Valid job offer - LMIA

[fadsjl2561]

Hello everyone,

I graduated with a degree from a public university in Canada last year, got a permanent job offer and have worked for a year as an engineer on my PGWP.

Do I need an LMIA to qualify for "Valid job offer"?

Valid job offer
If you have a valid job offer it means that:

• a Canadian employer has offered you a full-time, non-seasonal job for one year or more, and
• you have a valid Labour Market Impact Assessment (LMIA) number, or
• the job is exempt from needing an LMIA

Before I get answered "PGWP is an open work permit and and not exempt from LMIA",
under the federal Labour market impact assessment (LMIA) exemption codes – International Mobility Program:

R205: Canadian interests
R205(c)(ii) Competitiveness and public policy exemption codes

Act	LMIA exemption code: December 14 and before	LMIA exemption code: December 15, 2022 and after
Post-grad employment	C43	C43

Code 43 - Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Program:
...
The post-graduation work permit (PGWP) category allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to gain valuable Canadian work experience. Skilled Canadian work experience in Training, Education, Experience and Responsibilities (TEER) categories 0, 1, 2 or 3 helps graduates qualify for permanent residence in Canada through the Canadian experience class.


Does this mean I am exempt from LMIA? It certainly reads like it.

 

[iSaidGoodDay]

Hello everyone,

I graduated with a degree from a public university in Canada last year, got a permanent job offer and have worked for a year as an engineer on my PGWP.

Do I need an LMIA to qualify for "Valid job offer"?

Valid job offer
If you have a valid job offer it means that:

• a Canadian employer has offered you a full-time, non-seasonal job for one year or more, and
• you have a valid Labour Market Impact Assessment (LMIA) number, or
• the job is exempt from needing an LMIA

Before I get answered "PGWP is an open work permit and and not exempt from LMIA",
under the federal Labour market impact assessment (LMIA) exemption codes – International Mobility Program:

R205: Canadian interests
R205(c)(ii) Competitiveness and public policy exemption codes

Act	LMIA exemption code: December 14 and before	LMIA exemption code: December 15, 2022 and after
Post-grad employment	C43	C43

Code 43 - Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Program:
...
The post-graduation work permit (PGWP) category allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to gain valuable Canadian work experience. Skilled Canadian work experience in Training, Education, Experience and Responsibilities (TEER) categories 0, 1, 2 or 3 helps graduates qualify for permanent residence in Canada through the Canadian experience class.


Does this mean I am exempt from LMIA? It certainly reads like it.

You are not LMIA exempt.

 

[scylla]

Hello everyone,

I graduated with a degree from a public university in Canada last year, got a permanent job offer and have worked for a year as an engineer on my PGWP.

Do I need an LMIA to qualify for "Valid job offer"?

Valid job offer
If you have a valid job offer it means that:

• a Canadian employer has offered you a full-time, non-seasonal job for one year or more, and
• you have a valid Labour Market Impact Assessment (LMIA) number, or
• the job is exempt from needing an LMIA

Before I get answered "PGWP is an open work permit and and not exempt from LMIA",
under the federal Labour market impact assessment (LMIA) exemption codes – International Mobility Program:

R205: Canadian interests
R205(c)(ii) Competitiveness and public policy exemption codes

Act	LMIA exemption code: December 14 and before	LMIA exemption code: December 15, 2022 and after
Post-grad employment	C43	C43

Code 43 - Post-graduation work permit (PGWP) [R205(c) - C43] – International Mobility Program:
...
The post-graduation work permit (PGWP) category allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to gain valuable Canadian work experience. Skilled Canadian work experience in Training, Education, Experience and Responsibilities (TEER) categories 0, 1, 2 or 3 helps graduates qualify for permanent residence in Canada through the Canadian experience class.


Does this mean I am exempt from LMIA? It certainly reads like it.

I assume you are asking if you can claim points for having a job offer under EE. If so, the answer to that question is no. Yes, you are on an LMIA exempt work permit. However to claim points for having a job offer while on an LMIA exempt work permit, it needs to be a closed work permit with the employer named. So you should answer "no" to the job offer question in your EE profile.

 

[fadsjl2561]

You are not LMIA exempt.

Your response did not address anything that I wrote.

 

[fadsjl2561]

I assume you are asking if you can claim points for having a job offer under EE. If so, the answer to that question is no. Yes, you are on an LMIA exempt work permit. However to claim points for having a job offer while on an LMIA exempt work permit, it needs to be a closed work permit with the employer named. So you should answer "no" to the job offer question in your EE profile.

That makes more sense. Thanks.

 

[iSaidGoodDay]

Your response did not address anything that I wrote.

Your question was:
>Does this mean I am exempt from LMIA? It certainly reads like it.

I think I specifically addressed what you asked.

 

[asa26]

I assume you are asking if you can claim points for having a job offer under EE. If so, the answer to that question is no. Yes, you are on an LMIA exempt work permit. However to claim points for having a job offer while on an LMIA exempt work permit, it needs to be a closed work permit with the employer named. So you should answer "no" to the job offer question in your EE profile.

I hope you could provide me a clarification on this one too.
I have created my EE profileas single and I learned that I have to include my common law partner on my profile so I changed my marital status to common law and added his informations.

He currently holds a work permit under LMIA. He does not have an english exam yet. And I added him as accompanying me in Canada.
I currently have 518 CRS score for both of us.
Would it be best if he would be the primary applicant?

or should I just wait for my ITA

 

[scylla]

I hope you could provide me a clarification on this one too.
I have created my EE profileas single and I learned that I have to include my common law partner on my profile so I changed my marital status to common law and added his informations.

He currently holds a work permit under LMIA. He does not have an english exam yet. And I added him as accompanying me in Canada.
I currently have 518 CRS score for both of us.
Would it be best if he would be the primary applicant?

or should I just wait for my ITA

I can't answer that. Your partner would need to calculate their points. He cannot do this until he has taken a language test.

 

[asa26]

I can't answer that. Your partner would need to calculate their points. He cannot do this until he has taken a language test.

But I am the primary applicant and just including him on my application. so that means that would still require him to have an english exam?

 

[scylla]

But I am the primary applicant and just including him on my application. so that means that would still require him to have an english exam?

You asked me if he should be the primary applicant. To answer that question you need to calculate his points as a primary applicant and he needs to have a language test.

 

[asa26]

You asked me if he should be the primary applicant. To answer that question you need to calculate his points as a primary applicant and he needs to have a language test.

If I'm the primary applicant, would he be fine without the English exam? Currently I have 518 points.
Also I added him as Accompanying me in Canada, is that correct or should I choose Unaccompanying?

 

[scylla]

If I'm the primary applicant, would he be fine without the English exam? Currently I have 518 points.
Also I added him as Accompanying me in Canada, is that correct or should I choose Unaccompanying?

Both are your choice