Points per job offer, LMIA exempt and Express Entry

If you are working in Canada on a LMIA-exempt work permit and are looking for an option through the Express Entry system, you should know that earning more job offer points is crucial to getting a job offer and that it all depends on the specific reason your permit is exempt from the Labour Market Impact Assessment (LMIA). Understanding the intricacies of job offer points to settle permanently in Canada can be cumbersome, but it is all a matter of knowing your own immigration case, if you know under what circumstances you got your job offer and why you waived the labour impact assessment, then you already have a point in your favor, but it is always necessary to read and inform yourself constantly so that you do not get lost in the limbo of misunderstanding or miss out on the benefits that LMIA exempt international employees have for Express Entry.

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Agreements, job offers, LMIA exempted permits and Express Entry

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The first thing to remember is that the LMIA exemption is given by international agreements, such as, for example, the Free Trade Agreement, which includes Chile, Colombia, Mexico, Panama and Peru, so if the candidate is not originally from these countries, then he/she knows that he/she cannot count on a LMIA exemption by FTA, There are also federal, provincial or territorial agreements, and this means that the employer does not need to prove to the government that hiring a foreign national will not affect the Canadians who may need the vacancy, i.e., they are exempt from submitting a labour impact assessment.

Express Entry, on the other hand, is Canada's skilled worker immigration system, which awards additional points for offers of employment; however, the rules vary depending on the reason your work permit is LMIA-exempt. For example, if your LMIA-exempt work permit was issued under an international agreement or a federal, provincial or territorial agreement, your offer of employment will be valid without the need for your current employer to obtain an LMIA. However, this exemption is specific and does not cover all LMIA-exempt cases. 

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LMIA and job offer points

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In most scenarios, Express Entry requires a Labor Market Impact Assessment (LMIA) to validate the job offer; however, there are certain jobs that do not require an LMIA, which is an advantage for skilled immigrants.

• Your employer is exempt from the LMIA requirement if:

• The employee has been working full-time for the employer with his or her LMIA-exempt work permit for at least one year (or the equivalent in part-time work).
• The applicant has a valid job offer. In this case, the specific position of physician may be mentioned, whereby the foreign physician who was invited to apply for permanent residence by Express Entry as of April 25, 2023 and filed a petition does not need LMIA. Also in the case of those who have a job offer to provide publicly funded medical services in Canada.
• Your work permit is exempt from LMIA under specific categories, such as international agreements, federal-provincial agreements or the "Canadian interests" category.

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It is important to note that, for specialized jobs, up to two employers may make a job offer and you must work for both.

• If your current temporary job is LMIA exempt and falls under categories that include:

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International agreements:

That is, jobs covered by agreements between one or more countries, such as the CUSMA (Canada-United States-Mexico Agreement) or the GATS (International Mobility Program: General Agreement on Trade in Services), this may include professionals, traders and investors. Specific professions for this agreement include: engineers, agrologists, architects, forestry professionals, geomatics professionals and surveyors. Also, there are foreign legal advisors, town planners and senior computer specialists, although there are limitations related to the entry of a certain number of specialists in the same project.

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2. Provincial agreements:

Work covered by an agreement between Canada and a province or territory. This includes projects with significant investment.

3. Canadian Interests: exemptions for reasons of Canadian interests, which include bringing significant social, cultural and economic benefits to the country. This covers a wide range of roles, from self-employed engineers to intra-company transferees, reciprocal employment scenarios and more. This category applies if your employer can demonstrate that they will bring people directly or indirectly to enrich the cultural dynamics of the area and economic movement in a significant way to the region. Interested parties would then be professionals such as freelance engineers, technical workers, creative and performing artists,

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4. Designated categories:

Designated jobs under ministry, including academics, researchers, medical residents and those in charitable or religious work.

If you want permanent residency by Express Entry and you were able to place yourself in any of these categories, then you will be able to apply for exemptions from the LMIA process for this fast-track entry system to Canada. 

It is important to note that LMIA-exempt jobs still require a valid work permit. It is best to be very familiar with the characteristics of your own job offer by checking to see if you are from a country with an international agreement, if you still have time left to complete the year of work, and if it is full time, among other criteria mentioned above. Also, be sure to review the basic requirements requested by IRCC.

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Immiland Canada's recommendations for applying for Express Entry with the exception of the LMIA

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Understanding the intricacies of the job offer points and LMIA exemptions and their connection to the Express Entry system can be cumbersome, there are many characteristics and categories, specific professions, work times, experience, etc., it is a lot of information that should be read calmly to know how many are the points that will help you succeed with Express Entry, also, it is important to keep updated with the Canadian immigration landscape on the specific rules and requirements, individuals can strategically position themselves to successfully apply for Express Entry and it all starts by making the most of your LMIA exempt work permits and the points you earn per job offer. We invite you to read our article Avoid losing points on your permanent visa application for your job offer to further expand on this topic.

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If you have any doubts about this process and would like one of our regulated consultants to advise you, please write to Info@immilandcanada.com. 

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With love,

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Immiland

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