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LMIA requirement in Express Entry

mm1989

Newbie
Aug 30, 2017
4
0
Hello my expert FRIENDS;
I am a graduate student who is applying for Post-Graduate work permit this month and planning to apply for PR after work permit.
I have a job offer as a research engineer at a university, so my question is if my job offer needs a LMIA to support my PR?
If no, what is the procedure/category that I am included in?
if yes, Do I need my employer to apply for? cause usually universities won't do so.
 

ContactFront

Champion Member
Feb 22, 2017
2,482
707
You need to have at least one year work experience, either overseas or in Canada, to apply under FSW or CEC. You don't need LMIA to apply.
If you really want LMIA, yes your employer needs to apply for it.
 

crescent_jam

Hero Member
Aug 21, 2017
808
432
Jamaica
Category........
FSW
Visa Office......
Kingston, Jamaica
NOC Code......
1121
AOR Received.
14-09-2017
Passport Req..
17-10-2017
VISA ISSUED...
26-10-2017
LANDED..........
19-01-2018
You need to have at least one year work experience, either overseas or in Canada, to apply under FSW or CEC. You don't need LMIA to apply.
If you really want LMIA, yes your employer needs to apply for it.
I could be wrong, but if mm1989 IS claiming points for the Job Offer, I'm pretty sure he/she needs an LMIA (except for a small number of very specific types of jobs)...

--------------------

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
It 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:
  • 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

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
Find out more about jobs that are exempt.

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
 
Last edited:

ContactFront

Champion Member
Feb 22, 2017
2,482
707
I could be wrong, but if mm1989 IS claiming points for the Job Offer, I'm pretty sure he/she needs an LMIA (except for a small number of very specific types of jobs)...
If he wants to claim points yes it has be to LMIA.
But he does't need LMIA to qualify for EE