PR Support with LMIA (With or Without a Work Permit)

 

Introduction

Securing Canadian Permanent Residence (PR) often involves proving your ability to integrate economically. A job offer from a Canadian employer, especially one supported by a positive Labour Market Impact Assessment (LMIA), can play a significant role in achieving this goal.

While LMIAs are often associated with hiring temporary foreign workers, they can also provide a substantial advantage in PR applications, particularly within the Express Entry system. A valid LMIA-backed job offer could greatly enhance your chances of success.

At Waymark Immigration, based in Delta, BC, we specialize in helping Canadian employers secure LMIAs and assisting skilled professionals in leveraging LMIA-supported job offers to achieve their PR aspirations. This guide explains the critical role an LMIA plays in your journey to becoming a permanent resident.

What is an LMIA?

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC). It confirms that hiring a foreign worker for a specific role will not negatively impact the Canadian labor market—essentially verifying that no qualified Canadian citizen or permanent resident is available to fill the position.

How LMIA Impacts PR Applications: Express Entry Points

An LMIA can significantly enhance your PR application by boosting your Comprehensive Ranking System (CRS) score under Canada's Express Entry system. Express Entry manages applications for three key economic immigration programs:

• Federal Skilled Worker Program (FSWP)
• Federal Skilled Trades Program (FSTP)
• Canadian Experience Class (CEC)

Express Entry candidates are ranked using the CRS. A "valid job offer" from a Canadian employer, supported by a positive LMIA, awards significant CRS points, improving your ranking and increasing the likelihood of receiving an Invitation to Apply (ITA) for permanent residence.

Note: Most job offers must be supported by a positive LMIA to be considered "valid" for CRS points under Express Entry.

• CRS Points: A valid job offer in a TEER 1, 2, or 3 occupation supported by an LMIA typically adds 50 points to your CRS score.
• CRS Points (Senior Management): A valid job offer in a TEER 0 (Major Group 00) occupation backed by an LMIA typically adds 200 points to your CRS score.

These additional points can make a critical difference in receiving an ITA.

Applying for PR While Working with an LMIA-Based Work Permit

This is a common pathway for temporary foreign workers already employed in Canada.

• Your Situation: You are currently employed in Canada under a work permit issued based on a positive LMIA.
• The PR Advantage:
  • You are gaining valuable Canadian work experience, which earns CRS points and may qualify you for the Canadian Experience Class (CEC).
  • Your LMIA-supported job offer (if still valid) can provide an additional 50 or 200 CRS points, depending on the role.
  • This combination often places candidates in a highly competitive position within the Express Entry pool.

PR Applications with an LMIA-Supported Job Offer (Not Currently Working on the Job)

You can still use an LMIA-backed job offer to gain CRS points, even if you’re not currently working in Canada under that specific LMIA. This applies to:

• Applying from Abroad: A Canadian employer identifies you as a candidate, obtains a positive LMIA for your role, and offers you a formal job offer. You can then claim CRS points for the LMIA-supported offer while residing outside of Canada.
• Applying from Within Canada (Different Status): You might be in Canada as a visitor, student, or on an expired LMIA-based work permit but maintain valid temporary status. If a Canadian employer provides a new job offer supported by a valid LMIA, you can claim CRS points.

Key Consideration: For PR points, the job offer must meet specific Express Entry criteria, such as duration, wage, skill level, and being supported by a valid LMIA specific to the position and candidate.

Important Considerations

• LMIA Validity: LMIAs are usually valid for a specific period (typically up to 18 months)—ensure the LMIA is valid when claiming PR points.
• Job Offer Requirements: The job offer must meet Express Entry criteria, including being full-time, non-seasonal, and for at least one year after PR is granted.
• LMIA Types: Some LMIAs are designed to support PR applications ("dual intent"), while others are for temporary work permits.
• LMIA Exemptions: Certain job offers may qualify for CRS points without an LMIA under specific conditions, such as intra-company transfers or jobs under international agreements. Rules for LMIA-exempt offers vary.

How Waymark Immigration Can Help

Successfully navigating LMIA applications and utilizing them for permanent residence requires precision and expertise. Waymark Immigration offers end-to-end support for both employers and candidates:

• For Employers: We assist businesses in Delta, BC, and beyond with the complete LMIA process, from meeting advertising requirements to demonstrating labor market need and completing forms accurately.
• For Candidates: We evaluate your profile, guide you on the best PR pathways, ensure your LMIA-backed job offer is properly utilized in your Express Entry profile or PR application, and manage the process from start to finish.

Whether you're an employer looking to hire global talent or a skilled worker with an LMIA-supported offer, Waymark Immigration is your trusted partner in achieving your Canadian immigration goals. Contact us today for a consultation!