Can I claim CRS points for a job offer in my Express Entry application?
Do you need help with your immigration application or want to consult with a lawyer about your immigration file?
One area where I consistently notice people making a mistake is on their Express Entry profile and in their electronic Application for Permanent Residence (eAPR) when answering the IRCC question “Do you have a job offer in Canada?”
Not all job offers will support CRS points
Make sure to read the question carefully and understand that this is not just any job offer from a Canadian employer. To properly answer yes, you must be able to claim points for a qualifying offer of arranged employment under section 29(2) of the Ministerial Instructions Respecting the Express Entry System.
How many points are at stake?
Section 29 says a foreign national may be assigned 200 CRS points if they have a qualifying offer of arranged employment in a NOC 00 job in the National Occupation Classification (NOC). It is not possible to get 200 CRS points unless your job starts with a 00 NOC code and you can prove that you are a senior manager in one of those NOCs.
A foreign national may be assigned 50 CRS points if they have a qualifying offer of arranged employment in any other qualifying job (currently, another high skilled job under NOC 0, A or B which will soon be TEER 0, TEER 1, TEER 2 and TEER 3). Most people will only qualify for 50 CRS points if they properly claim a qualifying offer of arranged employment.
Why must you be sure that you are correct when you claim points for a job offer?
Beware of mistakenly claiming points for a job offer in your EE profile. If you are wrong, and you do not meet the definition, then your CRS will be reduced by 200 or 50 points (depending on whether you claimed a NOC 00 job or any other high skilled NOC). Practically speaking, if you made a mistake and think you have an extra 50 points and you get an ITA, if you do not actually have a qualifying offer of arranged employment, then your eAPR will be refused, you will lose the processing fees you paid to IRCC, you will lose your EE profile in the pool, you will have wasted precious time, and you might be at risk of IRCC alleging that you misrepresented. Also, if you make a mistake in claiming a “job offer” in your EE Profile, it might affect both your minimum eligibility and your CRS points.
Which laws apply?
Section 29(2)(a) of the Ministerial Instructions references regulation 82(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227. Keep in mind that regulation 82 describes “arranged employment” and arranged employment points that are given under the selection grid when determining if a person has the minimum eligibility requirements to qualify for Express Entry. You need to meet the definition in Regulation 82(1) of the IRPR and the definition in section 29(2) of the Ministerial Instructions.
Regulation 82(1) was just recently amended and now reads:
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 subparagraph 200(3)(h)(ii) or (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.
Section 29(2) of the Ministerial Instructions deals with foreign nationals in 3 separate scenarios. People may fall under the Federal Skilled Worker (FSW) program or the Canadian Experience Class (CEC).
Section 29(2(b) of the Ministerial Instructions references foreign nationals under the Federal Skilled Trades (FST) program.
Who can claim points for a “Qualifying Offer of Arranged Employment?”
IRCC provides a plain language interpretation of preconditions required under Regulation 82(1) before you can properly claim offer of employment points. Read the requirements carefully. Job offers are only considered valid if they:
are made by an employer who is not an embassy and not on the list of ineligible employers,
is for continuous, paid, full-time (at least 30 hours/week), non seasonal work in a high skilled NOC, and
the employer writes a new arranged employment job offer wherein they specify that they intend to continue to hire you for one year after you get permanent residency (PR).
Here is a summary of the three scenarios described in section 29(2) of the Ministerial Instructions. Only people who meet the preconditions above AND who also fall in one of these three scenarios can claim that they have a job offer for their EE profile [but make sure to book a consultation to ensure you are correct in your interpretation].
SCENARIO 1: The qualifying offer of arranged employment is made by a Canadian employer who has obtained a new positive LMIA that approves the job and confirms the wage, working conditions, and place of work and that names you and your position on the LMIA.
SCENARIO 2: You are already working in Canada in an LMIA based employer specific work permit in a high skilled job (NOC 0, A, or B under NOC 2016 or TEER 0,1,2,3 in the new NOC 2021) AND you are working for the employer listed on your current work permit AND you are authorized to work on the day you apply for PR (eAPR under EE) and on the day you are landed as a PR (CoPR is signed) AND the employer gives you an arranged employment letter confirming they intend to employ you for at least a year after your PR.
SCENARIO 3: You are currently working in Canada on an LMIA exempt but employer specific work permit under the IMP (for example, a work permit under the Francophone Mobility Program or ICT or Free Trade Agreement) AND you are working for the employer listed on your current work permit AND you have one year equivalent full-time (or equal amount of part-time) work for the same employer on your work permit who is making the offer AND you have a valid job offer from that employer for at least a year after your PR.
The Federal Court has confirmed that, in Scenario 3, a person must have a valid work permit and must have an offer by an employer who is specified on the work permit
Scenario 3 causes the most problems for applicants. For example, people think that an open work permit like a Post-Graduation Work Permit (PGWP) issued under Regulation 205(c)(ii) or an open work permit for clergy under Regulation 205(d) of IRPA can support the job offer arranged employment points for Express Entry but the Courts have held this is not correct.
In the case of Oladimeji v. Canada (Citizenship and Immigration), 2022 FC 183 (CanLII), the applicant was a pastor who submitted an Express Entry application and claimed 50 arranged employment points. IRCC refused his application, saying that he did not qualify for the 50 arranged employment points. The applicant sought reconsideration twice and was unsuccessful and then he sought a Judicial Review at Federal Court. He was also unsuccessful at Federal Court. Mr. Justice McHaffie stated, at paragraph 28-31:
[28] Importantly, under section 29 of the Ministerial Instructions, points are awarded not for any arranged employment, but for a “qualifying offer of arranged employment.” What makes an offer a “qualifying offer” for the purposes of the section is set out specifically in subsection 29(2). It states that to qualify under subparagraph 29(2)(a)(iii), an applicant must have:
an “arranged employment” as defined in subsection 82(1);
a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the IRPR;
an offer made by an employer who is specified on the work permit; and
accumulated at least one year of full-time work experience, or the equivalent in part-time work, in Canada for that employer and still work for that employer.
… [31] In any event, however, even if Mr. Oladimeji did have a work permit issued under section 205, he did not have an offer made by an employer who is specified on the work permit. He therefore did not meet the requirements of section 29 and the officer’s conclusion that he did not qualify for permanent residence under this program was reasonable.
It is therefore very important to ensure that you are correctly claiming job offer points for arranged employment when you have LMIA exempt work permits or you risk getting your Express Entry application refused.
How do I correctly fill out the Intended Work in Canada sections in my Application/profile details in my EE application?
We help make sure that you have answered and are answering all the questions properly regarding whether or not you have a job offer and whether you can claim points for a qualifying offer of arranged employment. Please book a consultation to get specific legal advice.
What if I incorrectly claimed points for a job offer and received an ITA?
Keep in mind that all Invitations to Apply (ITA) letters say this:
If your new score is lower than the minimum points score in the round of invitation from which you were invited to apply, you should consider declining this invitation to apply. You should also consider declining this invitation to apply if you no longer meet the minimum criteria for Express Entry.
WARNING: If you decide to apply in the above cases, your application may be refused and your application fee will not be returned.
Some examples of changes which could result in a lower points score include:
You no longer have a valid job offer
Make sure to book a consultation with one of our Canadian Immigration Lawyers right away to discuss your situation and your options if you have mistakenly claimed points for a job offer or if you have lost your job. You may need to decline your ITA or notify IRCC of a material change in circumstances and you may need to figure out how to maintain valid status while you build up enough points for EE in the future.