First let's talk about this:
Okay finally! Now I'm getting some info from you
He has a
job offer! That's a critical information for our discussion! We can go somewhere with this.
Now you've just changed the premise.
He does have a job offer. But whether he'll start soon, or already working in that job is very important.
-->If he's currently already working in this job, on a work permit with company name that was
issued based on an LMIA, and got job offer from this same company to stay at that job for at least 1 year after visa is issued then YES, POF EXEMPTED!
-->But if he's about to accept this offer and start this job soon, that means he's a new employee. He therefore still needs LMIA to satisfy job offer requirement in order for him to be eligible for POF exemption. Unless it's a LMIA exempt job of course.
Sure, he can accept this offer without LMIA, but that wouldn't qualify him as having a proper job offer and would therefore be
subject to POF requirement! Again, unless it's a LMIA exempt job.
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Now this:
These points go hand in hand. So I don't think you understood these points correctly. You need to look at the whole block of the requirement fto clearly understand it:
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[A Valid Job Offer] also must be made 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
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If he fulfills all these requirements, then the offer is valid for POF exemption. But to avoid a new LMIA, the work permit initially must have been issued based on LMIA.
Also to qualify for POF exemption, the employer still needs to make a job offer! This is the point I'm trying to make here; and this is what they mean in this requirement paragraph. Job offer is a must! Just having a work permit and having a job at time of application doesn't exempt you from POF like you say.
Remember, we're talking about POF EXEMPTION!