Job Offers for Express Entry Immigration

Job Offers for Express Entry immigration programs are often a confusing subject for many applicants and remain a frequent reason for refusals. Unrepresented applicants often claim additional 50 points (in a NOC, 0, A or B position) or 200 points (in an executive or senior managerial position of NOC 00) for offers of arranged employment while their job offers and work permits do not warrant such claims.

The fact that you have a valid work permit, are currently working for a Canadian employer in a skilled occupation and your Employer is willing to extend you a job offer in support of your permanent residence application does not necessarily mean that the job offer meets the requirements defined in the Ministerial Instructions and Immigration Regulations. Under what circumstances then should you claim additional points for arranged employment?

There are two broad categories of eligible job offers: LMIA (Labour Market Impact Assessment) based and LMIA exempt.

LMIA based offers of employment have two subcategories:

1. You have accepted a job offer from an employer with a new positive LMIA but you are not yet working for that employer.
2. You are currently working in Canada on a work permit that was issued based on an LMIA and you are working for an employer named in your work permit, and you are authorized to work in Canada on the day you apply for your permanent resident visa and when the visa is issued, and your current employer made you an offer to give you a full-time job for at least one year if your permanent residence application is approved.

LMIA exempt offers of employment can be made by

1. an employer named in your work permit issued under the authority of subsections 204(a) or (c) or section 205 of the Immigration and Refugee Protection Regulations, and
2. you are currently working for the employer making the offer, and
3. you have been continuously working for that employer for at least 12 months full-time (or the equivalent in part-time work) prior to submitting the application.

For example, an LMIA exempt work permit may qualify you for additional points for a job offer under express entry if your work permit is

1. issued under an international agreementsuch as NAFTA or GATS, or non-trade agreements. This can include professionals, traders and investors.
2. issued under an agreement between Canada and a province or territory.This includes “significant investment” projects.
3. exempt for “Canadian interests” reasons:
   • “significant benefit”– if your employer can prove that you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
     • general: Self-employed engineers, technical workers, creative and performing artists, etc.
     • workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
     • workers under Mobilité francophone
   • reciprocal employment– allows foreign workers work in Canada when Canadians have similar opportunities in other countries
     • general (such as professional coaches and athletes working for Canadian teams)
     • International Experience Canada – a work abroad program for youth and young professionals
     • people in exchange programs like professors and visiting lecturers
   • designated by the Minister
     • academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
     • competitiveness and public policy (medical residents and fellows; post-doctoral fellows and people who have won academic awards from Canadian schools)
     • Charity and religious work (not including volunteers)

Please note that all of the above LMIA exemptions will require a work permit.

Unfortunately, the Ministerial Instructions do not recognize offers extended to those who have been working in Canada for at least one year on an open work permit (such as a Post-Graduation Work Permit) or those authorized to work without a work permit (such as applicants under a Clergy Visa).

Additionally, your job offer must meet the following requirements:

• be in writing
• not be from an embassy, high commission or consulate in Canada, and
• provide details of the job, such as:
  • your pay and deductions
  • your job duties
  • conditions of employment, such as hours of work.

It is important to remember that a work permit on its own is not a job offer, even if it is an employer specific work permit. Furthermore, the requirements for a qualifying offer of employment under the Federal Skilled Workers Class and Canadian Experience Class are different from those under the Federal Skilled Trades Class.

If you have questions about the eligibility of your offer of arranged employment for additional points under express entry immigration programs or you have any other questions, please feel free to contact our office or complete our online assessment questionnaire: On-line Assessment Questionnaire.