Arranged Employment | Meurrens Law
Regulation 82 of the Immigration and Refugee Protection Regulations, SOR/2002-227 states:
82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.
Arranged employment (10 points)
(2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and
(a) the skilled worker is in Canada and holds a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and
(i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to the skilled worker’s employment with their current employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,
(ii) the skilled worker is working for an employer specified on the work permit, and
(iii) that employer has offered arranged employment to the skilled worker;
(b) the skilled worker is in Canada and holds a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and
(i) the skilled worker is working for an employer specified on the work permit,
(ii) that employer has offered an arranged employment to the skilled worker, and
(iii) the skilled worker has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;
(c) the skilled worker does not hold a valid work permit, is not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and
(i) an employer has offered arranged employment to the skilled worker, and
(ii) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of the employer or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met; or
(d) on the date on which their application for a permanent resident visa is made and on the date on which the visa is issued, the skilled worker holds a valid work permit or is authorized to work in Canada under section 186 and
(i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply,
(ii) the circumstances referred to in paragraph (b) do not apply, and
(iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.
In essence, a valid job offer has to be:
- made by one employer;
- 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 National Occupation Classification (“NOC”) Skill Type 0 or Skill Level A or B:
It can be supported by a Labour Market Impact Assessment. In the non Labour Market Impact Assessment context, the Immigration, Refugees and Citizenship Canada (“IRCC”) website states that the following must apply:
- 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:
- you’re working for an employer listed on your work permit
- you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
- your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident 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
- have one year of full-time work experience (or an equal amount of part-time work) for that employer
- have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Below are some internal IRCC questions and answers on the interpretation of the above.
Please note that what I have reproduced below should not be viewed as legal advice. The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.
Question – May 28, 2013
Could you please confirm if the intra-company work permit holders in Canada can be considered to have arranged employment under the new rules (as of May 4th 2013) and could submit a FSW application based on the fact they hold ICT work permit and have an indeterminate job offer from the same employer.
Answer – May 28, 2013
Intra-company transferees in Canada who hold a valid work permit which is exempt from the Labour Market Opinion (LMO) requirement under R204(a), are working for an employer specified on the work permit and have a qualifying offer of arranged employment from the same employer are eligible to apply under the arranged employment stream under the Federal Skilled Worker Program under the new rules which came into effect on May 4, 2013 [R82(2)(b)].
All other intra-company transferees who hold a valid work permit which is LMO-exempt under R205 would also be eligible to apply provided they had a qualifying offer of arranged employment from their prospective employer, and that employer had obtained a positive LMO [R82(2)(d)].
Candidate on an open work permit for a Canadian employer in a NOC 0, A or B position and has worked for one year for the employer. Switched over to an LMIA work permit in the same position and same employer.
Is the candidate eligible for the 50-200 points immediately upon switching to the closed work permit or must the candidate wait for 1 year of work on that closed work permit before being eligible for the 50 points?
Candidate on an LMIA-exempt, employer specific work permit in NOC 0 for one year. Employer signs an offer letter for the candidate offering him/her a position in a NOC 00 level upon receipt of Permanent Residence status. Without having worked in the NOC 00 position for one year for the same employer, is the candidate eligible to receive 200 points for arranged employment? Assuming they meet the qualifications for the NOC 00 job offer and have the relevant experience, can they get 200 points based on a job offer for a NOC 00 position, while currently working in a closed work permit in a NOC O?
Question 4 – In Express Entry if an applicant loses their job offer after applying do they lose their 200 Arranged Employment points?
Question 5 – Looking for clarification on the section below from the EE MI. Specifically, the wording “at least one year of full-time work experience… over a continuous period of work in Canada for that employer.” If a person works continuosly for an employer in Canada (say over 2 years), however takes frequent business trips (for that Canadian employer) outside canada, will the work accumulated still be considered a “continuous period of work” irrspective of trips taken outside Canada?
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