Can I claim a job offer in my Express Entry application? *Updated post March 25, 2025

Sep 4

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?”

Most job offer points removed

IRCC removed CRS points for Job Offers on March 25, 2025 by repealing s. 29(1) of the Ministerial Instructions Respecting the Express Entry System. However, s.29(2) of the Ministerial Instructions still exists, and the Immigration and Refugee Protection Regulations (IRPR) were not changed regarding job offers and there is still value in carefully answering the Express Entry profile questions that relate to a job offer because of potential eligibility under the Federal Skilled Worker (FSW) Program, the Federal Skilled Trades (FST) Program, and for some Express Entry linked Provincial Nomination Programs (PNP).

How many points disappeared?

To properly answer yes to having a job offer from a Canadian employer before March 25, 2025, you had to 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. Section 29(1) said a foreign national may be assigned 200 CRS points if they had a qualifying offer of arranged employment in NOC 00 jobs in the National Occupation Classification (NOC). It was not possible to get 200 CRS points unless your job started with a 00 NOC code and you could prove that you were a senior manager in one of those NOCs.

Before March 25, 2025, a foreign national might have received 50 CRS points under s.29(1) if they had a qualifying offer of arranged employment in any other qualifying job (another high-skilled job under TEER 0, TEER 1, TEER 2 and TEER 3).

Why must you be sure that you are correct when you claim a job offer after March 25, 2025?

Why did IRCC not simply remove everything having to do with job offers in the EE profile? The answer is that a job offer can still give 15 selection factor points under FSW or make someone eligible for FST or a particular PNP and it might exempt you from proving settlement funds.

Note: only true employment situations can usually be “job offers” under Express Entry. If you are an independent contractor or self-employed, you must list this in your work history and you must be very careful about claiming you have a job offer in your profile. If you mistakenly claim that you have a job offer in your EE profile and you are wrong, and you do not meet the definition, then you may not qualify for FSW or FST or the PNP.

Federal Skilled Workers pass mark

FSW candidates must meet the pass mark of 67/100 points on the selection factor grid and if you make a mistake in claiming a “job offer” in your EE Profile, you may have accidentally assumed you have 15 more points than you actually do. Under s.82 of the IRPR, there are a potential 15 selection factor points for a qualifying offer of arranged employment (10 points) plus adaptability for arranged employment (5 points out of a possible 10 points in this category).

Specifically for Medical Professionals

Canada has a temporary public policy in place from April 25, 2023 to allow three NOC categories of medical professionals to be able to claim arranged employment when they normally would not be able to. Applicants would have to have an offer of employment issued by a provincial or territorial government, a government agency, a government appointed agency or a health care-providing organization to provide publicly funded medical services. The public policy also allows them to potentially qualify for the Canadian Experience Class if they were self-employed in Canada (under a fee for service or contractual arrangement). Only medical professionals in three specific NOCs can benefit from this public policy: the applicant must be a specialist in clinical and laboratory medicine (NOC 31100), specialist in surgery (NOC 31101) or general practitioner and family physician (NOC 31102). Be careful if you are a medical professional in a different NOC. Please book a consult and we can discuss your Express Entry profile.

Federal Skilled Trades

Federal Skilled Trades workers who cannot properly prove “an offer of employment” that meets the specific requirements of regulation 87.2(3)(d) of the Immigration and Refugee Protection Regulations would have to instead have a certificate of qualification in their trade or they will not be eligible for FSW.

AIP and PNPs

The Atlantic Immigration Program also has a specific definition for “an offer of employment” under IRPR 87.3(6). In addition, many PNP programs require applicants to have a Canadian employer and a valid job offer.

If you have a “job offer” you might be exempt from proving settlement funds

Another big reason you must be correct in how you answer the Express Entry questions about job offers is that certain applicants are exempted from having to prove settlement funds if they have a valid offer of arranged employment and hold a work permit. You do not want to rely on this exemption from proving settlement funds unless you are sure you have all the requirements of a “job offer” in this context. A FSW applicant who proves they have been properly awarded selection factor points for arranged employment under regulation 82 of the IRPR does not have to provide settlement funds because of regulation 76(1)(b)(ii) or IRPR. Also, FST applicants who can show they meet regulation 87.2(3)(d) eligibility are exempt from settlement funds under regulation 87.2(5) of the IRPR.

Being wrong wastes time and money

Practically speaking, if you made a mistake by claiming you had a job offer when you did not and you get an ITA, if you do not actually have a qualifying offer of arranged employment, then your eAPR could be refused, you would lose the processing fees you paid to IRCC, you would 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. Misrepresentation carries a 5 year bar to Canada.

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) reads:

Regulation 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 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 under the selection factors. 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.

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 (TEER 0,1,2,3 in 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.

Important:
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 CRS arranged employment points. IRCC refused his application, saying that he did not qualify for the 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 in Federal Court. Mr. Justice McHaffie stated, in paragraphs 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.

The reasoning in the case should still apply to interpretation of s.29(2) when it comes to selection factor points. It is, therefore, essential to ensure that you correctly claim 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. Please consider retaining us to provide you with legal assistance in your Express Entry journey.

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 invitations 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

What if I lose my job or can no longer work?

If you lose your job, you will lose the qualifying offer of arranged employment benefits under Express Entry. Keep in mind that Ministerial Instruction 29(3) specifically says: “If the offer is revoked or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the offer is no longer a qualifying offer of arranged employment.”

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 or possibly return home while you build up enough points for EE in the future.

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