LMIA Job Offer Please Help
- Thread starter anudeep singh
- Start date
Hmmmm, I'm not as well versed regarding job offers for Express Entry, since I don't have one, but I think you need to provide us with more information before we can answer your question. IRCC is very specific about what constitutes a VALID job offer, for the purposes of Express Entry - not every job offer will qualify as a 'job offer' under Express Entry. One of the criteria is that the vast majority of job offers will need to have a valid LMIA in order to be considered VALID.
I can't be certain because of how you've worded your question, but it sounds as though your Employment Agreement may not have an associated LMIA, which you need to have unless it is an LMIA-exempt job...Why are you trying to upload an Employment Agreement dated 2016 rather than the documents and information that IRCC specifically asks for, to prove a VALID job offer?
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http://www.cic.gc.ca/english/immigrate/skilled/offer.asp
Offer of employment: skilled immigrants (Express Entry)
If you have a job offer (offer of arranged employment), you need to update your Express Entry profile in your account with the :
- start date
- employer name and address
- Labour Market Impact Assessment (LMIA) number (if you have one)
- National Occupational Classification (NOC) code related to the job
- be in writing
- not be from an embassy, high commission or consulate in Canada
- set out details of the job they’re offering you, such as:
- your pay and deductions
- your job duties
- conditions of employment, like your hours of work
Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.
Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:
- made by one employer
- continuous
- paid
- full-time (at least 30 hours a week)
- for at least one year after we issue your permanent resident visa
- not seasonal
- not on a contract basis
- in a job that is NOC:
- Skill Type 0 or
- Skill Levels A or B
- 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:
- are currently working for an employer specified on the work permit
- have one year of full-time work experience (or an equal amount of part-time work) for that employer
- have a valid job offer from that employer for at least one year after we issue your permanent resident visa
A valid job offer has to be:
- made by up to two employers
- for continuous, paid, full-time work (at least 30 hours a week)
- for at least one year
- in a skilled trade occupation (jobs with 2011 NOC codes that start with 72, 73, 82, 92 as well as 632 and 633)
- by employer(s) who have a new positive LMIA that approves the offer and names you and your position OR
- if you’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive 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(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR
- you have a valid work permit for one of the listed skilled trade occupation and it’s exempt from needing an LMIA, and you:
- are currently working for an employer specified on the work permit
- have one year of full-time work experience (or an equal amount of part-time work) for the employer(s) on your work permit who is making the offer and
- have a valid job offer from that employer for at least one year after we issue your permanent resident visa
In both examples, the LMIA supports the job offer as set out above, or is exempt from needing an LMIA.
Example 1
Two companies hire a heavy equipment operator. The LMIA lists both. Each employer is offering 16 hours of work per week for a minimum of one year.
This job offer is valid.
Example 2
A construction company offers a plumber a position for 25 hours per week. It’s on a non-contract basis.
This job offer isn’t valid. A job must be for at least 30 hours a week to be full -time.
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:
- if you’re already working for them with a work permit based on that LMIA
- if you work in a job that doesn’t need an 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
Our officers must be convinced that you will:
- be capable of doing the work you’re offered
- likely qualify to be licensed or certified by the relevant regulatory body once you’re in Canada ( if the job is regulated in Canada)
My PGWP expired on June 2016 while I was working on full time job. Jan 2016 agreement says I can work for my company full time without any end date. If I get PR visa I can continue that job.
But does it have an associated and valid labour market impact assessement (LMIA)? And what is the NOC Skill Type/Level?
Yes, but you didn't answer the more important of the 2 questions
I assume, since this is an employment agreement from 2016, that you're currently in that job and got new work authorization after your PGWP expired in June 2016...
If that above assumption is true, is the employer you're working for, the same employer who is listed on your work permit, and was that work permit issued based on a positive labour market impact assessment (LMIA)? If not, then you can't use it and you can't claim points for having a job offer, and should answer 'No' to the question.
If you're not currently in that job (i.e. you had to leave when your PGWP expired), then you can't use the January 2016 Employment Agreement. The employer would have to issue you a new offer that is accompanied by a new positive labour market impact assessment (LMIA). If you don't have this, you can't claim points for having a job offer, and should answer 'No' to the question.
Basically, you need to have an LMIA, unless you are working in an LMIA exempt job (which I doubt a job under NOC Code 6235 would be...)
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My open work permit got expired on June 2016 that is why I'm not working there but if I got pr visa then I can continue the same job.
Hi anudeep,
If I'm understanding you correctly then no, this doesn't count as a job offer that you can claim points under for Express Entry. It's a job offer, but you can't answer 'Yes' to the question of if you have a job offer in the Express Entry profile. The job offer you have doesn't meet the requirements.
So to answer your first question, no, you can't upload your '2016 Employment Agreement' instead of an LMIA Job Offer. It won't serve any purpose, and your application will be rejected if you try to use this as evidence for answering 'Yes' to the question that you have a valid offer of employment for Canada.
Assumptions made in coming to answer, since you won't answer the questions directly:
- The Employer has not issued you a new employment agreement since your PGWP expired in June 2016 (otherwise you wouldn't be trying to upload a January 2016 Employment Agreement)
- The job offer does not have a positive LMIA