LMIA needed for PGWP Holders within Canda for EE

[Harmanjot]

HI Experts,

I found below article which states that PGWP holders do not need LMIA and are exempted from it.


Employers seeking to employ open work permit holders are exempt from the requirement to first obtain a positive labour market impact assessment (LMIA) from Service Canada. The open work permits issued to the graduates in line with the program requirements of the PGWPP are coded with the LMIA exemption code C43.

A work permit under the PGWPP may be issued for the length of the study program, up to a maximum of three years. A post-graduation work permit cannot be valid for longer than the student’s study program, and the study program must be a minimum of eight months in length.

But when I called CIC today they advised that PGWP holders need to get LMIA if they want 600 points in NEW EE system.!!!! We need to go through our employer and get the LMIA approved. It is free for PGWP holders and as advised by the call center agent it is fairly simple to get it as we are already working!!!

Any one else have any insight on this info or regarding this topic ?

Please help !!!!!

Thanks
Harman

 

[Nick~Nick]

HI Experts,

I found below article which states that PGWP holders do not need LMIA and are exempted from it.


Employers seeking to employ open work permit holders are exempt from the requirement to first obtain a positive labour market impact assessment (LMIA) from Service Canada. The open work permits issued to the graduates in line with the program requirements of the PGWPP are coded with the LMIA exemption code C43.

A work permit under the PGWPP may be issued for the length of the study program, up to a maximum of three years. A post-graduation work permit cannot be valid for longer than the student's study program, and the study program must be a minimum of eight months in length.

But when I called CIC today they advised that PGWP holders need to get LMIA if they want 600 points in NEW EE system.!!!! We need to go through our employer and get the LMIA approved. It is free for PGWP holders and as advised by the call center agent it is fairly simple to get it as we are already working!!!

Any one else have any insight on this info or regarding this topic ?

Please help !!!!!

Thanks
Harman

Understandable, every one saying that under PGWP we need LMIA for EE.
But, I think its not that fairly simple, to get positive LMIA, we should have medium to max wage.
And I think, for University student it may be possible but for post-grad from college...don't know how to get that much wage on first yr of PGWP..!

 

[Nick~Nick]

Check this out..!
We still need more info and clarification...!

Guys...As far as my communication with CIC is concerned.... she took about 10 minutes to cross check with her manager/colleagues/resources and told me that PGWP Holders who have REGULAR FULL TIME PERMANENT JOBS can apply for EXPRESS ENTRY without LMIA.... and Logically speaking... since they issue PGWP as a LMIA exempted work permit which is also called as OPEN WORK PERMIT.. any job with this work permit AUTOMATICALLY falls under LMIA EXEMPTED JOB.....

Somebody was talking about LMIA exemption Codes... please find below

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/codes.asp

So this clarifies that.....PGWP with ELIGIBLE JOB is good for 600 Points under EXPRESS ENTRY....

 

[a3449655]

Check this out..!
We still need more info and clarification...!

For Canadian Experience Class (not required but applicants can get extra points under the Comprehensive Ranking System for a job offer) ◦be permanent, non-seasonal and full time, and
◦be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

We don't need LMIA that is for sure. On CIC website they also mentioned that if you had LMIA you will receive extra points

 

[Harmanjot]

For Canadian Experience Class (not required but applicants can get extra points under the Comprehensive Ranking System for a job offer) ◦be permanent, non-seasonal and full time, and
◦be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

We don't need LMIA that is for sure. On CIC website they also mentioned that if you had LMIA you will receive extra points




So that means we will get 600 points regardless if we get LMIA or not ?

Thanks
Harman

 

[a3449655]

I think so. If you have LMIA you get extra 600 otherwise 0

 

[Phil89]

I think so. If you have LMIA you get extra 600 otherwise 0

No!! You are not getting 600 points if you don't have LMIA!!! And a job offer doesn't give you 600 points either! You only get points for your education, language, experience etc.

 

[Nick~Nick]

No!! You are not getting 600 points if you don't have LMIA!!! And a job offer doesn't give you 600 points either! You only get points for your education, language, experience etc.

So far that is true...Then how you explain open work permit ?
Out of 1200 if we are not getting 600...that make us very last in pool, I think !! :'(
i think, let wait for more info...

 

[a3449655]

No!! You are not getting 600 points if you don't have LMIA!!! And a job offer doesn't give you 600 points either! You only get points for your education, language, experience etc.

No. What I mean is that If you have job offer supported by LMIA you will get 600 points

 

[Phil89]

So far that is true...Then how you explain open work permit ?
Out of 1200 if we are not getting 600...that make us very last in pool, I think !! :'(
i think, let wait for more info...

To explain what? It seem like you just don't want to accept it... With your open work permit you can work for any employer you want. But to get 600 points under CEC EE you need your employer to get LMIA!!

 

[Nick~Nick]

To explain what? It seem like you just don't want to accept it... With your open work permit you can work for any employer you want. But to get 600 points under CEC EE you need your employer to get LMIA!!

I am accepting that totally, I am just looking the pros and cons
Don't be harsh..

 

[Harmanjot]

Hi Experts,

One more question -

Please let me know when will be the last date to submit the CEC applications ?
On the website they say before Jan 1, 2015. That means that the FILE has to be delivered before Jan 1 or has to be in "FILE RECEIVED"/AOR status before Jan 1 ??????

Confused..... Please help !!!!

Thanks Harman

 

[mf4361]

@Harmanjot
The above article from CIC refers to [Getting a PGWP] and [able to work without a LMO/LMIA], and we all know that. Nothing about express entry and CRS points are mentioned.

@Nick~Nick
Again, that LMIA exemption codes list is for temporary work permits. We all know PGWP holders don't need LMIA to start working in Canada.

There are so many confusion about the 600 points for PGWP. Most people who points out PGWP holders NEEDS LMIA are quoting CIC website that are under FSWP or TFWP sections. Of course if PGWP holder applies through those two program they will need LMIA/LMO, with or without express entry.

Most of PGWP don't go that way, we go for the CEC route.

There is one section on about LMIA mentioning CEC isn't required but will gain extra points. Does that refer to the 600 points? It's so vague, I don't know how should I interpret it.

If LMIA is required for all PGWP, this makes new grads virtually competing with foreign workers (usually with many years of experiences) Like @Nick~Nick says, requiring LMIA for new grads are unfair as most of them are entry level jobs. From a policy perspective, it's like Canada is abandoning people who are already in Canada (Not only PGWP, also ICT, IEC, etc.) and opt for people who've never been here, which breaks the whole point of having CEC in the first place.

That's my opinion.

 

[Nick~Nick]

@ Harmanjot
The above article from CIC refers to [Getting a PGWP] and [able to work without a LMO/LMIA], and we all know that. Nothing about express entry and CRS points are mentioned.

@ Nick~Nick
Again, that LMIA exemption codes list is for temporary work permits. We all know PGWP holders don't need LMIA to start working in Canada.

There are so many confusion about the 600 points for PGWP. Most people who points out PGWP holders NEEDS LMIA are quoting CIC website that are under FSWP or TFWP sections. Of course if PGWP holder applies through those two program they will need LMIA/LMO, with or without express entry.

Most of PGWP don't go that way, we go for the CEC route.

There is one section on about LMIA mentioning CEC isn't required but will gain extra points. Does that refer to the 600 points? It's so vague, I don't know how should I interpret it.

If LMIA is required for all PGWP, this makes new grads virtually competing with foreign workers (usually with many years of experiences) Like @ Nick~Nick says, requiring LMIA for new grads are unfair as most of them are entry level jobs. From a policy perspective, it's like Canada is abandoning people who are already in Canada (Not only PGWP, also ICT, IEC, etc.) and opt for people who've never been here, which breaks the whole point of having CEC in the first place.

That's my opinion.

Thanks, you explain my point very clearly. Thank You!
That is my question how to compare foreign worker with many years of exp and new grads with entry level jobs..

 

[ngelsa]

EE is just an express way for Canada to attract and select the best of the best candidates out of the pool of eligible people, so I am not surprised if the system favours those who have years of experience in skilled jobs and core competencies to excel in Canada.

On the other hand, I think people forget that traditional programs still exist and is not being removed, so if you do not qualify for EE you can still apply for a PR through many other means.

And for Fresh Grads, as long as your job is skilled (NOC O, A or B) and have at least 1 year of experience you are good. In addition, if you need to extend your PGWP before you obtain your PR then you will require to have a positive LMIA to do so anyway, so my advice to PGWP holders is: obtain a skilled job, not just any job and be ready to submit your application before your PGWP runs out; otherwise, it will turn into an extremely tedious and insane process that I had been through.