IEC ending help

[helpingmybf]

My partner is in Canada on an IEC working holiday visa from his home country of Ireland . It expires at the end of January 2021.

He's recently been hired as a coach at a children’s sports facility based on his 5 years of previous experience playing professional football.

His employer would like for him to keep working even after his visa expires. Is this only possible if the employer applies for a LMIA?

Originally we thought he could apply for PR through skilled worker class but the NOC codes between (former) Athlete and (current) Coach wouldn't match.

Any advice greatly appreciated.

 

[scylla]

My partner is in Canada on an IEC working holiday visa from his home country of Ireland . It expires at the end of January 2021.

He's recently been hired as a coach at a children’s sports facility based on his 5 years of previous experience playing professional football.

His employer would like for him to keep working even after his visa expires. Is this only possible if the employer applies for a LMIA?

Originally we thought he could apply for PR through skilled worker class but the NOC codes between (former) Athlete and (current) Coach wouldn't match.

Any advice greatly appreciated.

There are a few options. One is for the employer to obtain an approved LMIA. Another would be to apply for a second IEC visa - this may or may not be possible depending on his country of origin, age, and previous participations in the program. I'm not sure why you think he cannot apply for PR under Express Entry. As long as he has at least one year of skilled work experience, he can apply. Whether he's selected will of course depend on how many points he has. If he has sufficient points to be selected / get ITA, he can apply for a bridging open work permit once he submits his complete application.

 

[scylla]

Just saw he was from Ireland. In that case a second IEC really doesn't help him since he would need to qualify through the co-op stream. So that option is out unfortunately.

 

[helpingmybf]

My understanding is that to apply for express entry under ”experienced class” he would need a year of experience in Canada under an NOC category of A/B/O. He will not meet that requirement by the time his visa expires.

And while he has 5 years as a football player in Ireland his new job is in a different NOC code. An immigration consultant told us a job has to not only be in the same NOC category it has to have the same NOC code if he wanted to apply for express entry through ”federal skilled worker”

 

[scylla]

My understanding is that to apply for express entry under ”experienced class” he would need a year of experience in Canada under an NOC category of A/B/O. He will not meet that requirement by the time his visa expires.

And while he has 5 years as a football player in Ireland his new job is in a different NOC code. An immigration consultant told us a job has to not only be in the same NOC category it has to have the same NOC code if he wanted to apply for express entry through ”federal skilled worker”

He would need at least one year of work experience in Canada to apply under CEC (Canadian Experience Class).

For regular Express Entry (FSW), he needs at least one year of skilled work experience gained anywhere. This 1 year of skilled work experience does not have to be in his current profession. Whether this is feasible for him really depends on how many points he has. Has he calculated his points? He needs to have 470+ to have a good chance of being selected.

 

[helpingmybf]

Thank you! That's what I had originally thought but we were quite defeated when we had a consult with an immigration assistant. She told us my partner needed a college degree If he wants to get PR through a provincial nomination or FSW

 

[scylla]

Thank you! That's what I had originally thought but we were quite defeated when we had a consult with an immigration assistant. She told us my partner needed a college degree If he wants to get PR through a provincial nomination or FSW

Unfortunately the second part is probably accurate.

Without a degree, he's highly unlikely to score enough points to be selected through Express Entry. Without Canadian work experience, you pretty much need a Masters to be chosen.

Many of the PNP programs require a degree - or if not that, a job offer. Which province is he working in?

 

[helpingmybf]

If if points are not high enough or just on the cusp, would it make sense for his employer to apply for a LMIA? He's living in BC

 

[scylla]

If if points are not high enough or just on the cusp, would it make sense for his employer to apply for a LMIA? He's living in BC

Yes, LMIA would give him additional points and also allow him to apply for a work permit. If his employer is willing to go through the LMIA process, I would definitely look into that. It takes months to complete so the employer would want to start now.

 

[helpingmybf]

Thank you for your help! Can an approved LMIA lead to PR?

 

[scylla]

Thank you for your help! Can an approved LMIA lead to PR?

It doesn't guarantee PR - but it's certainly a huge help.

The LMIA process is a pretty long and expensive process for the employer. That's the one drawback. Employer should start now. They will most likely need to readvertise the job to meet the LMIA requirements.

 

[helpingmybf]

It doesn't guarantee PR - but it's certainly a huge help.

The LMIA process is a pretty long and expensive process for the employer. That's the one drawback. Employer should start now. They will most likely need to readvertise the job to meet the LMIA requirements.

Hoping you can help me with this all a bit further if possible. I'm a Canadian citizen so I've been trying my best to help my partner navigate all of this immigration info. TBH even after paying to talk to an advisor, we're confused.

His ultimate goal is PR but I'm wondering if him applying for PR even though he would have a low score (no degree) would make sense to buy us some more time. If he applies for PR he'll be able to get a BOWP, correct? Again, his IEC visa expires at the end of January and he would love to continue working for his current employer. I guess my question is, does applying for PR through express entry offer him another 6 months or so to continue to work while they are reviewing his application? Though we know he most likely won't be selected.

I know that you are able to sponsor your common-law partner if you have lived together a year. For us to get to that 12-month mark we need to buy him some more time. (6 months to be exact)

Or is his only option to continue working to get his employer to apply and receive an approved LMIA?

 

[scylla]

Hoping you can help me with this all a bit further if possible. I'm a Canadian citizen so I've been trying my best to help my partner navigate all of this immigration info. TBH even after paying to talk to an advisor, we're confused.

His ultimate goal is PR but I'm wondering if him applying for PR even though he would have a low score (no degree) would make sense to buy us some more time. If he applies for PR he'll be able to get a BOWP, correct? Again, his IEC visa expires at the end of January and he would love to continue working for his current employer. I guess my question is, does applying for PR through express entry offer him another 6 months or so to continue to work while they are reviewing his application? Though we know he most likely won't be selected.

I know that you are able to sponsor your common-law partner if you have lived together a year. For us to get to that 12-month mark we need to buy him some more time. (6 months to be exact)

Or is his only option to continue working to get his employer to apply and receive an approved LMIA?

You've misunderstood the BOWP rules. The short answer to your question is no, that's not how it works. He will not qualify for a BOWP simply by submitting a profile into the Express Entry pool (if it was that easy, everyone would have a BOWP). To qualify for a BOWP, he has to be actually selected out of that pool (i.e. score enough points to beat out other candidates and be selected) and submit his complete application post ITA. So basically he would need to score 470+ points in order to have a chance of being selected and to qualify for a BOWP. If his points are low, a BOWP isn't going to be feasible.

Yes, once you live together for 12 months you can sponsor him as your common law partner and include an OWP application with the sponsorship application. If you are six months short, the only way this will work out is if you decide to get married instead to qualify to sponsor him sooner.

 

[helpingmybf]

ok, I must have misunderstood. I ca

You've misunderstood the BOWP rules. The short answer to your question is no, that's not how it works. He will not qualify for a BOWP simply by submitting a profile into the Express Entry pool (if it was that easy, everyone would have a BOWP). To qualify for a BOWP, he has to be actually selected out of that pool (i.e. score enough points to beat out other candidates and be selected) and submit his complete application post ITA. So basically he would need to score 470+ points in order to have a chance of being selected and to qualify for a BOWP. If his points are low, a BOWP isn't going to be feasible.

Yes, once you live together for 12 months you can sponsor him as your common law partner and include an OWP application with the sponsorship application. If you are six months short, the only way this will work out is if you decide to get married instead to qualify to sponsor him sooner.

Oh yes, I must have misunderstood. Thanks for clarifying. It looks like he can apply as a skilled worker for express entry under BC PNP express entry. If he does well on his IELTS his score should give him enough points to get an invitation to apply. If that happens I'm guessing a provincial nomination would give him over the 470+ ?

 

[scylla]

ok, I must have misunderstood. I ca



Oh yes, I must have misunderstood. Thanks for clarifying. It looks like he can apply as a skilled worker for express entry under BC PNP express entry. If he does well on his IELTS his score should give him enough points to get an invitation to apply. If that happens I'm guessing a provincial nomination would give him over the 470+ ?

Yes - that's how it would work.