Is an LMIA needed?

Old Apr 19th 2021, 10:13 pm
  #1  
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Default Is an LMIA needed?

Hi Everyone,
I've tried to do as much digging as I can but I feel that I'm going in circles with the government websites and I haven't been able to find anything on here that relates to my situation.

I came to Canada on an IEC in January 2020 with my boyfriend who came on a visitor's visa (he needed to come with me so that we could prove our common-law relationship and then get an open work permit).

I've been working since February 2020 started as an Administrative Assistant (NOC 1241) and once we had all the evidence we needed, we put in an application for his SOWP. Due to the pandemic and all the delays, he ended up getting this in October 2020. The company I work for has since offered me a full-time, permanent position, with a job promotion as a Project Co-Ordinator (NOC 0711). When we put our EE application in, it didn't seem to recognise that I have a valid job offer, so we now have 50 less points that what we were expecting.

I didn't need an LMIA for the previous role I did as it was exempt due to being on my open work permit but as I'm still employed by the same company, I believe my new job offer falls under the exempt job section. Am I incorrect in thinking this? Will I need to get an LMIA for this role?

I'm aware of the 6 new streams the government has opened but unfortunately my job isn't on the list. Fingers crossed they lower the threshold again.

Thank you in advance.
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Old Apr 19th 2021, 11:33 pm
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Default Re: Is an LMIA needed?

I believe you might need an LMIA to make it a valid job offer - but wait until others can confirm
https://www.canada.ca/en/immigration...mployment.html

Federal Skilled Workers and Canadian Experience Class

A valid job offer has to be:
  • made by one employer
  • continuous
  • paid
  • full-time (at least 30 hours a week)
  • not seasonal
  • for at least one year after we issue your permanent resident visa
  • in a job that is NOC:
    • Skill Type 0 or
    • Skill Levels A or B
It also must be made :
  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:....
or

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
(I'm not sure if there is a work around using this: https://www.canada.ca/en/immigration...ia-exempt.html)
Calling @christmasoompa and @Snowy !

Last edited by Siouxie; Apr 19th 2021 at 11:38 pm.
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