LMIA exemption code A70

[rasholm]

Hi all, I am new to this forum. I have a question that I need answered in order to determine whether to apply inland or outland. If you have a PR application in process under the family class, ie outland, are any future employer who gives you a job offer exemt from getting an LMIA under exemption code A70? The reason for my confusion is is that in one place it mentions the spousal and common law class, which I believe is the inland application and another page on cic's website mentions the family class. However CIC also a member of the spousal and common law class a person that cohabits with a sponsor in Canada, so that can be outland. If someone can shee light on this I will be grateful. Sorry I am not allowed to link to the relevant sections


Could I ask you to check this page on the CIC site english/work/apply-who-permit.asp

 

[scylla]

You only qualify for an open work permit if you apply inland.

 

[rasholm]

You only qualify for an open work permit if you apply inland.

I know the question is not about the open work permit, but the "normal" work permit. It is a bit annoying I cannot link to the revant pages, but as far as I see if you get a job offer as a outland applicant you fall under the exemption A70 so the employer will just have to pay a compliance fee and submit the offer on the employer portal on CIC and you will also have to pay a fee for the specific work permit

english/work/apply-who-permit.asp on the cic site

 

[scylla]

I know the question is not about the open work permit, but the "normal" work permit. It is a bit annoying I cannot link to the revant pages, but as far as I see if you get a job offer as a outland applicant you fall under the exemption A70 so the employer will just have to pay a compliance fee and submit the offer on the employer portal on CIC and you will also have to pay a fee for the specific work permit

english/work/apply-who-permit.asp on the cic site

Unfortunately your understanding is incorrect. You need an LMIA in addition to the full time job offer to qualify for a closed work permit. Applying under outland does not exempt you from the LMIA process.

 

[rasholm]

Unfortunately your understanding is incorrect. You need an LMIA in addition to the full time job offer to qualify for a closed work permit. Applying under outland does not exempt you from the LMIA process.

Ok, I see why do they specifically mention these groups as exempt

spouses and common-law partners of certain foreign students who study full time;
spouses and common-law partners of certain skilled foreign workers; and
spouses and common-law partners who are in Canada and have been sponsored through the Family Class by a Canadian citizen or permanent resident and have applied for permanent residence.

 

[scylla]

Ok, I see why do they specifically mention these groups as exempt

spouses and common-law partners of certain foreign students who study full time;
spouses and common-law partners of certain skilled foreign workers; and
spouses and common-law partners who are in Canada and have been sponsored through the Family Class by a Canadian citizen or permanent resident and have applied for permanent residence.

Because they are exempt:

1) This is spouses or common law partners of people in Canada on a work permit who have a skilled job
2) This is spouses or common law partners of people in Canada on a study permit
3) This is spouses or common law partners of people who have been sponsored inland through the family class program

Again, outland applications aren't on the list and therefore aren't exempt.

 

[rasholm]

Because they are exempt:

1) This is spouses or common law partners of people in Canada on a work permit who have a skilled job
2) This is spouses or common law partners of people in Canada on a study permit
3) This is spouses or common law partners of people who have been sponsored inland through the family class program

Again, outland applications aren't on the list and therefore aren't exempt.

I appreciate your responses here and I am not trying to be annoying, but just want to understand the terms. I was under the impression that the Family Class was the outland application and that the spousal and common law in Canada Class was the inland application.

 

[Aquakitty]

spouses and common-law partners who are in Canada and have been sponsored through the Family Class by a Canadian citizen or permanent resident and have applied for permanent residence.

There are many of these kinds of questions every week on here. The reason is the wording on the CIC site is vague. You can be IN CANADA but apply outland. CIC calls outland "outside of Canada" and inland "in Canada". Only inland (in Canada) spouses get the OWP.

 

[scylla]

I appreciate your responses here and I am not trying to be annoying, but just want to understand the terms. I was under the impression that the Family Class was the outland application and that the spousal and common law in Canada Class was the inland application.

They are both Family Class - one is Family Class within Canada and one is Family Class outside of Canada.

 

[rasholm]

They are both Family Class - one is Family Class within Canada and one is Family Class outside of Canada.

Ok thank you, I will just conclude that CIC really needs to be precise in their wordings on their pages. From another page on their site. Again thank you

"You can sponsor a spouse, common-law or conjugal partner, or child who lives outside Canada under the Family Class.

You can sponsor a spouse or common-law partner who lives in Canada under the Spouse and Common-Law Partner in Canada Class."