As you may know, a valid job offer is a critical factor that can grant you points for your Express Entry application. In fact, candidates with a valid job offer receive between 50 and 200 points for their profile.
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.
However, each program under the Express Entry system has specific requirements to qualified a job offer as valid.
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 also must satisfy ONE of the following conditions, either:
- 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.
In this case, you also need to satisfy one of the following three conditions, either:
- 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.
You may also be exempt from getting an LMIA if your current job is LMIA-exempt, states a specific employer (or employers in case you are at a skilled trade job) and is:
- 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.
However, these jobs still need a work permit.
Thushari Nanayakkara
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