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On an open work permit, applying for PR

Reyrey

Newbie
Oct 16, 2024
2
0
Hi all,
I have an open work permit and have been working with an organization registered as a Canadian charity with NRA. I have a permanent contract, and been working here for a full year now.

For my EE profile, I'm asked if I have a job offer. Do I need one since I already have a permanent contract? Also I'm asked if LMIA has been issued for this offer. I'm under the impression that my position is LMIA exempt as it's a charitable organization. But came across some information that my employer still needs to give me new job offer and fill out the "Employer Portal" with relevant information (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal/user-guide.html) indicating why the position is exempt. But it seems like it is for obtaining work permit, as the page talks about linking it to the applicant's work visa, while I don't need a work visa as I'm on an open work permit. So I was wondering what should I (and my employer) do for my PR application.

Cheers
 

scylla

VIP Member
Jun 8, 2010
95,358
21,793
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi all,
I have an open work permit and have been working with an organization registered as a Canadian charity with NRA. I have a permanent contract, and been working here for a full year now.

For my EE profile, I'm asked if I have a job offer. Do I need one since I already have a permanent contract? Also I'm asked if LMIA has been issued for this offer. I'm under the impression that my position is LMIA exempt as it's a charitable organization. But came across some information that my employer still needs to give me new job offer and fill out the "Employer Portal" with relevant information (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal/user-guide.html) indicating why the position is exempt. But it seems like it is for obtaining work permit, as the page talks about linking it to the applicant's work visa, while I don't need a work visa as I'm on an open work permit. So I was wondering what should I (and my employer) do for my PR application.

Cheers
Are you applying through Express Entry? If so, no job offer is needed and you answer no to the job offer question. If you want to claim the 50 job offer points to boost you score, then your employer needs to obtain an approved LMIA.
 

Reyrey

Newbie
Oct 16, 2024
2
0
Are you applying through Express Entry? If so, no job offer is needed and you answer no to the job offer question. If you want to claim the 50 job offer points to boost you score, then your employer needs to obtain an approved LMIA.
Yes, I'm going for that extra 50 points. My organization is a charitable entity registered with CRA, so I assumed the position is exempt from LMIA (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html item D).
But you're saying in any case, for that extra 50 points, my employer needs to provide a new job offer (either with approved LMIA, or exempted from it), and it doesn't matter that I'm already working for them. Even though the Employer Portal Guide (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal/user-guide.html) talks specifically about work permit application.
 

scylla

VIP Member
Jun 8, 2010
95,358
21,793
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes, I'm going for that extra 50 points. My organization is a charitable entity registered with CRA, so I assumed the position is exempt from LMIA (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html item D).
But you're saying in any case, for that extra 50 points, my employer needs to provide a new job offer (either with approved LMIA, or exempted from it), and it doesn't matter that I'm already working for them. Even though the Employer Portal Guide (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal/user-guide.html) talks specifically about work permit application.
I'm extremely familiar with the rules and don't need the links.

You can only claim the 50 points under an LMIA exemption if you are on a closed work permit with the employer named on the work permit.

Since you are on a open work permit, your employer needs to obtain an approved LMIA if you want the points. Or alternatively, you would need to look into switching to a closed work permit that is LMIA exempt.

No points with your current situation. Doesn't matter at all that you are already working for them.
 
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