A common mistake people make on their Express Entry profile and in their electronic Application for Permanent Residence (eAPR) is when answering the question from IRCC: “Do you have a job offer in Canada?” It’s important to understand that not all job offers qualify for CRS points.
Make sure to carefully read the question, as it refers specifically to a job offer that qualifies for points under Section 29(2) of the Ministerial Instructions Respecting the Express Entry System.
How Many CRS Points Can You Earn for a Job Offer?
Under Section 29, a foreign national can receive 200 CRS points for a valid job offer in a National Occupation Classification (NOC) 00 position. This is reserved for senior management roles, and only those holding a NOC 00 job can claim these points.
For other high-skilled roles, including jobs under NOC 0, A, or B (or TEER 0, 1, 2, 3 under NOC 2021), candidates can earn 50 CRS points if they have a valid job offer. Most individuals will only qualify for the 50 points if they meet the criteria for arranged employment.
Why Is Accuracy Important When Claiming Job Offer Points?
It’s crucial to be accurate when claiming job offer points in your EE profile. If you mistakenly claim points for a job that doesn’t meet the criteria, your CRS score will be reduced by 200 or 50 points depending on the job type. This mistake can result in the refusal of your eAPR, loss of your IRCC processing fees, removal from the Express Entry pool, and potential allegations of misrepresentation. Misstating a job offer may also affect your minimum eligibility for Express Entry.
What Regulations Apply to Job Offers in Express Entry?
Section 29(2)(a) of the Ministerial Instructions refers to Regulation 82(1) of the Immigration and Refugee Protection Regulations (IRPR), which outlines the conditions for arranged employment. To qualify for Express Entry, you need to meet both the criteria of Regulation 82(1) and Section 29(2) of the Ministerial Instructions.
Regulation 82(1) was recently amended to define arranged employment as an offer of full-time work (for a minimum of one year after obtaining permanent residency) in a NOC 0, A, or B occupation.
Who Qualifies for Arranged Employment Points in Canada?
To claim job offer points, the offer must meet specific criteria:
- The employer cannot be an embassy and must not be on the ineligible employer list.
- The job must be continuous, paid, full-time, non-seasonal, and high-skilled.
- The employer must provide a written job offer stating they intend to employ you for at least one year after you gain permanent residency.
Valid Job Offers Under Section 29(2)
Here are three scenarios under Section 29(2) of the Ministerial Instructions where job offers are considered valid:
- Scenario 1: A Canadian employer has obtained a new positive LMIA, naming you in the LMIA and confirming the wage, work conditions, and position.
- Scenario 2: You are already working in Canada under an LMIA-based, employer-specific work permit for a high-skilled job (NOC 0, A, or B) and are authorized to work while applying for permanent residency. The employer must confirm their intention to employ you for at least one year after you become a permanent resident.
- Scenario 3: You are working under an LMIA-exempt, employer-specific work permit (e.g., Francophone Mobility, ICT, or Free Trade Agreement) and have accumulated at least one year of work experience with that employer. The employer must offer continued employment for at least a year after you receive permanent residency.
It’s important to note that open work permits, such as the Post-Graduation Work Permit (PGWP), do not qualify for arranged employment points under Express Entry. This was confirmed in the Federal Court ruling of Oladimeji v. Canada (Citizenship and Immigration), 2022 FC 183 (CanLII), where the applicant’s claim for points based on a PGWP was denied.
How Do I Fill Out the Intended Work in Canada Sections Correctly?
Make sure all information regarding your job offer is accurate in your Express Entry profile and eAPR to avoid issues.
What If I Mistakenly Claimed Job Offer Points and Received an ITA?
If your CRS score drops below the minimum cutoff after recalculating, or if you no longer meet the eligibility requirements, consider declining the invitation to apply (ITA). Misstating your job offer could lead to refusal, loss of your application fees, and wasted time. If you have questions or need assistance, consult a Canadian immigration lawyer to discuss your options and ensure you meet all necessary criteria.
