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You have an LMIA and a work permit. Now what? You’re trying to figure out if you can claim the job offer points in Express Entry for your profile. That’s all that is standing between you and your PR through Express Entry. In this article, we will clarify all the various scenarios where you can claim the job offer bonus points for your Express Entry profile.
We’ve made it simple to figure out under what scenarios and when, with an approved positive LMIA, you can proceed to claim the job offer points in Express Entry.
You can claim the offer of employment points under the following scenarios summarized in the table below. Please keep in mind that first, you need to meet the minimum Express Entry eligibility criteria to have a valid Express Entry profile and hence collect these additional points. These scenarios can apply to both Federal Skilled Worker and Canadian Express Class within the Express Entry program. And don't forget, your occupation (NOC code) needs to be in either TEER 0,1,2, or 3 to be eligible under the Express Entry program.
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Open Work Permit |
Closed Work Permit |
No Work Permit |
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LMIA exempt |
 ***Only after 1-year continuous payroll |
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PR supported LMIA |
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LMIA without PR support |
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You have an open work permit working for the employer and a PR-supported LMIA under your name by this same employer. In this scenario, you meet the IRP regulations outlined in section 82 2(d) and Ministerial instruction under express entry section 29. Sub 2 in order to be able to claim arranged employment points.
You have a closed work permit with a regular non-PR-supported LMIA for the position you are working in now for the same employer.
You have an LMIA-exempt closed work permit such as ICT C12, C61, C62, C63, or C10, or Free Trade Agreement closed work permit and have continuously worked full-time for the company inside Canada for 12 months on payroll equal to 1560 hours or more.
You have no work permit yet, and could be inside or even outside Canada, but have a valid Express Entry profile, and a positive approved PR-supported LMIA. You can claim the offer of employment points before you even receive a work permit, and potentially receive your PR asap while your work permit is under process or even BEFORE your work permit is approved.
You have an open work permit and a non-PR-supported LMIA with your name on it. For example, you have a spousal open work permit or PGWP or an open work permit under one of the special temporary IRCC public policies such as for Ukrainians or Iranians and have an approved LMIA linked to your name without PR support. As per the IRPR 82 sub 2 (a) you can only claim points if you have a valid closed-work permit from this type of LMIA. This means you will need to convert and apply for a closed work permit from your open work permit before you can claim the job offer points in Express Entry.
In order to claim the job offer points, you need the offer of employment document and a valid LMIA. You can also use the previous LMIA which was previously approved for which you are currently on a closed work permit and include a validation letter of your continued employment. Remember that the wording in all the offers of employment for express entry must state that the position is permanent for an indefinite period, at least 1 year after you become a permanent resident.
Keep in mind that claiming 50 points is easy if you are in the TEER 0,1,2, or 3 categories for your occupation. However, if you are planning to claim 200 points under the TEER 000 executive category, then these scenarios still hold true, however not everyone can claim these many points as you need to prove your ability and duties as a senior executive in the company.
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