Regulation 82 of the Immigration and Refugee Safety Laws, SOR/2002-227 states:
82 (1) On this part, organized employment means a proposal of employment that’s made by a single employer aside from an embassy, excessive fee or consulate in Canada or an employer who’s referred to in any of subparagraphs 200(3)(h)(i) to (iii), that’s for steady full-time work in Canada having a period of at the very least one yr after the date on which a everlasting resident visa is issued, and that’s in an occupation that’s listed in Ability Sort 0 Administration Occupations or Ability Stage A or B of the Nationwide Occupational Classification matrix.
Organized employment (10 factors)
(2) Ten factors shall be awarded to a talented employee for organized employment if they can carry out and are prone to settle for and perform the employment and
(a) the expert employee is in Canada and holds a piece allow that’s legitimate on the date on which their utility for a everlasting resident visa is made and, on the date on which the visa is issued, holds a legitimate work allow or is allowed to work in Canada below part 186 and
(i) the work allow was issued primarily based on a optimistic willpower made by an officer below subsection 203(1) with respect to the expert employee’s employment with their present employer in an occupation that’s listed in Ability Sort 0 Administration Occupations or Ability Stage A or B of the Nationwide Occupational Classification matrix and the evaluation by the Division of Employment and Social Growth on the idea of which the willpower was made isn’t suspended or revoked,
(ii) the expert employee is working for an employer specified on the work allow, and
(iii) that employer has supplied organized employment to the expert employee;
(b) the expert employee is in Canada and holds a piece allow that was issued below the circumstances described in paragraph 204(a) or (c) or in part 205 and is legitimate on the date on which their utility for a everlasting resident visa is made and, on the date on which the visa is issued, holds a legitimate work allow or is allowed to work in Canada below part 186 and
(i) the expert employee is working for an employer specified on the work allow,
(ii) that employer has supplied an organized employment to the expert employee, and
(iii) the expert employee has amassed at the very least one yr of full-time work expertise, or the equal in part-time work, over a steady interval of labor for that employer;
(c) the expert employee doesn’t maintain a legitimate work allow, isn’t licensed to work in Canada below part 186 on the date on which their utility for a everlasting resident visa is made and
(i) an employer has supplied organized employment to the expert employee, and
(ii) an officer has accepted the supply of employment primarily based on a legitimate evaluation — offered to the officer by the Division of Employment and Social Growth, on the identical foundation as an evaluation offered for the issuance of a piece allow, on the request of the employer or an officer — that the necessities set out in subsection 203(1) with respect to the supply have been met; or
(d) on the date on which their utility for a everlasting resident visa is made and on the date on which the visa is issued, the expert employee holds a legitimate work allow or is allowed to work in Canada below part 186 and
(i) the circumstances referred to in subparagraph (a)(ii) or (iii) don’t apply,
(ii) the circumstances referred to in paragraph (b) don’t apply, and
(iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.
In essence, a legitimate job supply needs to be:
- made by one employer;
- steady;
- paid;
- full-time (at the very least 30 hours every week);
- not seasonal;
- for at the very least one yr after we situation your everlasting resident visa
- in a job that’s Nationwide Occupation Classification (“NOC”) Ability Sort 0 or Ability Stage A or B:
It may be supported by a Labour Market Impression Evaluation. Within the non Labour Market Impression Evaluation context, the Immigration, Refugees and Citizenship Canada (“IRCC”) web site states that the next should apply:
- if you happen to’re at the moment working in Canada in a NOC 0, A or B job on a piece allow that was issued primarily based on an LMIA, and:
- you’re working for an employer listed in your work allow
- you’re licensed to work in Canada on the day you apply for a everlasting resident visa, and when the visa is issued
- your present employer made you a proposal to provide you a full-time job for at the very least one yr if you happen to’re accepted as a everlasting resident OR
- when you’ve got a legitimate work allow for a NOC 0, A or B job that’s exempt from needing an LMIA, and also you:
- are at the moment working for an employer specified on the work allow
- have one yr of full-time work expertise (or an equal quantity of part-time work) for that employer
- have a legitimate job supply from that employer for at the very least one yr after we situation your everlasting resident visa
Under are some inner IRCC questions and solutions on the interpretation of the above.
Please be aware that what I’ve reproduced under shouldn’t be considered as authorized recommendation. The copy of query and reply has not occurred with the affiliation of the Authorities of Canada, nor with the endorsement of the Authorities of Canada.
Query 1
Query – Could 28, 2013
Whats up,
Might you please affirm if the intra-company work allow holders in Canada might be thought-about to have organized employment below the brand new guidelines (as of Could 4th 2013) and will submit a FSW utility primarily based on the very fact they maintain ICT work allow and have an indeterminate job supply from the identical employer.
Reply – Could 28, 2013
Intra-company transferees in Canada who maintain a legitimate work allow which is exempt from the Labour Market Opinion (LMO) requirement below R204(a), are working for an employer specified on the work allow and have a qualifying supply of organized employment from the identical employer are eligible to use below the organized employment stream below the Federal Expert Employee Program below the brand new guidelines which got here into impact on Could 4, 2013 [R82(2)(b)].
All different intra-company transferees who maintain a legitimate work allow which is LMO-exempt below R205 would even be eligible to use offered they’d a qualifying supply of organized employment from their potential employer, and that employer had obtained a optimistic LMO [R82(2)(d)].
Query 2
Candidate on an open work allow for a Canadian employer in a NOC 0, A or B place and has labored for one yr for the employer. Converted to an LMIA work allow in the identical place and similar employer.
Is the candidate eligible for the 50-200 factors instantly upon switching to the closed work allow or should the candidate watch for 1 yr of labor on that closed work allow earlier than being eligible for the 50 factors?
AND
Candidate on an LMIA-exempt, employer particular work allow in NOC 0 for one yr. Employer indicators a proposal letter for the candidate providing him/her a place in a NOC 00 degree upon receipt of Everlasting Residence standing. With out having labored within the NOC 00 place for one yr for a similar employer, is the candidate eligible to obtain 200 factors for organized employment? Assuming they meet the {qualifications} for the NOC 00 job supply and have the related expertise, can they get 200 factors primarily based on a job supply for a NOC 00 place, whereas at the moment working in a closed work allow in a NOC O?
FSWP
Query 3
Change Employment
Query 4 – In Specific Entry if an applicant loses their job supply after making use of do they lose their 200 Organized Employment factors?
Query 5 – On the lookout for clarification on the part under from the EE MI. Particularly, the wording “at the very least one yr of full-time work expertise… over a steady interval of labor in Canada for that employer.” If an individual works continuosly for an employer in Canada (say over 2 years), nonetheless takes frequent enterprise journeys (for that Canadian employer) outdoors canada, will the work amassed nonetheless be thought-about a “steady interval of labor” irrspective of journeys taken outdoors Canada?
Query 6 – Quebec and Organized Employment
Query:
Can we use a QC primarily based employer job supply, supported by an LMIA, to depend as a job supply in Specific Entry? The employer is predicated in Quebec and the employee could be working in some other province of Canada.
Reply:
Whereas nothing precludes a candidate from claiming organized employment factors for an employer positioned in Quebec, it could increase issues for the officer assessing the applying. Officers have to be glad that the applicant doesn’t intend to reside in Quebec after they immigrate to Canada for Specific Entry applications. The onus stays on the applicant to fulfill the officer, per subsection 16(1) of the Act, that they honestly intend to reside outdoors Quebec.
Promotions and Closed Permits
AE
Query
Organized employment and steady work.
Jurisprudence
In Akhter v. Canada (Citizenship and Immigration), 2025 FC 1800, Justice Thorne held that it was affordable for IRCC to not assign organized employment factors when a job supply mentioned that it will be legitimate for tw0-years after a piece allow was issued, reasonably than everlasting residence.
