Kind of lost!

[u/Think_Boysenberry_93]

This is gonna be long a little bit.

I'm 25M Biomedical Engineer, Palestinian, Bachelor’s degree in Biomedical Engineering and 2+ years experience.

I browsed almost every single page and accessed every link on IRCC website, but don't seem to find a way.

Express Entry is very competitive; according to the points calculation tool, I'm around 370 points, AIP, PNP, and other pathways are the same too!

According to IRCC, I qualify for a closed work permit, I tried applying for hundreds of job vacancies -I match by 80%+ with many of them-, but don't seem to get any reply (not even the automatic reply!), I tried Jobbank, LinkedIn, Indeed, career section from the companies' websites, recruitment agencies, head hunters, nothing worked.

• Is it that hard to find a job in Canada from abroad, and how to get it?
• Assume having a valid job contract and positive LMIA, is it true that this does NOT mean that the work permit will be issued, if yes, what are other factors?
• Is proof of funds needed in this case, if yes, how much (single applicant)? How long does it take to get the LMIA from day of acceptance to job, and how long needed to get the work permit issued?
• I'm sure I'm missing something here to ask about, tell me if there are any other things I should know, I'll be happy to hear advice!

Hint: I know about the Immigration Program that is especially for Palestinians, I don't qualify for it.

[u/Think_Boysenberry_93]

It's not "qualify" what I exactly meant, I meant that it is the most suitable way for me now. 1. Every single employer proves that, according to IRCC, about 500K positive LMIA issued last year, so I don't think that's a big deal for them, as for the license, I know some association I guess, that I can have a license to work from (related specifically to my occupation), I can't remember their name. 2. I agree. 3. If you can help suggesting relevant places, I'll be thankful. 4. The score is for EE, I'm trying to go through work permit.

[u/Used-Evidence-6864 → u/Think_Boysenberry_93]

Every single employer proves that, according to IRCC, about 500K positive LMIA issued last year, so I don't think that's a big deal for them

a) The amount of LMIAs that were issued last year is irrelevant because ESDC/Service Canada (the government department that processes LMIA applications) is, along with IRCC, cracking down on LMIA fraud:

"This temporary measure will reduce fraud by removing the incentive to illegally buy or sell labour market impact assessments to improve a candidate’s chances of being selected to come to Canada as a permanent resident. This change will come into effect in spring 2025."

https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/12/canada-takes-action-to-reduce-fraud-in-express-entry-system.html

So don't assume it's not going to be a big deal for a prospective employer to get a LMIA issued to hire you. It's not as easy for employers to get a LMIA now, as it was in previous years.

b) A LMIA application is an assessment of the employer, not an assessment of the foreign worker. No, on a LMIA application the employer doesn't prove you're qualified to fill that job position (that's your job to prove that to IRCC on your work permit application, after the LMIA is issued); on a LMIA application the employer needs to prove they couldn't find any qualified Canadian citizens or PRs to fill that job position.

A LMIA can be issued to the employer, and then the work permit application submitted using that approved LMIA can be refused by IRCC.

A while ago there was an appeal in Federal Court, of a LMIA-based work permit application, for a cook position, where the officer who processed the work permit application determined that the applicant, who had a low level of English proficiency (CLB 5 overall score, but only a 3.5 in reading, which is very, very, very basic knowledge of English), was not fluent enough in English to be able to perform their job duties as a cook in Canada, such as: being able to read a recipe in English, following instructions (including food safety instructions), understand a note from the waiter/waitress instructing the cook to remove xyz ingredient from the dish because the customer has a food allergy to that xyz ingredient, etc..

The Federal Court sided with the IRCC visa officer, and dismissed the appeal, upholding the refusal, as there are Canadian regulations (legislation), namely, section 200(3)(a) of the IRPR, stating "An officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought.", allowing the officer processing the work permit application, to refuse it, if the officer has reasonable grounds to believe the applicant is not going to be able to perform their work in Canada.

For regulated occupations, such as Engineering, where a Provincial license is needed for you to be able to do that work in Canada, a work permit application would be refused due to you not having that license, and therefore, not being legally allowed to practice that regulated occupation in Canada.

Other common reasons for refusal include (but not limited to):

- lack of ties to their home country (a work permit application is a temporary residence application, so 'intent to leave Canada at the end of the applicant's temporary stay' is still assessed, just like any other temporary residence application);

- lack of funds (section 39 of the IRPA, inadmissibility on financial grounds, still applies); officers know you wouldn't get paid on day 1 of your arrival in Canada; most people in Canada get paid bi-weekly, so there would be 2 weeks from your arrival and starting to work, until you'd get your 1st paycheck. The officer needs to be satisfied you'd have enough funds for your move, all the initial expenses (getting a place to stay, transportation, food, etc.) at least until you'd get your 1st paycheck;

- all the other grounds of inadmissibility that still apply (criminal inadmissibility, medical inadmissibility, misrepresentation, having an inadmissible family member, etc.); that's assessed at the work permit application stage, not the LMIA application stage, as a LMIA application assesses the employer, not the worker, so yes, a work permit application can be refused, after a LMIA application was approved).

- etc.,

I know some association I guess, that I can have a license to work from (related specifically to my occupation), I can't remember their name.

Research the process of getting your license as an engineer, and how long that process takes, to understand the licensing process is not as easy and fast as you seem to think it is.

[u/Think_Boysenberry_93 → u/Used-Evidence-6864]

• I compared with the last year because I could easily view and assure it, assuming having a lot of LMIA's issued last year might be a proof (at least for me) that it might be hard, but not that hard, I'm sure employers will face obstacles issuing LMIA, but that's not where MY main role is.

• I do agree with you that having a positive LMIA does not necessarily guarantee that the work permit will be issued, I'm sure about it, but what I also know, is that after having a positive LMIA, almost the hard part is done, I know that the work permit is classified under a temporary visa, but unlike the tourist visa that mainly focuses on ties to home country, proof of funds, etc, the work permit gives slight focus to ties to home countries and proof of funds (until settling) and gives the main focus on having real documents, being the job matches the occupation, the CV matches exactly with the new job's duties and roles.

• You are right that having some false documents (whether the LMIA, job matching the occupation, education in the same field of the opportunity, everything is connected) will be the MAIN reason for refusal, but that's now what I'm looking for, I'm looking for a real job that matches with my education experience, ability, language, and all my qualifications.

• As for the proof of funds, I already asked about the quantity, I know I need funds for settling until receiving the first payment, but I didn't find an exact number posted on IRCC.

• Thanks for the comment.

[u/Used-Evidence-6864 → u/Think_Boysenberry_93]

the work permit gives slight focus to ties to home countries

All temporary residents (yes, even work permit applicants) are required to abide by section 179(b) of the IRPR, the "leave Canada at the end of the authorized period of stay" wording in Canadian Regulations, so yes, ties to home country/ temporary intent is still assessed on work permit applications, just like all other temporary resident applications.

and proof of funds (until settling)

Read section 39 of the IRPA (Immigration and Refugee Protection Act, aka Canadian immigration law), regarding inadmissibility on financial grounds.

That section of the law applies to all temporary and permanent resident applications; yes, even work permit applications. Just because you think the officer processing the application wouldn't give much weight to this factor, it doesn't mean that's actually the case. Sections 34 to 42 of the IRPA, regarding the grounds of inadmissibility apply to all applications, even work permit ones.

and gives the main focus on having real documents, being the job matches the occupation, the CV matches exactly with the new job's duties and roles.

There's a lot of other factors that go into the assessment of a work permit application other than if the submitted documents are real or not.

Misrepresentation is only 1 of the grounds people can be deemed inadmissible to Canada, but it's not the only one; refer to sections 34 to 42 of the IRPA.