Tuesday, May 24, 2022

How will a job offer affect my Express Entry profile?

While possessing a job offer is not mandatory for those seeking to immigrate using the Express Entry system, applicants with an approved job offer (also called arranged employment) in hand will have a greater chance of being invited to apply for permanent residence.

Under current regulations, applicants with an arranged employment offer under National Occupational Code (NOC) 00 (senior management) will receive 200 points under their Comprehensive Ranking Score (CRS) score, while those with NOC 0, A or B will receive 50 points.

Applicants who have received a job offer must add the following information to their Express Entry profiles:

Employer name and address

Start date of the job

Labour Market Impact Assessment number or indicate that the job offer is LMIA-exempted

NOC code related to the job

Job offers under the three different skilled immigration programs are subject to different requirements.

Job Offers under the Federal Skilled Worker Program and the Canadian Experience Class

A valid job offer under these programs must be:

For work that is continuous, paid, and full time (at least 30 hours a week)

For work that is permanent and not seasonal

For work that falls under skill type 0 or skill level A or B of the National Occupation Classification.

Applicants under these programs must also fulfill ONE of the following two conditions:

1. The employer making the job offer has obtained a positive Labour Market Impact Assessment from Employment and Social Development Canada.

2. The applicant is already working in Canada on a work permit that was issued based on an LMIA AND,

0. The job falls under skill type 0 or skill level A or B of the NOC.

1. The applicant is working for the employer that is listed on his or her work permit.

2. The applicant is authorized to work in Canada on the day he or she applies for permanent residence.

3. The applicant will be authorized to work in Canada on the day that a potential permanent residence visa is issued.

4. The applicant’s current employer has offered the applicant a full-time job should the applicant be accepted for permanent residence. The offer must be for at least one year and have the same NOC Code as the applicant’s current job.


Job Offers under the Federal Skilled Trade Program

A valid job offer under the Federal Skilled Trade program must be:

Made by one employer or by two employers simultaneously

For continuous, full-time work (at least 30 hours per week)

For work that will last at least one year

For work that falls under the “Skilled Trade” section of the NOC database. These jobs will have codes that start with the following numbers:

o 72

o 73

o 82

o 92

o 632

o 633

Applicants under this program must also fulfill ONE of the following two conditions:

1. The employer making the job offer has obtained a positive LMIA from Employment and Social Development Canada.

2. The applicant is already working in Canada on a work permit that was issued based on an LMIA AND,

0. The job is in a skilled trade (see section above).

1. The applicant is working for the employer that is listed on his or her work permit.

2. The applicant is authorized to work in Canada on the day he or she applies for permanent residence.

3. The applicant will be authorized to work in Canada on the day that a potential permanent residence visa is issued.

4. The applicant’s current employer has offered the applicant a full-time job should the applicant be accepted for permanent residence.


Other Requirements for All Applicants

For a job offer to be valid, an applicant must be able to convince Canadian immigration officials that they are capable of performing the job that they have been offered. If the relevant job is regulated in Canada, the applicant must also be able to show that they will be able to obtain any required licenses or certifications upon arriving in Canada.

Note: In Canada, the provincial governments are responsible for regulating trades and professions. Applicants are thus advised to contact the government of the specific province they wish to live in so that they can learn about relevant regulatory requirements.

A job offer will be INVALID if it consists of work at:

An embassy in Canada

A high commission in Canada

A consulate in Canada


What is a “valid” job offer?

Immigration, Refugees and Citizenship Canada (IRCC) considers a job offer valid if it is full-time, continuous paid work. Full time means at least 30 hours per week by one employer—or up to two for Federal Skilled Trades Program (FSTP) candidates. It cannot be seasonal work, and it has to be ongoing for at least one year after you get your permanent resident visa.

Also, it has to be in a skilled occupation, meaning it falls under categories 00, 0, A, or B on the National Occupational Classification (NOC) system.

To score the points, your employer usually needs to get what is called a positive Labour Market Impact Assessment (LMIA). An LMIA is a document that employers often need to hire a foreign worker. It is meant to prove that there will not be any negative impacts on the Canadian job market if the company hires a foreign worker.

However, certain occupations are LMIA exempt. You can also claim the job offer points for these occupations, provided you have worked for them for a year and will continue working for them for at least one year after you get your permanent resident visa. Your current employer also has to be the one specified on your work permit.

To put that into bullet points, you can only get points for the job offer if:

it is for a full time, continuous, paid position for at least one year in a skilled occupation;

your employer has a positive LMIA that approves the offer and names you and your position; or

if you are currently working for the same employer listed on your LMIA-based work permit, and you are authorized to work in Canada on the day of your application and when the permanent resident visa is issued and you have a valid job offer for at least one year after you get your permanent resident visa; or

if you have a valid work permit for a skilled occupation that is exempt from the LMIA requirement, and you have one year of full-time work experience for that employer, and a valid job offer for at least one year after you get your permanent resident visa.

The important criteria, which most people miss, is that to get the CRS points, your job offer needs to be supported by an LMIA, or be LMIA exempt.

You cannot get job offer points if you are working in Canada on an open work permit, such as Post-Graduation Work Permit (PGWP), and your employer has not done an LMIA. Although an open work permit can help you get points for having Canadian work experience, or possibly make you eligible for a Provincial Nominee Program (PNP), it does not allow you to get the 50 or 200 point-award that is specifically for having a job offer. If you want the points for the job offer, your employer should get an LMIA.


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