ICT Job Offer - 50 points ?

[Chethan_blr]

Hi Good Day !

I have moved to Canada on ICT work permit (LMIA Exempt) around 3 Months back( Mar-2019). i would like here experiences on CIC response with regards to below

CIC Requirements specific to my case indicates

"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"

(Source :https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html)

However, while filling express entry profile, additional 50 points are granted only if we have answered 'Yes' to the below question.

"Has ABC been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)".

I have been working for the same employer who processed my work permit for many years in other countries and working in Canada only from past 3 months.

Employer name on my work permit is same.

CIC eligibility requirements clearly states one year work experience with same employer to get additional 50 points where as express entry profile seeking one year experience on work permit.

I understand that opinion would be divided due to this ambiguity but would like to hear positive/negative responses anyone received from CIC in similar situations.

 

[21Goose]

There's no ambiguity. The employer referenced here is the Canadian entity specified on your work permit. Even if you have worked for an employer with the same name in another country, it is an entirely different legal entity, and your work permit doesn't reference that company.

 

[Chethan_blr]

There's no ambiguity. The employer referenced here is the Canadian entity specified on your work permit. Even if you have worked for an employer with the same name in another country, it is an entirely different legal entity, and your work permit doesn't reference that company.

Well.. in my case its the same employer, its a global company having subsidiaries across the world. Company publish the consolidated results, and even my employee id is not changed.

Furthermore, CIC issued a Intra Company Transfer work permit on which i am currently working on. I think this itself proves that CIC views it as same company.
If you notice, express entry profile also seeks canadian experience in another section..since i answered in that section to have less than 1 year experience in canada ( no points ofcourse), they would not have even asked this question if the expectation is to have one year experience in canada ( i am referring to "Has ABC been working full-time for the employer on their current work permit for at least one year?")

This question is under intented to work in canada, this section seems like CIC is expecting us to prove that there is a guaranteed employement for next one year from the employer who has employed for last one year

 

[21Goose]

Well.. in my case its the same employer, its a global company having subsidiaries across the world. Company publish the consolidated results, and even my employee id is not changed.

Furthermore, CIC issued a Intra Company Transfer work permit on which i am currently working on. I think this itself proves that CIC views it as same company.
If you notice, express entry profile also seeks canadian experience in another section..since i answered in that section to have less than 1 year experience in canada ( no points ofcourse), they would not have even asked this question if the expectation is to have one year experience in canada ( i am referring to "Has ABC been working full-time for the employer on their current work permit for at least one year?")

This question is under intented to work in canada, this section seems like CIC is expecting us to prove that there is a guaranteed employement for next one year from the employer who has employed for last one year

No, it's not. You said it yourself, it's a subsidiary of the parent company. Having the same Employee ID means nothing.

You have not been working for the subsidiary for one year, right? ICT visas are granted to people transferring between companies in a parent-subsidiary, subsidiary-parent, parent-branch, branch-parent, or affiliate (common parent) relationship. Getting an ICT visa doesn't mean that IRCC thinks both companies are exactly the same, it simply means that they agree that the two companies are in one of the above relationships.

Here's what grants you the points

As of November 19, 2016, candidates can obtain points for Arranged Employment without an LMIA if the candidate meets the following requirements:

• Has been working full-time for the employer specified on their work permit for at least one year (or an equal amount of part-time work)
• Has a valid job offer from the employer specified on their work permit.

For FSWC and CEC, the offer of employment must be for continuous full-time (non-seasonal or on a contract basis) work in Canada for at least one year in a NOC Matrix Skill Type 0 or Skill Level A or B, once a permanent resident visa, if any, is issued

• Has a valid, employer-specific temporary work permit that is exempt from an LMIA under R204 (a) or (c), or R205.

The employer specified and named on your work permit is the subsidiary that is registered in Canada. Not the US parent, or the Indian company, or any other subsidiary.

 

[Chethan_blr]

I get your point, but what really they are they are asking is one year experience for the employer specified in work permit. I dont think they ever said, subsidieries across the countries are treated as different employers..and people can interpret differently.
This is exactly the reason why i wanted to hear how CIC interpreted this if anyone claimed points in this situation

 

[21Goose]

I get your point, but what really they are they are asking is one year experience for the employer specified in work permit. I dont think they ever said, subsidieries across the countries are treated as different employers..and people can interpret differently.
This is exactly the reason why i wanted to hear how CIC interpreted this if anyone claimed points in this situation

There really is no ambiguity or room for interpretation here. But sure, you can see what others have to say, or you can try claiming the points for first hand info.

 

[scylla]

Hi Good Day !

I have moved to Canada on ICT work permit (LMIA Exempt) around 3 Months back( Mar-2019). i would like here experiences on CIC response with regards to below

CIC Requirements specific to my case indicates

"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"

(Source :https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html)

However, while filling express entry profile, additional 50 points are granted only if we have answered 'Yes' to the below question.

"Has ABC been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)".

I have been working for the same employer who processed my work permit for many years in other countries and working in Canada only from past 3 months.

Employer name on my work permit is same.

CIC eligibility requirements clearly states one year work experience with same employer to get additional 50 points where as express entry profile seeking one year experience on work permit.

I understand that opinion would be divided due to this ambiguity but would like to hear positive/negative responses anyone received from CIC in similar situations.

There's no ambiguity or divided opinion. You must work in Canada for this employer for one year before you will qualify for the 50 points. You've only been working in Canada for 3 months and won't qualify for the 50 points for another nine months. This is what this rule means and how CIC applies it consistently.

 

[nagapr]

There's no ambiguity or divided opinion. You must work in Canada for this employer for one year before you will qualify for the 50 points. You've only been working in Canada for 3 months and won't qualify for the 50 points for another nine months. This is what this rule means and how CIC applies it consistently.

This is wrong information.You can choose NO for not working one year in EE profile. Automatically EE profile is giving me 50 points.I came to Canada recently.

 

[canadiandream2019]

A valid job offer has to be:

• made by one employer - TRUE
• continuous - TRUE
• paid - TRUE
• full-time (at least 30 hours a week) - TRUE
• for at least one year after we issue your permanent resident visa - TRUE - Can get letter from the employer
  • not seasonal
• in a job that is NOC: - TRUE
  • 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 - doesn't say in Canada though
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

However when you calculate via CRS calculator you get 50 points for 1 yr experience in Canada

6) Work Experience

i. In the last ten years, how many years of skilled work experience in Canada do you have?
It must have been paid and full-time (or an equal amount in part-time).

Note: In Canada, the National Occupational Classification (NOC) is the official list of all the jobs in the Canadian labour market. It describes each job according to skill type, group and level.

"Skilled work" in the NOC is:

• managerial jobs (NOC Skill Level 0)
• professional jobs (NOC Skill Type A)
• technical jobs and skilled trades/manual work (NOC Skill Type B)

If you aren’t sure of the NOC level for this job, you can find your NOC.

So I think 50 points are awarded after 1 yr of experience. Has anyone got 50 points for less than 1 yr experience?

 

[nagapr]

A valid job offer has to be:

• made by one employer - TRUE
• continuous - TRUE
• paid - TRUE
• full-time (at least 30 hours a week) - TRUE
• for at least one year after we issue your permanent resident visa - TRUE - Can get letter from the employer
  • not seasonal
• in a job that is NOC: - TRUE
  • 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 - doesn't say in Canada though
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

Your points are 100% accurate. I have updated as NO for "ave one year of full-time work experience (or an equal amount of part-time work) for that employer" and still i got 50 points in EE profile.

 

[God of war]

For claiming 50 pints, one must be on ICT work permit? Or job offer letter from a Canadian company will give 50 points as well?

 

[minijh2005]

Your points are 100% accurate. I have updated as NO for "ave one year of full-time work experience (or an equal amount of part-time work) for that employer" and still i got 50 points in EE profile.

Hi, What did you select finally regarding the continuous employment with same employer? I am in the same situation too, have got LMIA exempt work permit.

Thanks

 

[harryguns]

Hi there, Please advise
I am on a closed WP and is valid till April 2020. Last year I submitted my PR application in Aug 2019 and availed the Job offer 50 points. Recently I got my WP extension filed by the employer for additional 2 years. Do you think this will be considered as valid job offer? In my offer of employment no where it is mentioned that "he will be employed for 1 year after PR visa is issued"

 

[arghya009]

Yo

Hi there, Please advise
I am on a closed WP and is valid till April 2020. Last year I submitted my PR application in Aug 2019 and availed the Job offer 50 points. Recently I got my WP extension filed by the employer for additional 2 years. Do you think this will be considered as valid job offer? In my offer of employment no where it is mentioned that "he will be employed for 1 year after PR visa is issued"

you are able to get the 50 points? I am yet to create profile, my current work permit expiring Aug 2020. I completed one year in the current work permit. My company planning for file WP extn for one year till Aug 2021

 

[harryguns]

Yo

you are able to get the 50 points? I am yet to create profile, my current work permit expiring Aug 2020. I completed one year in the current work permit. My company planning for file WP extn for one year till Aug 2021

not very sure but going per the previous post, it should be atleast 18 months valid from AOR. Maybe someone expert can comment on this