Last updated on February 13th, 2019

Last Updated on February 13, 2019 by Steven Meurrens

The following are two e-mail exchanges between immigration representative and Immigration, Refugees and Citizenship Canada (“IRCC”) regarding arranged employment.  The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment.  As well, Arranged Employment can result in betwee.

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

Hello,

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)].

The second questions are:

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?

AND

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?

FSWP