
only two reasons the employer making you the offer
doesn’t need to get a new LMIA:
- if you’re already working for them with a work permit based on that LMIA
- if you work in a job that doesn’t need an LMIA
Find out more about
jobs that are exempt.
Your employer must get a new LMIA if:
- your work permit has expired
- you’re working on an open work permit
- you have a job offer from an employer not listed on your work permit
Can you do the job?
Our officers must be convinced that you will:
- be capable of doing the work you’re offered
- likely qualify to be licensed or certified by the relevant regulatory body once you’re in Canada ( if the job is regulated in Canada)
Provinces and territories are responsible for designating professions and trades in their jurisdiction. Designation and certification requirements vary by province. Get more information on
licensing and regulatory requirements for specific professions or contact the
relevant body in the province/territory where you plan to live.