Lmia exempt job offer

[NiclasB]

Hi everyone. I just want to make sure I have understood the rules regarding lmia exempt job offers correctly.

I currently work for a hotel on a young professional visa that is 12 months long. After these 12 months I have to leave the country. But can they then give me a job offer, when I no longer work for them as the visa wouldn't be valid, and would that then be lmia exempt and give me 50 points towards my CRS?

 

[scylla]

Hi everyone. I just want to make sure I have understood the rules regarding lmia exempt job offers correctly.

I currently work for a hotel on a young professional visa that is 12 months long. After these 12 months I have to leave the country. But can they then give me a job offer, when I no longer work for them as the visa wouldn't be valid, and would that then be lmia exempt and give me 50 points towards my CRS?

No - it won't. You need an LMIA in that case.

 

[NiclasB]

No - it won't. You need an LMIA in that case.

What makes it so I need an lmia in that case? Because I will have worked the 12 months necessary to avoid an lmia.

"you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)" from the website of the lmia

 

[scylla]

What makes it so I need an lmia in that case? Because I will have worked the 12 months necessary to avoid an lmia.

"you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)" from the website of the lmia

At the time you apply for Express Entry, you will no longer hold a valid work permit and will no longer be working for them in Canada. The exemption only works if you are still here with a valid work permit working for the employer and if the employer gives you a letter stating that they will guarantee your job for at least one year after you become a PR.

 

[NiclasB]

At the time you apply for Express Entry, you will no longer hold a valid work permit and will no longer be working for them in Canada. The exemption only works if you are still here with a valid work permit working for the employer and if the employer gives you a letter stating that they will guarantee your job for at least one year after you become a PR.

That is a shame. But if I have understood it correctly. My employer can do an LMIA for free, if they do it to support my PR, right? I wouldn't need the dual intent visa in the mean time, as I would just leave the country until I have pr after my current visa runs out.

Is there any downside for the company to apply for this LMIA if it is fee exempt?

 

[scylla]

That is a shame. But if I have understood it correctly. My employer can do an LMIA for free, if they do it to support my PR, right? I wouldn't need the dual intent visa in the mean time, as I would just leave the country until I have pr after my current visa runs out.

Is there any downside for the company to apply for this LMIA if it is fee exempt?

Yes - they can do an LMIA for free (no fee) if it's only to support an Express Entry application. So that's certainly an option.

The only downside for the company is the work effort required to put in the LMIA application. Also, while there's no fee, they may have to pay for advertising (they will have to advertise the job as part of the LMIA process).