ITA - FSW. I think I screw up!!! URGENT

[dobes]

My current employer will not issue any job offer to me, as I have been working for them since January 2014 and this is my only Canadian skill work experience. My concern is whether CIC thinks that I provided false information even though I did not inflate my CRS score (as 466 always). It is an honest mistake, but I guess I should only qualify for CEC......

I also don't know why you think this is different between CEC and FSW. Relax, though - you're fine.

 

[nuksyed]

I also don't know why you think this is different between CEC and FSW. Relax, though - you're fine.

I did the same. Yes for Job offer. No for LMO. Didn't get the 600 points but got points for 1 year of work experience.
I didn't like the NOC part they ask for. There is no NOC on my work permit or anything, however, they didn't leave us a choice but to select an NOC. Did that cause problems for anyone?

 

[eddie_in_NL]

You're fine, just make sure the information on your submitted application is accurate and supported by documents. It does not change your CRS so you can still apply even if you make changes.

However, note that having a job in Canada is not necessarily the same as having a job offer. If you say you have a job offer, you should provide a letter from the company stating that. Otherwise, just say no the that question. You will still fill in your work experience and will be requested to provide proof of employment for your current job, where you can state you're currently working and your terms and conditions (for example, if it is not for a fixed term contract).

Case in point, myself, I'm currently working in Canada on work permit based on intra company transference (Lmia exempt), so I have a job, but I do not have a job offer, as my company expects me to return home in a few years. Of course, I want to stay in Canada but they will not support it. I'm still applying anyways and may leave the company though.

Regards

 

[thenewbie]

roync1031,

I am in the exact same situation as you.

I now believe we have answered incorrectly to the question " Do I have a job offer in Canada? ". The answer for us should be "No" as our job offer by definition of CIC is not valid.

Only people with LMIA jobs should answer "Yes" and the rest should answer "No".

Please visit below links from official CIC site:

w w w.c i c. g c . c a/english/helpcentre/answer.asp?q=1010&t=29
w w w.c i c. g c . c a/english/immigrate/skilled/offer.asp

I am planning to go ahead with my application as it doesnt affect our score.

Make sure to change your answer to "No" when you confirming you information post ITA.

 

[roync1031]

roync1031,

I am in the exact same situation as you.

I now believe we have answered incorrectly to the question " Do I have a job offer in Canada? ". The answer for us should be "No" as our job offer by definition of CIC is not valid.

Only people with LMIA jobs should answer "Yes" and the rest should answer "No".

Please visit below links from official CIC site:

w w w.c i c. g c . c a/english/helpcentre/answer.asp?q=1010&t=29
w w w.c i c. g c . c a/english/immigrate/skilled/offer.asp

I am planning to go ahead with my application as it doesnt affect our score.

Make sure to change your answer to "No" when you confirming you information post ITA.

My point of view is that as long as my CRS score does not change or goes below the 463 cut off (466 as always), I did not inflate my CRS score to get ITA (i.e. by claiming 600 points for arranged employment), and I am still meeting the 67 points minimum for FSW (I got 78), I should be an eligible candidate. I am going to change the response to "NO" for that job offer question, because I have no job offer which states that I will be offering full-time permanent position upon the issurance of PR. I suspect that I will need to submit that job offer letter if my resposne remains as "yes" when I finalize my application.

 

[SAJ_ee2015]

My point of view is that as long as my CRS score does not change or goes below the 463 cut off (466 as always), I did not inflate my CRS score to get ITA (i.e. by claiming 600 points for arranged employment), and I am still meeting the 67 points minimum for FSW (I got 78), I should be an eligible candidate. I am going to change the response to "NO" for that job offer question, because I have no job offer which states that I will be offering full-time permanent position upon the issurance of PR. I suspect that I will need to submit that job offer letter if my resposne remains as "yes" when I finalize my application.

As I said earlier, if you are able to get a job offer letter from your employer, you will be perfectly fine.

 

[roync1031]

Q1. Why didn’t I get points for my job offer?

To get points from the Comprehensive Ranking System for a job offer under Express Entry, your employer will need to get a Labour Market Impact Assessment (LMIA).

You should only answer “Yes” to the question “Does [your name] have a job offer in Canada?” if a Canadian employer has offered you a full-time, non-seasonal job, and that job offer is supported by a Labour Market Impact Assessment.

If you are currently working in Canada but have not been offered a job that is supported by a LMIA, you should answer “No” and create a Job Seeker account in Job Bank.


Q2. I have a job offer but the system says I need to register in Job Bank. Why?

You have to register with Job Bank unless your job offer is supported by a Labour Market Impact Assessment.

If you have a job offer that meets the requirements, be sure to answer "Yes" to the question "Does [your name] have a job offer in Canada?" This is found under the Work Experience form of your Express Entry profile.

If your job offer does not meet the requirements, you should answer “No” and you must register in Job Bank to become a candidate in the Express Entry pool.

Meet the requirements explanation --> If you have a job offer (offer of arranged employment), you need to update your Express Entry profile in MyCIC with: Employer name and address, Start date, Labour Market Impact Assessment number, and NOC code related to the job

Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:

for continuous, paid, full-time work (at least 30 hours a week),
for work that is permanent and not seasonal,
skill type 0, or skill levels A or B of the 2011 National Occupational Classification (NOC)
and either:

* the employer making you the job offer must have a positive Labour Market Impact Assessment from Employment and Social Development Canada [/list]

OR

*you are currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on a Labour Market Impact Assessment, and
- you are working for an employer listed on your work permit,
- you are authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued, and
your current employer made you an offer to give you a full-time job if you are accepted as a permanent resident.

Q3. I am working in Canada on a valid work permit. Does this count as a job offer?

Your job offer is only valid, whether you are working in Canada or not, if your current or prospective employer:

has made an offer to give you a full-time, non-seasonal job if you are accepted as a permanent resident, and
has a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada.

The only time that an employer making you a job offer does not need to get a new LMIA is when you are already working for them with a work permit that is based on that LMIA.


So, my conclusion is that as a PGWP holder without job offer that is be rated as positive under LMIA, or my work permit is not a work permit that is based on LMIA, should choose "NO" for the question Do you have a job offer in Canada? under both FSW and CEC categories.

 

[SAJ_ee2015]

• Q1. Why didn't I get points for my job offer?
  
  To get points from the Comprehensive Ranking System for a job offer under Express Entry, your employer will need to get a Labour Market Impact Assessment (LMIA).
  
  You should only answer “Yes” to the question “Does [your name] have a job offer in Canada?” if a Canadian employer has offered you a full-time, non-seasonal job, and that job offer is supported by a Labour Market Impact Assessment.
  
  If you are currently working in Canada but have not been offered a job that is supported by a LMIA, you should answer “No” and create a Job Seeker account in Job Bank.
  
  
  Q2. I have a job offer but the system says I need to register in Job Bank. Why?
  
  You have to register with Job Bank unless your job offer is supported by a Labour Market Impact Assessment.
  
  If you have a job offer that meets the requirements, be sure to answer "Yes" to the question "Does [your name] have a job offer in Canada?" This is found under the Work Experience form of your Express Entry profile.
  
  If your job offer does not meet the requirements, you should answer “No” and you must register in Job Bank to become a candidate in the Express Entry pool.
  
  Meet the requirements explanation --> If you have a job offer (offer of arranged employment), you need to update your Express Entry profile in MyCIC with: Employer name and address, Start date, Labour Market Impact Assessment number, and NOC code related to the job
  
  Federal Skilled Workers and Canadian Experience Class
  A valid job offer has to be:
  
  for continuous, paid, full-time work (at least 30 hours a week),
  for work that is permanent and not seasonal,
  skill type 0, or skill levels A or B of the 2011 National Occupational Classification (NOC)
  and either:
  
  * the employer making you the job offer must have a positive Labour Market Impact Assessment from Employment and Social Development Canada

OR

*you are currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on a Labour Market Impact Assessment, and
- you are working for an employer listed on your work permit,
- you are authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued, and
your current employer made you an offer to give you a full-time job if you are accepted as a permanent resident.

Q3. I am working in Canada on a valid work permit. Does this count as a job offer?

Your job offer is only valid, whether you are working in Canada or not, if your current or prospective employer:

has made an offer to give you a full-time, non-seasonal job if you are accepted as a permanent resident, and
has a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada.

The only time that an employer making you a job offer does not need to get a new LMIA is when you are already working for them with a work permit that is based on that LMIA.


So, my conclusion is that as a PGWP holder without job offer that is be rated as positive under LMIA, or my work permit is not a work permit that is based on LMIA, should choose "NO" for the question Do you have a job offer in Canada? under both FSW and CEC categories.

But again, the question doesnt contain the term 'VALID'. And it specifically asks if its supported by LMIA. So in my opinion, if one has an offer letter from company, he can put yes to the job offer question and NO to LMIA.

 

[roync1031]

• 
  But again, the question doesnt contain the term 'VALID'. And it specifically asks if its supported by LMIA. So in my opinion, if one has an offer letter from company, he can put yes to the job offer question and NO to LMIA.

• 
  
  Has anyone who got ITA tested by answering "yes" to whether you have a job offer in Canada then "No" to whether the job is supported by LMIA and "NO" to whether your work permit is issued based on LMIA, then proceed to the document upload section, and see whether the placeholder for attach job offer letter is there? If so, that job offer letter appears to be referred as a valid job offer letter by meeting all of those requirements but not simply a regular job offer letter saying you are hired.

 

[lhworld]

Okay, I'm in the exact situation.

I know for a fact that my company won't provide me a new job offer.. I'm still trying to convince them to write me one. But since my PGWP is expiring next month, I highly doubt they will wait for my PR approval for another 6 months (just to be safe).

YET, I don't want to withdraw my invitation.. I have no 600 points from LMIA job so my scores are in 400s..

Now, I've realize that whole intended work page was about LMIA job offer. I
when the question asked "do you have a job offer" - the definition of job offer actually refers to LMIA..and when the second question asks about job offering having LMIA or not, this is actually asking for if the LMIA is approved or not...

So even if I end up getting the job offer stating the company will hire me full, permanent position upon obtaining PR, will the government approved when the job offer was referring to LMIA position? Wouldn't it be better to change the answer to NO to the job offer in the PR profile and attach and explanation letter that it was an honest mistake and not affecting CRS scores at all?

I don't know what to do. I'm still debating what to do. First thing off, my goal is to get a job offer from my company (though it's very very tough due to my permit expiring).. but even if I receive a job offer, I feel very insecure about it since the job offer meant for LMIA....

omg..can't breathe. this is so frustrating..

 

[SAJ_ee2015]

• Has anyone who got ITA tested by answering "yes" to whether you have a job offer in Canada then "No" to whether the job is supported by LMIA and "NO" to whether your work permit is issued based on LMIA, then proceed to the document upload section, and see whether the placeholder for attach job offer letter is there? If so, that job offer letter appears to be referred as a valid job offer letter by meeting all of those requirements but not simply a regular job offer letter saying you are hired.

But again since CIC specifically asks whether the job is supported by LMIA or not, it should be fine. I mean a job offer without LMIA also can be uploaded there. And its not a misrepresentation in any manner.

 

[roync1031]

• 
  But again since CIC specifically asks whether the job is supported by LMIA or not, it should be fine. I mean a job offer without LMIA also can be uploaded there. And its not a misrepresentation in any manner.

• 
  
  Well, I have looked at the old paper application package for FSW checklist. Therein the job offer letter specifically refers to the one with LMIA, and a offer from the employer on the condition that the applicant will get permanent residency. I mean you can attach anything you want, such as a blank Excel spreadsheet, a selfie of yourself doing crazy stuff, but what matters is that what CIC wants for a job offer letter.

 

[lhworld]

what if my company won't provide me the job offer letter since I won't be working there anymore due to my PGWP expiring?

withdraw from invitation?

or

change the answer to YES and explain why it's been changed?

My consultant told me if I were to go with the second option, it is really up to the CIC officer to decide whether or not change of job offer option is misinterpretation..

I just wish my score was at least on 500s..then I would rather withdraw my this invitation and start over..i just don't want to lose this chance again..

 

[SAJ_ee2015]

• Well, I have looked at the old paper application package for FSW checklist. Therein the job offer letter specifically refers to the one with LMIA, and a offer from the employer on the condition that the applicant will get permanent residency. I mean you can attach anything you want, such as a blank Excel spreadsheet, a selfie of yourself doing crazy stuff, but what matters is that what CIC wants for a job offer letter.

Bro I didnt say that. I just went with common sense. Then why cic asks that question? That completely irrelevent right? Anyway this is my last comment regarding this. All the best to everyone.

 

[thenewbie]

• 
  Bro I didnt say that. I just went with common sense. Then why cic asks that question? That completely irrelevent right? Anyway this is my last comment regarding this. All the best to everyone.

• 
  
  "If you are currently working in Canada but have not been offered a job that is supported by a LMIA, you should answer “No” and create a Job Seeker account in Job Bank."
  
  The above line is taken directly from the CIC Help website. I know we can interpret the meaning of "Job Offer" in several ways but what matters is the CIC definition.
  
  To conclude if your job offer is not supported by a positive LMIA just answer "No" to avoid any complications.