NON-LMIA, Valid Job Offer, International Students/Workers Explained
Job offer to get 50 or 200 points?
Foreign nationals who were offered employment in Canada can get:
50 CRS points for an offer of employment in a NOC 0, NOC A, or B job. For example, when middle managers or professionals get a job offer in Canada;
200 CRS points for an offer of employment in a NOC 00 job. For example, when senior managers, executives, self-employed entrepreneurs, or business owner-operators get a job offer in Canada.
Are you currently working in Canada ? yes/no, the fact is that all are looking forward to gain extra CRS (Comprehensive Ranking System) scores and receive an invitation under Express Entry system, for their Permanent Residency (PR). Within this system, applicants see LMIA (Labour Market Impact Assessment) to be an attractive option to gain 50 or 200 additional points. Student/Worker in Canada or foreign nationals outside Canada who wish to understand on how to secure such points, Let’s explore !
It is not sufficient just to be offered a job in Canada.
A job offer is an employment offer that is:
– in writing;
– not from an embassy, high commission or consulate in Canada;
– setting out details of the job, such as pay and deductions, duties, job conditions…;
– made by an eligible employer for Continuous, paid, and full-time (min. 30 hrs);
– at least be valid for 1 year after PR is issued and for NOC 0,A,B.
HOWEVER, FOR A JOB-OFFER TO BE A VALID JOB OFFER – YOU NEED AN LMIA OR YOU SHOULD BE EXEMPTED FROM GETTING AN LMIA.
1. Valid Job Offer – with LMIA
Foreign national is not required to work in Canada up until their PR application is approved, but may work if they have an authorization. At the time of application for a permanent resident visa i.e. after getting Invitation to apply – ITA and NOT just creating an Express Entry Profile, LMIA must be valid and less than six months must have passed since the LMIA issuance date.
What about the applicants in Canada ?
International students & workers, needs to be working in Canada on an LMIA-Based or LMIA Exempted (Non-LMIA) Closed Work Permit for additional 50 or 200 CRS Score.
Temporary foreign worker in Canada, including graduated student on Post Graduate Work Permit (PGWP) and any other open work permit holders, must be working for the same Canadian employer who does their LMIA during all the time up until his PR application is approved. The LMIA itself may have expired (i.e., more than six months passed since the issuance date), but the new one is not required in this scenario. To further clarify this, only the following candidates are eligible for the additional 50 or 200 points:
- Foreign national is a holder of a valid Work Permit that was issued based on LMIA (PGWP or any kind of Open Work Permit is not eligible).
- Foreign national is currently working in Canada in a NOC 0, A, or B job on an LMIA-based Work Permit.
- Foreign national is currently working for an employer listed on an LMIA-based Work Permit.
- LMIA-based Work Permit must be valid up until a foreign national is accepted as a permanent resident.
- Foreign national is authorized to work in Canada on the day they apply for a permanent resident visa, and when the permanent resident visa is issued.
- Foreign national’s current employer (i.e., the one notified on a valid LMIA-based Work Permit) made them a job offer.
2. Valid Job Offer – without an LMIA
Foreign nationals, including International students & workers, can apply for LMIA-Exempted Work Permit for additional 50 or 200 CRS Score.
LMIA-exemptions applies if you answer YES to ALL of the following:
- have you been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work), and
- do you have a valid work permit that is exempt? from an LMIA under:
- an international agreement,
- a federal-provincial agreement, or
- the “Canadian interests” category
Note: For skilled trade jobs, up to 2 employers can make a job offer. You must work for both those employers.
WORK PERMITS ARE ISSUED WITHOUT AN LMIA TO THE PEOPLE BELONGING TO THE FOLLOWING GROUP
- an international agreement like CUSMA or GATS, and non-trade agreements. This can include professionals, traders and investors.
- a federal-provincial agreement This includes “significant investment” projects and hence also includ.
- exempt for “Canadian interests” reasons:
- “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
- general: Self-employed engineers, technical workers, creative and performing artists, etc.
- workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
- workers under Mobilité francophone
- reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
- general (such as professional coaches and athletes working for Canadian teams)
- International Experience Canada – a work abroad program for youth and young professionals
- people in exchange programs like professors and visiting lecturers
- designated by the Minister
- academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
- competitiveness and public policy
- medical residents and fellows
- post-doctoral fellows and people who have won academic awards from Canadian schools
- Charity and religious work (not including volunteers)
- “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
Note: Jobs that are exempt from needing an LMIA still need a closed work permit.