Points from LMIA-exempt job offer

[pedrocoelho]

Hi everyone,

I'm applying for a closed work permit later this month with LMIA exemption code C16 for Mobilité Francophone. I've been working for over a year on my PGWP for the same employer who is providing the job offer for this new work permit application.

My understanding is that this job offer should increase my score in the Canadian Experience Class pool by 50 points, which would likely guarantee us an ITA. However, I’m unclear whether I’ll need to work for an additional year after my new work permit is issued to get the 50 points, or if I’m entitled to them immediately, since I’ve already been working for this employer for over a year. Does anyone know which is correct?

Here is IRCC's wording on the conditions for an LMIA-exempt job offer to be valid:

• if you have a valid work permit for a NOC TEER 0, 1, 2 or 3 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

On the other hand, it seems these are the questions that need to be answered "Yes" for the points to be awarded:
- "Is [candidate's name]'s job offer from the employer named on the current work permit?" - Yes
- "Has [candidate's name] been working full-time for the employer on their current work permit for at least one year?" - Yes

I'm not sure if answering "Yes" to the second question would be appropriate in my situation (as soon as I receive my new work permit), though I would very much like it to be the case. By "on their current work permit," do they mean "working for the employer while on their current work permit," or "working for the employer named on their current work permit"?

I would really appreciate it if anyone could help.

 

[kimmytrang]

Hi everyone,

I'm applying for a closed work permit later this month with LMIA exemption code C16 for Mobilité Francophone. I've been working for over a year on my PGWP for the same employer who is providing the job offer for this new work permit application.

My understanding is that this job offer should increase my score in the Canadian Experience Class pool by 50 points, which would likely guarantee us an ITA. However, I’m unclear whether I’ll need to work for an additional year after my new work permit is issued to get the 50 points, or if I’m entitled to them immediately, since I’ve already been working for this employer for over a year. Does anyone know which is correct?

Here is IRCC's wording on the conditions for an LMIA-exempt job offer to be valid:

• if you have a valid work permit for a NOC TEER 0, 1, 2 or 3 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

On the other hand, it seems these are the questions that need to be answered "Yes" for the points to be awarded:
- "Is [candidate's name]'s job offer from the employer named on the current work permit?" - Yes
- "Has [candidate's name] been working full-time for the employer on their current work permit for at least one year?" - Yes

I'm not sure if answering "Yes" to the second question would be appropriate in my situation (as soon as I receive my new work permit), though I would very much like it to be the case. By "on their current work permit," do they mean "working for the employer while on their current work permit," or "working for the employer named on their current work permit"?

I would really appreciate it if anyone could help.

Hi Pedro,
Did you get the answer for this question yet? Can you please share cause I also would like to know as well

 

[pedrocoelho]

Hi Pedro,
Did you get the answer for this question yet? Can you please share cause I also would like to know as well

Hi there, I haven't received a response yet, but I’m assuming I’ll be eligible for those 50 points once my closed work permit is issued, but only if I'm lucky and the processing time is shorter than usual (I applied on December 4), since they’ve now announced that valid job offers will no longer boost CRS scores starting in Spring 2025 (as a response to people buying LMIAs to get PR)

 

[CancelEducational745]

Hi there, I am on the same boat with C20 WP and very sad with new announcement. However, my HR said you can claim point as soon as you get they offer no need to wait for the WP. Do you know or hear anything about this info?

 

[owie]

I am applying for Express entry. Pls can my step brother nominate me? I mean if I can get the nomination points if my step brother nominate?

 

[CanGoldDigger]

I am applying for Express entry. Pls can my step brother nominate me? I mean if I can get the nomination points if my step brother nominate?

Both your step browser and you might have issues. Besides LMIA points will be removed next spring.

 

[Aryan$9]

@pedrocoelho - Did you get an answer on this? I’m in the same boat as you. Just received my C20 closed work permit (LMIA exempt). Not sure if I can straight away claim 50 points. Been working for my employer for almost 3 years now (though on open PGWP up until now).

 

[Naturgrl]

@pedrocoelho - Did you get an answer on this? I’m in the same boat as you. Just received my C20 closed work permit (LMIA exempt). Not sure if I can straight away claim 50 points. Been working for my employer for almost 3 years now (though on open PGWP up until now).

Do you have an approved closed work permit? In the past, you have needed to be on closed work permit for a year but some have had success getting the 50 points added to to their profile as soon as they got LMIA exemption. Have you added it to your profile? Best to try and count now because you will not be able to count the 50 points by March. However your PR application may be refused but at least you have an approved closed work permit. What is your NOC and CRS score?

 

[pedrocoelho]

Do you have an approved closed work permit? In the past, you have needed to be on closed work permit for a year but some have had success getting the 50 points added to to their profile as soon as they got LMIA exemption. Have you added it to your profile? Best to try and count now because you will not be able to count the 50 points by March. However your PR application may be refused but at least you have an approved closed work permit. What is your NOC and CRS score?

So, it seems I'm technically eligible for the 50 points once my closed work permit is approved. They actually updated the wording on the valid job offer requirements for LMIA-exempt closed work permit holders since the last time I posted here. It now says "one year of experience for that employer under any work permit", so my previous experience counts.

The problem is, I still need to answer Yes to "Is [candidate's name]'s job offer from the employer named on the current work permit?" to get the 50 points, but I'd be lying if I said yes since my current work permit is not the closed work permit (which is still processing), but my PGWP. I would have gotten an ITA in today's CEC draw if I had answered yes!

I wanna go ahead and answer yes, and hope that my work permit is approved within 60 days of my ITA, but then like you said I'll be risking having my PR application refused, right? Does that mean I'd also be unable to apply for PR again? Yes, my closed work permit will probably be issued to last 3 years, and I might even be able to renew it down the line, but I just want to stop worrying and get PR once and for all...

I applied for the closed work permit on Dec 4 (50 days ago), and the current processing time is 135 days. I don't wanna wait until I'm no longer eligible for the 50 points, but this is such a tricky situation

 

[CanGoldDigger]

So, it seems I'm technically eligible for the 50 points once my closed work permit is approved. They actually updated the wording on the valid job offer requirements for LMIA-exempt closed work permit holders since the last time I posted here. It now says "one year of experience for that employer under any work permit", so my previous experience counts.

The problem is, I still need to answer Yes to "Is [candidate's name]'s job offer from the employer named on the current work permit?" to get the 50 points, but I'd be lying if I said yes since my current work permit is not the closed work permit (which is still processing), but my PGWP. I would have gotten an ITA in today's CEC draw if I had answered yes!

I wanna go ahead and answer yes, and hope that my work permit is approved within 60 days of my ITA, but then like you said I'll be risking having my PR application refused, right? Does that mean I'd also be unable to apply for PR again? Yes, my closed work permit will probably be issued to last 3 years, and I might even be able to renew it down the line, but I just want to stop worrying and get PR once and for all...

I applied for the closed work permit on Dec 4 (50 days ago), and the current processing time is 135 days. I don't wanna wait until I'm no longer eligible for the 50 points, but this is such a tricky situation

Yes, you will be eligible for 50 points when you get your valid job offer.

A valid job offer has to be:

• for 1 employer
• continuous
• paid
• full-time (at least 30 hours a week)
• not seasonal
• for at least 1 year after we issue your permanent resident visa
• in a NOC TEER category 0, 1, 2 or 3

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 TEER 0, 1, 2 or 3 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

 

[sancanada2417]

When did you apply for your C20 work permit?

@pedrocoelho - Did you get an answer on this? I’m in the same boat as you. Just received my C20 closed work permit (LMIA exempt). Not sure if I can straight away claim 50 points. Been working for my employer for almost 3 years now (though on open PGWP up until now).