- By Andrew Carvajal
Learning Moments - Arranged Employment in Express Entry
This article by Andrew Carvajal is part of the Immigration Education Alliance (IMEDA) weekly column titled "Learning Moments" and published online.
Hello fellow practitioners. Today’s column deals with arranged employment for the purposes of Express Entry. In particular, our reader wants to know which LMIAs and LMIA supported work permits can be used to claim points for arranged employment?
Reader’s question
Can a valid Labour Market Impact Assessment (LMIA) in the high-wage or low-wage stream (not dual intent LMIA or LMIA for the exclusive support of permanent residence), be used to obtain the extra 50 points in the Express Entry Comprehensive Ranking System? It is not clear to me whether the LMIA alone (while it is still valid) can be used in support of an offer of arranged employment, or whether the client needs to obtain the employer-specific work permit first and then use that to support the offer of arranged employment.
Answer
As long as the offer of employment meets the requirements provided in the Ministerial Instructions corresponding to the federal class, a candidate can use a High-Wage LMIA, Low-Wage LMIA, Global Talent Stream LMIA, dual intent LMIA, or LMIA obtained exclusively in support of permanent residence, in order to qualify for additional points of arranged employment. Whether the employer just obtained the LMIA (and it is still valid) or the employee already applied for a valid work permit with that LMIA, makes no difference.
The number of additional points awarded will depend on the National Occupational Classification (NOC) of the offered position. 200 points will be awarded for executive/senior managerial offers (NOC 00) and 50 points for NOC, 0, A and B offers.
Confirmation of this answer can be found in the wording of subsection 29(2) of the Ministerial Instructions respecting the Express Entry System . [1] The relevant provisions relating to LMIA supported offers have been reproduced below [emphasis added]:
Qualifying offer of arranged employment
(2) A qualifying offer of employment is one of the following:
(a) an arranged employment as defined in subsection 82(1) of the Regulations, if
(i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of the employer or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
(ii) the foreign national holds a valid work permit, the offer of employment is made by an employer for whom the foreign national currently works and who is specified on the work permit, the work permit was issued based on a positive determination made by an officer under subsection 203(1) of the Regulations with respect to the foreign national’s employment with that employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment provided by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked, or
[…]
(b) an offer of continuous full-time employment for a total duration of at least one year from the day on which a permanent resident visa is issued in a skilled trade occupation as defined in subsection 87.2(1) of the Regulations that is made to the foreign national by up to two employers, neither of which is an embassy, high commission or consulate in Canada or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations if
(i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of one or two employers or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
(ii) the foreign national holds a valid work permit, the offer is made by up to two employers who are specified on the work permit, the foreign national currently works for one of those employers, the work permit was issued on the basis of a positive determination by an officer under subsection 203(1) of the Regulations with respect to their employment with their current employer, the assessment by the Department of Employment and Social Development on which the determination is based is not revoked or suspended, and the offer is in a skilled trade occupation that is in the same minor group set out in the National Occupational Classification as the occupation specified on the work permit, or
[…]
None of the above provisions discriminate between one type of LMIA or the other.
This is also reflected in the wording of IRCC’s Program Delivery Instructions regarding “Offer of employment – Skilled immigrants (Express Entry)”. [2] The relevant excerpts have been reproduced below and do not discriminate between different types of LMIAs [emphasis added]:
Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:
[…]
· 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 0, A or B job on a work permit that was issued based on an LMIA, and:
o you’re working for an employer listed on your work permit
o you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
o 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 […]
Federal Skilled Trades workers
A valid job offer has to be:
[…]
· by employer(s) who have a new positive LMIA that approves the offer and names you and your position OR
· if you’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive LMIA, and:
o you’re working for an employer listed on your work permit
o you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued
o your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year […]
We have used different types of LMIAs to support the job offers of our clients and they have experienced no problems in obtaining their permanent residence.
[1] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html
[2] https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html
Andrew Carvajal is a Toronto lawyer and partner at Desloges Law Group specializing in immigration law, administrative law and Small Claims Court litigation.
Twitter: @CarvajalLaw
Email: acarvajal@desloges.ca
