Federal skilled workers selection criteria: Arranged employment – Awarding points for applications received on or after May 4, 2013

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

As per subsection 82(2) of the Immigration and Refugee Protection Regulations, up to 10 points will be awarded to an applicant for arranged employment if they are able to perform and are likely to accept and carry out the employment, and meet the requirements for a valid offer of employment. The requirements to be awarded points for a valid offer of employment depend on the applicant’s circumstances, and are summarized in the instructions below.

The applicant must submit the necessary documentation specified in the document checklist to substantiate that they have a valid offer of employment. This must include a letter of offer from the employer in Canada with the following details:

  • expected start date,
  • commitment that the applicant will be employed on a continuous, paid, full-time work,
  • for work that is for at least one year after issuance of a permanent resident visa,
  • job title,
  • duties and responsibilities,
  • current job status (if current job),
  • number of work hours per week, and
  • annual salary plus benefits.

Note: No points shall be awarded for arranged employment if the employer making the offer is an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs R200(3)(h)(i) to (iii).

Arranged employment types for which 10 points are awarded

Applications received on or before December 31, 2014 (pre-Express Entry)

Arranged employment under paragraph R82(2)(a)

The applicant is currently working in Canada on a work permit that was issued based on a positive Labour Market Impact Assessment (LMIA) with respect to employment in an occupation listed under skill type 0 or skill level A or B of the National Occupational Classification (NOC), and

  • the work permit is valid at the time the application for permanent residence is made;
  • the applicant is currently working for an employer specified on the work permit;
  • the current employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 skill type 0 or skill level A or B occupation in Canada, once a permanent resident visa, if any, is issued.

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186, at the time the permanent resident visa, if any, is issued. Their work permit must have been issued on the basis of a named LMIA (whether individual or bulk) and the job offer need only be from one of the employers who obtained the LMIA, if it was issued to more than one employer.

Arranged employment under paragraph R82(2)(b)

The applicant is currently working in Canada under a work permit that was issued

  • in an LMIA-exempt category under the North America Free Trade Agreement (NAFTA), the General Agreement on Trade and Services (GATS), or the Canada–Chile Free Trade Agreement [i.e., pursuant to paragraph R204(a)]; or
  • in respect of a federal‑provincial or territorial agreement [i.e., pursuant to paragraph R204(c)].

Note: Officers should extend this LMIA exemption to GATS intra-company transferees whose work permit was issued under paragraph R205(a) with LMIA exemption code C12.

The following requirements must also be met:

  • the work permit is valid at the time the application for permanent residence is made;
  • the applicant is currently working for an employer specified on the work permit; and
  • the current employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 skill type 0 or skill level A or B occupation in Canada, once a permanent resident visa, if any, is issued.

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186, at the time the permanent resident visa, if any, is issued.

Arranged employment under paragraph R82(2)(c)

The applicant does not hold a valid work permit and is not authorized to work in Canada under section R186 on the date the application for permanent residence is made, and

  • a prospective employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 skill type 0 or skill level A or B occupation in Canada if the permanent resident visa, if any, is issued; and
  • the offer of employment has been approved by an officer based on a positive LMIA.

Note: The LMIA must be valid on the date the application is received by the CIO or submitted under Express Entry. If the LMIA is not valid, the application will be assessed as having no LMIA.

Arranged employment under paragraph R82(2)(d)

The applicant holds a valid work permit or is authorized to work in Canada under section R186, and

  • the circumstances referred to in subparagraphs R82(2)(a)(ii) and (iii) and paragraph R82(2)(b) do not apply (e.g., the applicant has an offer of employment from an employer other than the one for whom they are currently working), or they are currently working in a job in an LMIA-exempt category other than those outlined in paragraph R82(2)(b) (e.g., the applicant currently holds an open work permit);
  • the work permit or authorization to work under section R186 is valid at the time the application for permanent residence is made;
  • a prospective employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 skill type 0 or skill level A or B occupation in Canada if the permanent resident visa, if any, is issued;
  • the offer of employment has been approved by an officer based on a positive LMIA.

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186 at the time the permanent resident visa, if any, is issued. In addition, the LMIA must be valid on the date the application is received by the CIO or submitted under Express Entry. If the LMIA is not valid, the application will be assessed as having no LMIA.

Applications received on or after January 1, 2015 (Express Entry)

Arranged employment under paragraph R82(2)(a)

The applicant is currently working in Canada on a work permit that was issued based on a positive Labour Market Impact Assessment (LMIA) with respect to employment in an occupation listed under skill type 0 or skill level A or B of the National Occupational Classification (NOC), and

  • the work permit is valid at the time the application for permanent residence is made;
  • the applicant is currently working for an employer specified on the work permit;
  • the current employer has made an offer to employ the applicant for a duration of at least one year after the date on which a permanent resident visa is issued, in an occupation that is listed in Skill Type 0, A or B of the National Occupational Classification matrix.

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186, on the date which their application for a permanent resident visa is made and, on the date on which the permanent resident visa, if any, is issued. Their work permit must have been issued on the basis of a named LMIA (whether individual or bulk) and the job offer need only be from one of the employers who obtained the LMIA, if it was issued to more than one employer.

Arranged employment under paragraph R82(2)(b)

The applicant is currently working in Canada under a work permit that was issued

  • in an LMIA-exempt category covered by an international agreement like the North American Free Trade Agreement (NAFTA) or General Agreement on Trade in Services (GATS) , and non-trade agreements. This can include professionals, traders and investors [i.e., pursuant to paragraph R204(a)]; or
  • in an LMIA-exempt category covered by an agreement between Canada and a province or territory. This includes “significant investment” projects [i.e., pursuant to paragraph R204(c)].; or exempt for “Canadian interests” reasons (only those whose work permits state an employer):
    1. “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
      1. general: Self-employed engineers, technical workers, creative and performing artists, etc.
      2. workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
      3. workers under Mobilité francophone
    2. reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
      1. general (such as professional coaches and athletes working for Canadian teams)
      2. International Experience Canada – a work abroad program for youth and young professionals
      3. people in exchange programs like professors and visiting lecturers
    3. designated by the Minister
      1. academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
      2. competitiveness and public policy
        • medical residents and fellows
        • post-doctoral fellows and people who have won academic awards from Canadian schools
        • people who have post-graduate work permits that are employer-specific
    4. Charity and religious work (does not count volunteers)

[i.e., pursuant to paragraph R205]

The following requirements must also be met:

  • the applicant 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;
  • the applicant is currently working for an employer specified on the work permit; and
  • the current employer has made an offer to employ the applicant for a duration of at least one year after the date on which a permanent resident visa is issued, in an occupation that is listed in Skill Type 0, A or B of the National Occupational Classification matrix .

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186, on the date which their application for a permanent resident visa is made and, on the date on which the permanent resident visa, if any, is issued.

Arranged employment under paragraph R82(2)(c)

The applicant does not hold a valid work permit and is not authorized to work in Canada under section R186 on the date the application for permanent residence is made, and

  • a prospective employer has made an offer to employ the applicant for a duration of at least one year after the date on which a permanent resident visa is issued, in an occupation that is listed in Skill Type 0, A or B of the National Occupational Classification matrix ; and
  • the offer of employment has been approved by an officer based on a positive LMIA.

Note: The LMIA must be valid on the date the application is received by the CIO or submitted under Express Entry. If the LMIA is not valid, the application will be assessed as having no LMIA.

Arranged employment under paragraph R82(2)(d)

The applicant holds a valid work permit or is authorized to work in Canada under section R186, and

  • the circumstances referred to in subparagraphs R82(2)(a)(ii) and (iii) and paragraph R82(2)(b) do not apply (e.g., the applicant has an offer of employment from an employer other than the one for whom they are currently working), or they are currently working in a job in an LMIA-exempt category other than those outlined in paragraph R82(2)(b) (e.g., the applicant currently holds an open work permit);
  • the work permit or authorization to work under section R186 is valid at the time the application for permanent residence is made;
  • the circumstances referred to in subparagraphs R82(c)(i) and (ii) apply (e.g., a prospective employer has made an offer to employ the applicant for a duration of at least one year after the date on which a permanent resident visa is issued, in an occupation that is listed in Skill Type 0, A or B of the National Occupational Classification matrix; and the offer of employment has been approved by an officer based on a positive LMIA .

Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186 at the time the permanent resident visa, if any, is issued. In addition, the LMIA must be valid on the date the application is received by the CIO or submitted under Express Entry. If the LMIA is not valid, the application will be assessed as having no LMIA.

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