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LMIA expired and Work Permit renewed, can I still get 50 pts for Job Offer? - CEC Inland

OnceMore

Star Member
Sep 2, 2018
183
44
Ottawa
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2133
Job Offer........
Yes
App. Filed.......
17-09-2020
AOR Received.
17-09-2020
QUESTION: Do I need a new LMIA to get 50 pts for a Job Offer?

SITUATION: Been working in Ontario since Sept 2019 on Closed Work Permit for the employer mentioned in my WP. It is full time (40hr/wk), paid skill type A job. Have an approved LMIA from early last year (but LMIAs expire in few months so it is expired as of now). The first Work Permit that came with LMIA was allocated only till April 2020 because my passport was to expire at that time (I did not get a 2 yr work permit). Employer did renew/extend my Work Permit for full 2 yrs before the 1st WP expired.

CONFUSION 1:
The link [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html] states the following..... I think I qualify for the 1st point, what do they mean by "that"? the previous LMIA that got me the WP?
Jobs exempt from needing an LMIA
There are only two reasons the employer making you the offer doesn’t need to get a new LMIA:
  1. if you’re already working for them with a work permit based on that LMIA
  2. if you work in a job that doesn’t need an LMIA
CONFUSION 2:
The next couple of lines state the following ...... bullets 2 and 3 don't apply to me but as for 1st one, my WP did expire but only because my passport expired (i.e. I got a < 2yr WP) and anyhow I got it renewed before actual expiry. It is extremely confusing please help. Do I still need a new LMIA?
Your employer must get a new LMIA if:
  • your work permit has expired
  • you’re working on an open work permit
  • you have a job offer from an employer not listed on your work permit
VALIDATION:
I qualify for the 50 pts from Job Offer because of the 2nd bullet item:
It [valid job offer] also must be made :
  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
    • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
  • if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you: ....
Thanks for your patience, knowledge, and the desire to help in these matters.
 

primaprime

VIP Member
Apr 6, 2019
3,386
884
It sounds like you can claim the 50 points, as long as the employer writes you a new job offer agreeing to continue employing you for a year after you become a PR.
 
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