How a Job Offer In Canada Can Lead to Permanent Residence

planIn the last few years, there’s been a shift in the immigration system towards favoring those individuals with either work experience or a job offer when granting permanent residence.

In this post, I’ll discuss how a job offer in Canada can offer you a few routes to obtaining permanent residence.

Any kind of job offer won’t do you any good. You need a job offer that has received positive labour market opinion (LMO). What’s that you ask? It’s a job offer that your employer must submit not to CIC, but to a different government department – Employment and Social Development Canada (ESDC).

Your employer will have to advertise the position in Canada for a certain period of time (depending on the position), then apply to ESDC showing it is difficult or impossible to find a Canadian to do the job.

A positive LMO will confirm that there are no Canadians who can do the job. Without a positive LMO, the job offer is of no value to you as a potential immigrant.

Once your employer has the LMO, you can use it in a variety of ways to obtain permanent residence.

1. Federal Skilled Worker Program

You may know that generally, the federal skilled worker program is only open to certain occupations and is capped at a total of 5,000 applications, with a cap of 300 for each occupation.

However, if you have an offer of employment (along with the LMO), this cap does not apply to you, and the occupation list does not apply to you either.  You only need a job offer in an occupation in the National Occupational  Classification A, B or O skill levels (along with meeting the other requirements of the program).

This is a great way to get around the restricted occupations and caps in the skilled worker program.

2. Canadian Experience Class

With an LMO job offer, you can apply for a work permit.  After working in Canada for 12 months in and NOC A, B or O skill level job full-time (or equivalent), you can apply for permanent residence through the Canadian Experience Class category, with a few exceptions.

And unlike the federal skilled worker program, it is not based on a points system, but a “pass fail” system which is generally much easier to qualify under.

3. Provincial Nominee Programs

Let’s say your employer couldn’t get a positive LMO – is all hope lost?

Of course not.

Many provincial nominee programs will evaluate job offers from employers to determine if they meet a need in the province.  The provincial criteria are different than the federal criteria, so an unsuccessful LMO could be a successful job offer application through a provincial program.

If accepted by the province, you can apply for permanent residence as a provincial nominee, and bypass the skilled worker and LMO processes.

I’ll discuss the details of some provincial programs in a future post.

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Thanks for reading!

 

 

About the author

Gianpaolo Panusa Gianpaolo Panusa is a Canadian immigration lawyer, writer, and founder of the PanCanadian Immigration Law Group based in Vancouver, Canada. Google+ Profile