But, Was It Is A Valid Job Offer?
Well, this is a common question. And we are going to answer it in this article. Firstly, it is important to know that, in general terms, a valid job offer must:- Be written,
- Not be from an Embassy, high commission or consulate, and
- Set the details about your duties, payments, deductions, hours of work and conditions of employment.
Federal Skilled Workers and Canadian Experience Class
In this case, your job offer must:- Made by one employer,
- Continuous job,
- Be paid,
- Full-time. At least 30 hours per week,
- Be for at least one year after IRCC issues your permanent resident visa,
- Not a seasonal job,
- Not on a contract basis, and
- Has to be at a job that is NOC: A, B or 0.
- You have a job offer made by an employer with a new positive Labour Market Impact Assessment (LMIA) who approves the offer, names you and the position.
- You currently work in Canada in a position with NOC A, B or 0 with a work permit issued based on an LMIA, and:
- You work for an employer listed on your work permit,
- You are authorized to work in Canada when you apply for your permanent resident status and when the visa is issued, and
- Your current employer offered to give you a full-time job for at least one year once you get your permanent resident status.
- If you hold a valid work permit for a job NOC A, B or 0 that is exempt from an LMIA, and you:
- Currently, work for an employer specified on the work permit,
- Completed one year of full-time work experience (or an equal amount of part-time work) for that employer, and
- Have a valid job offer from that same employer for at least one year after you receive your permanent resident visa.
Federal Skilled Trades (FST)
If you are a federal skilled trade worker, your valid job offer must:- Be made by up to two employers,
- Be for continuous paid, full-time work (minimum 30 hours per week),
- Valid for at least one year, and
- Be in a skilled trade occupation. It means, for jobs with 2016 NOC codes starting with 72, 73, 82, 92 and 632 and 633.
- Your job offer is made by an employer who has a new positive LMIA that approves the offer, names you and your position.
- You are currently working in Canada in a skilled trade job with a work permit that was issued based on a positive LMIA, and:
- You work for a company listed on your work permit,
- You are authorized to work in Canada on the day you apply for your permanent resident status and when the visa is issued, and
- Your current employer(s) offered to give you a full-time once you get accepted as a permanent resident. It must be in a job that is in the same three-digit level of the NOC as your current job. It also has to be for at least one year.
- You have a valid work permit for one of the listed skilled trade occupations and it’s exempt from an LMIA, and you:
- Currently, work for an employer specified on the work permit,
- Completed one year of full-time work experience (or an equal amount of part-time work) for the employer(s) on your work permit, who is the one making the offer, and
- You have a valid job offer from that same employer for at least one year after getting your permanent resident visa.
LMIA – Exempt Job Offer
In the Express Entry System, your employer doesn’t need to get an LMIA if you:- Have been working full-time for the employer on your work permit for 1-year minimum. Or an equivalent amount of part-time work,
- Have a valid job offer, and
- Hold a valid work permit that is exempt from an LMIA under an international agreement, a federal-provincial agreement OR the “Canadian interests” category.
- Under an international agreement like CUSMA (Canadian-US and Mexico agreement) or GATS (General Agreement on Trade in Services) and non-trade agreements. It includes professionals, investors and traders.
- Covered by an agreement between a province or territory and Canada. Including “significant investment” projects.
- Is exempt for “Canadian interests” reasons. Those are:
- “Significant benefit”: In this case, your employer needs to prove you bring an important cultural, social and/or economic benefit to Canada. This can include:
- General: Self-employed engineers, technical workers, creative artists, etc.
- Workers transferred from a company (ICT transferees with specialized knowledge). It is valid only to those who will benefit Canada with their skills and experience.
- workers under Mobilité francophone
- Reciprocal employment:
- General ( professional coaches and athletes working for Canadian teams),
- International Experience Canada,
- Participants in exchange programs like professors and lecturers.
- Designated by the Minister:
- Academics, researchers, lecturers and professors
- Competitiveness and public policy.
- Charity and religious work. It doesn’t include volunteers.
Thushari Nanayakkara
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