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Is there a difference between LMIA done for WP and LMIA for PR?

R

rtir

Star Member
May 6, 2016
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Hello, Is there a difference between LMIA done for WP and LMIA for PR? I got a LMIA approved WP and working in Canada now. When I am applying for my PR, some lawyers are saying LMIA done for WP is not valid for PR application. Is that true? I was hoping to get in the 600 points without which I am no way eligible to get ITA. Any help is deeply appreciated. TIA
 
Provided your employer has offered you a permanent job (and the job is NOC A, B or 0), yes - you can use your LMIA to get the 600 points. Any lawyer who says otherwise doesn't understand the rules.
 
yes, I have a permanent job and WP is for 3 years(oh well 5 months already down!!). And yes job code is 2171 type A. So you think I don't have reason to worry? I have sent my application yesterday and score shows 948, but lawyer is telling that after 48 hours they might change it and take off the 600 points.. I am mighty worried on this.
 
is it dual intent LMIA? then only you can apply for EE. or else you need to complete one year and apply LMIA again thats what i heard from one consultant.
 
rtir said:
yes, I have a permanent job and WP is for 3 years(oh well 5 months already down!!). And yes job code is 2171 type A. So you think I don't have reason to worry? I have sent my application yesterday and score shows 948, but lawyer is telling that after 48 hours they might change it and take off the 600 points.. I am mighty worried on this.
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LMIA is LMIA!

You will get ITA next round for sure.

Congratulations!!
 
@omarimam: thanks for the encouraging words, I really hope they think any LMIA is LMIA.

@navi9: yes, that what I hear from lawyers, mine doesn't look like dual intent LMIA.

fingers crossed and very worried :(
 
rtir said:
@omarimam: thanks for the encouraging words, I really hope they think any LMIA is LMIA.

@navi9: yes, that what I hear from lawyers, mine doesn't look like dual intent LMIA.

fingers crossed and very worried :(
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Dont worry bro, LMIA in general needs an employer to issue it for you. There is no other way!

Good luck I hope you hear some good news soon!

Keep me updated, and have faith :D :D
 
If you;re in Canada and applying from within you can still use the LMIA to support your application if you are currently working for the employer.
Otherwise you will need a dual intent LMIA. Rather you MUST have a dual intent LMIA.
 
@newcecapplicant: Yes, I am in Canada and applying from here and still working with the same employer who sponsored my WP and did my LMIA. are you sure my previous LMIA for WP will be enough?
 
Yes, although to confirm it call the CIC. Can you give me a quick breakdown of your score here?

I can check with my lawyer for you for free : )
 
I contacted IRCC in regards to this question in the past, and the agent said that the employer has to make up his mind before applying for the LMIA. The employer needs to decide whether he wants to apply for a WP LMIA or PR LMIA or Dual Intent LMIA prior to submitting the application. Therefore, a WP LMIA can only be used in sponsoring the foreign worker's Work Permit; the PR LMIA can only be used to support the foreign worker's PR application (add 600 points); and the dual intent LMIA can be used for both purposes of supporting Work Permit and sponsoring PR application (add 600 points). So you may want to ask your employer to refresh his memory or/and to check the physical approved LMIA paper as this kind of information is written on it explicitly.

I got this information from a IRCC agent. But even so, I cannot grantee the accuracy of it. From my previous experience in dealing with IRCC agents, many of them did not know what they are doing. They need to be trained better to serve clients.
 
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rtir said:
yes, I have a permanent job and WP is for 3 years(oh well 5 months already down!!). And yes job code is 2171 type A. So you think I don't have reason to worry? I have sent my application yesterday and score shows 948, but lawyer is telling that after 48 hours they might change it and take off the 600 points.. I am mighty worried on this.
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To be eligible for the 600 pt bonus, you need to provide 2 things -
- copy of LMIA
- Written offer of FUTURE permanent, full-time, non-seasonal employment upon your obtaining permanent resident status.

The job offer letter is different from the letter of reference. It is also different from a job offer letter you might have received before you started working. If you did not provide the job offer letter, there is a good chance that you will lose the 600 pts.

The rules about "valid job offers" are posted on the IRCC website.
http://www.cic.gc.ca/english/immigrate/skilled/offer.asp
 
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