Federal skilled workers selection criteria: Arranged employment
This section contains policy, procedures and guidance used by IRCC 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 for continuous, paid, full-time work
- for work that is for at least 1 year after a permanent resident visa is issued
- job title
- duties and responsibilities
- current job status (if current job)
- number of work hours per week
- 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 either
- 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 [meaning pursuant to paragraph R204(a)]
- in respect of a federal‑provincial or territorial agreement [meaning 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
- 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
- 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 Centralized Intake Office (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 (for example, 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 between January 1, 2015, and November 15, 2022 (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 LMIA with respect to employment in an occupation listed under skill type 0 or skill level A or B of the 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 1 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 NOC 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 either
- in an LMIA-exempt category covered by an international agreement like the NAFTA or GATS and non-trade agreements. This can include professionals, traders and investors [meaning pursuant to paragraph R204(a)]
- in an LMIA-exempt category covered by an agreement between Canada and a province or territory. This includes “significant investment” projects [meaning pursuant to paragraph R204(c)]. or exempt for “Canadian interests” reasons (only those whose work permits state an employer).
- “Significant benefit”: If your employer can prove you will bring an important social, cultural or economic benefit to Canada. This can include
- general (self-employed engineers, technical workers, creative and performing artists, etc.)
- workers transferred within a company (intra-company transferees with specialized knowledge)—only those that will benefit Canada with their skills and experience
- workers under Mobilité francophone
- Reciprocal employment: Lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries.
- General (such as professional coaches and athletes working for Canadian teams)
- International Experience Canada (except employer-specific permits)—a work abroad program for youth and young professionals
- People in exchange programs like professors and visiting lecturers
- Designated by the Minister
- Academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
- 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-graduation work permits that are employer-specific
- Charity and religious work (does not count volunteers) [pursuant to paragraph R205]
- “Significant benefit”: If your employer can prove you will bring an important social, cultural or economic benefit to Canada. This can include
The following requirements must also be met:
- the applicant has accumulated at least 1 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
- the current employer has made an offer to employ the applicant for a duration of at least 1 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 NOC 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 1 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 NOC matrix
- 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 (for example, 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) (for example, 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 (for example, a prospective employer has made an offer to employ the applicant for a duration of at least 1 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 NOC 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.
Applications received on or after November 16, 2022
Arranged employment – Transition to NOC 2021
Officers shall remain facilitative during the transition period. If the application was submitted under NOC 2021 and the offer of arranged employment continues to list a NOC 2016 code, the offer of arranged employment remains valid as long as
- it meets all other requirements of the particular type of arranged employment
- the NOC 2016 code listed in the offer falls in a Training, Education, Experience and Responsibilities (TEER) category eligible for the economic immigration program under which the applicant is applying
The NOC 2016 code may be listed under any of the following:
- the job offer letter from the employer
- the Labour Market Impact Assessment (LMIA) (if applicable)
- the work permit issued in an eligible LMIA-exempt category (if applicable)
Given specific occupation descriptions and classifications will be shifting with the adoption of NOC 2021, officers are required to determine whether the NOC 2016 code provided on the job offer remains eligible under the economic immigration program for which the applicant is being assessed. Officers can use ESDC’s concordance table, or the Find your job title, code and TEER tool to validate this information.
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 LMIA with respect to employment in an occupation listed under TEER 0, TEER 1, TEER 2, or TEER 3 of the 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 1 year after the date on which a permanent resident visa is issued, in an occupation that is listed in TEER 0, TEER 1, TEER 2, or TEER 3 of the NOC matrix
Note: The applicant must hold a valid work permit or be authorized to work in Canada under section R186, on the date on 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 1 of the employers who obtained the LMIA, if it was issued to more than 1 employer.
Arranged employment under paragraph R82(2)(b)
The applicant is currently working in Canada under a work permit that was issued in one of the following categories:
- an LMIA-exempt category covered by an international agreement like the NAFTA or the GATS and non-trade agreements
- This can include professionals, traders and investors [pursuant to paragraph R204(a)]
- an LMIA-exempt category covered by an agreement between Canada and a province or territory
- This includes “significant investment” projects [pursuant to paragraph R204(c)] or exempt for “Canadian interests” reasons (only those whose work permits state an employer).
- Significant benefit: If your employer can prove you will bring an important social, cultural or economic benefit to Canada. This can include:
- general (self-employed engineers, technical workers, creative and performing artists, etc.)
- workers transferred within a company (intra-company transferees with specialized knowledge)—only those that will benefit Canada with their skills and experience
- workers under Mobilité francophone
- Reciprocal employment: Lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries.
- General (such as professional coaches and athletes working for Canadian teams)
- International Experience Canada (except employer-specific permits)—a work abroad program for youth and young professionals
- People in exchange programs like professors and visiting lecturers
- Designated by the Minister
- Academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
- 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-graduation work permits that are employer-specific
- Charity and religious work (does not count volunteers) [pursuant to paragraph R205]
The following requirements must also be met:
- the applicant has accumulated at least 1 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
- the current employer has made an offer to employ the applicant for a duration of at least 1 year after the date on which a permanent resident visa is issued, in an occupation that is listed in TEER 0, TEER 1, TEER 2, or TEER 3 of the NOC 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 1 year after the date on which a permanent resident visa is issued, in an occupation that is listed in TEER 0, TEER 1, TEER 2, or TEER 3 of the NOC matrix
- 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
- For example, 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).
- For example, the applicant currently holds an open work permit.
- For example, 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).
- 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 and the offer of employment has been approved by an officer based on a positive LMIA
- For example, a prospective employer has made an offer to employ the applicant for a duration of at least 1 year after the date on which a permanent resident visa is issued, in an occupation that is listed in TEER 0, TEER 1, TEER 2, or TEER 3 of the NOC matrix.
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 from physicians invited to apply on or after April 25, 2023
Assessing arranged employment in the context of the Temporary public policy to facilitate the issuance of permanent resident visas for physicians providing publicly funded medical services in Canada
Employee vs. self-employed: Assessing the “offer of employment” for arranged employment points under R82 and Express Entry MI29
For the purposes of assessing the offer of employment in the context of this public policy, the foreign national physician must be
- a specialist physician (NOC 3111) or a general practitioner (NOC 3112) under NOC 2016 or
- a specialist in clinical and laboratory medicine (NOC 31100), a specialist in surgery (NOC 31101) or a general practitioner and family physician (NOC 31102) under NOC 2021
Despite the physician’s employment status of “self-employed,” an offer of employment must be issued by one of the following:
- a provincial or territorial government
- a government agency
- a government-appointed agency, for example
- a regional health authority
- a health care service delivery entity managed by government-appointed members who oversee hospitals, long-term care facilities, home care and public health services
- a provincial ministry or department responsible for health care, children and/or family development, correctional services
- an organization providing health care, for example, a hospital or medical clinic
The physician must provide evidence of one of the following:
- an offer of employment
- a letter of conditional offer
- an approved opportunity
- a contract for services
For the purposes of assessing the “offer of employment” in the context of this public policy, the “employer” is the organization or entity that has issued this evidence and that is listed on the employer-specific work permit and/or the labour market impact assessment (LMIA) provided to the officer by Employment and Social Development Canada (ESDC), where applicable.
Arranged employment types
Foreign national physicians eligible under this public policy are subject to all other applicable statutory eligibility requirements that are not otherwise exempted, including the requirement to possess one of the following:
- a new positive LMIA
- a work permit that was issued based on a positive LMIA
- a valid work permit that is exempt from needing an LMIA
The requirements to be awarded points for a valid offer of employment for physicians are more facilitative under this temporary public policy because the evidence provided by the foreign national physician does not need to expressly include
- the expected start date
- the commitment that the applicant will be employed full-time
- the current job status (if current job)
- the number of work hours per week
- the annual salary plus benefits
Note: Officers should be satisfied that the offer of employment is valid if ESDC has not cancelled the LMIA or if the foreign national received a previous approval for an eligible work permit that is exempt from needing an LMIA, as applicable.
While the arranged employment should be for full-time work, the “offer of employment” to the foreign national physician does not explicitly need to state that the position is full time. The officer may be satisfied with, for example, the applicant’s own declaration that, on the balance of probabilities, the physician will be working the required number of hours.
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