Job Offer/LMIA in different NOC

[aditya_01]

Hi there,

I wanted to know if I could work in a different NOC than the one I have experience in. I have 3 years of foreign work experience in NOC 2171(Quality Assurance). I have applied for the position of Marketing Manager in a business in BC. Although I only have experience in the field working as a freelancer, the employer said that I have high chances of getting the job.

- Is it possible to work under a different NOC?
- I have an EE profile in the pool. Getting this job offer boosts my score 50 points up and totals to 488.
- Would I need to opt for PNP in this case, or I could immigrate through EE?

Looking forward to replies.

Thanks!

 

[Naturgrl]

1. Yes
2. What is the NOC? You don’t get 50 points until the employer has a positive LMIA & you get a closed work permit. This process will take at least 8 months unless under GTS. then you work for a year then you claim the points.
3. Not sure about BC PNP & stream you are eligible from. You can immigrate through EE.

 

[aditya_01]

1. Yes
2. What is the NOC? You don’t get 50 points until the employer has a positive LMIA & you get a closed work permit. This process will take at least 8 months unless under GTS. then you work for a year then you claim the points.
3. Not sure about BC PNP & stream you are eligible from. You can immigrate through EE.

I see. The NOC is 0124 (Advertising, marketing, and public relations managers)- Skill level A.

So, if I have a job offer and a positive LMIA, is it mandatory to apply for an employer-specific work permit? Can I not immigrate through EE directly with the job being my arranged employment? While calculating the CRS, without the job offer it is 438, but with it is 488.

If I have the offer and the LMIA, can I not update those in my EE profile and claim the respective points?

I'm just confused as to how does the whole job offer/LMIA-work permit-PR fiasco works.

 

[Naturgrl]

Has your employer filed the LMIA? To do so they have to complete a market assessment and prove there is no Canadian to do the job. They have to show why hiring you will allow them to expand and grow their business. If the LMIA is filed then processing can be 6 or more months. If positive, the letter has to state that you will be employed a year after receiving PR. After this if you update your profile and wait for an invitation then you wait another 6+ months for COPR. Is the employer willing to wait over a year or more for you to arrive and will the government approve a LMIA for a position that "no Canadian can do" for at least a year?

Look at BC PNP not through Express Entry but it is paper based and can take even longer. If you don't have an approved work permit it could be a long time before the position is filled.

 

[scylla]

I see. The NOC is 0124 (Advertising, marketing, and public relations managers)- Skill level A.

So, if I have a job offer and a positive LMIA, is it mandatory to apply for an employer-specific work permit? Can I not immigrate through EE directly with the job being my arranged employment? While calculating the CRS, without the job offer it is 438, but with it is 488.

If I have the offer and the LMIA, can I not update those in my EE profile and claim the respective points?

I'm just confused as to how does the whole job offer/LMIA-work permit-PR fiasco works.

It's not mandatory to apply for an employer specific work permit. You can use the LMIA and job offer to get the 50 additional points for Express Entry only. You do not have to apply for a work permit as well.

 

[aditya_01]

It's not mandatory to apply for an employer specific work permit. You can use the LMIA and job offer to get the 50 additional points for Express Entry only. You do not have to apply for a work permit as well.

Thanks! That's what I wanted to know.

Following up, when I update the job offer and LMIA on my Express Entry profile, I get 50 points which increases my CRS from 438 to 488. Would this mean that I would have a chance of receiving an ITA in the consecutive draw? Provided that the cut-off is less than 488.

Just for your information, I am not in Canada. I am applying from India. Does all of this still hold true?

 

[scylla]

Thanks! That's what I wanted to know.

Following up, when I update the job offer and LMIA on my Express Entry profile, I get 50 points which increases my CRS from 438 to 488. Would this mean that I would have a chance of receiving an ITA in the consecutive draw? Provided that the cut-off is less than 488.

Just for your information, I am not in Canada. I am applying from India. Does all of this still hold true?

Yes, once you have a job offer and approved LMIA, then, you can update your EE profile and get ITA in the next draw.

Note that the LMIA process typically takes at least six months. You'll want to make sure your employer in Canada is familiar with the process and willing to go through all of the steps and the expense.

Last but not least, make sure any job you are pursuing is real and not a scam. There are many many scams out there unfortunately.

 

[aditya_01]

Yes, once you have a job offer and approved LMIA, then, you can update your EE profile and get ITA in the next draw.

Note that the LMIA process typically takes at least six months. You'll want to make sure your employer in Canada is familiar with the process and willing to go through all of the steps and the expense.

Last but not least, make sure any job you are pursuing is real and not a scam. There are many many scams out there unfortunately.

Got it! That's good to know.

I didn't know it takes at least 6 months for the LMIA process. Here it shows 51 business days for high-wage jobs. But that's an average across Canada tho.
However, the job in question can be managed remotely for the time being.

Thanks for the heads up. I'm aware of the fraud activities happening. The employer is actually someone my family has known for a long time. So the legitimacy is nothing to worry about. He's agreed to go through the process and the expenses.

 

[scylla]

Got it! That's good to know.

I didn't know it takes at least 6 months for the LMIA process. Here it shows 51 business days for high-wage jobs. But that's an average across Canada tho.
However, the job in question can be managed remotely for the time being.

Thanks for the heads up. I'm aware of the fraud activities happening. The employer is actually someone my family has known for a long time. So the legitimacy is nothing to worry about. He's agreed to go through the process and the expenses.

It's possible you may get through in two months, however we are seeing a lot of people wait much longer these days.

Also keep in mind that your employer has to advertise your job per the LMIA advertising requirements for at least one month before submitting the LMIA application. Chances are extremely high that the advertising your employer has done so far doesn't meet these requirements and that your employer will have to re-advertise your job for another month. Make sure they read through the LMIA requirements in detail. Failing to meet the advertising requirements results in rejection.

 

[aditya_01]

It's possible you may get through in two months, however we are seeing a lot of people wait much longer these days.

Also keep in mind that your employer has to advertise your job per the LMIA advertising requirements for at least one month before submitting the LMIA application. Chances are extremely high that the advertising your employer has done so far doesn't meet these requirements and that your employer will have to re-advertise your job for another month. Make sure they read through the LMIA requirements in detail. Failing to meet the advertising requirements results in rejection.

I wouldn't mind waiting a little longer. But nothing like getting through in a couple of months

About the advertising, yes. He's been doing it for about a month I guess. But I don't think it was advertised in at least three different mediums, with the Job Bank being one of them, as per the guidelines. He's going to re-advertise for over a month again before putting in an application. I, on my end, am also reading through the requirements to be aware of the entire process.

 

[scylla]

Got it! That's good to know.

I didn't know it takes at least 6 months for the LMIA process. Here it shows 51 business days for high-wage jobs. But that's an average across Canada tho.
However, the job in question can be managed remotely for the time being.

Thanks for the heads up. I'm aware of the fraud activities happening. The employer is actually someone my family has known for a long time. So the legitimacy is nothing to worry about. He's agreed to go through the process and the expenses.

Also, I assume you are already aware that the employer will need to prove why they need to hire you for this role vs. a Canadian. This might be a bit tricky if your work experience in this field is limited / freelance. Your employer will need to convince the government why experienced marketing professionals already in Canada were not selected for the role. Again, suggest your employer read through the LMIA details very carefully.

 

[aditya_01]

Also, I assume you are already aware that the employer will need to prove why they need to hire you for this role vs. a Canadian. This might be a bit tricky if your work experience in this field is limited / freelance. Your employer will need to convince the government why experienced marketing professionals already in Canada were not selected for the role. Again, suggest your employer read through the LMIA details very carefully.

That's something I'm concerned about. Yes, I'll suggest him to go through all the requirements thoroughly. I guess there'd be a way around.
Hoping for a positive outcome. Specifically, a positive LMIA.

Thanks a lot for taking your time out and answering the questions. Really appreciate it.

 

[scylla]

That's something I'm concerned about. Yes, I'll suggest him to go through all the requirements thoroughly. I guess there'd be a way around.
Hoping for a positive outcome. Specifically, a positive LMIA.

Thanks a lot for taking your time out and answering the questions. Really appreciate it.

The way around it is that your employer needs to prove recruitment efforts and prove that no one could be found for the role in Canada. He needs to show that he met the advertising requirements, explain who applied and why they weren't considered for the role. Additionally, I think he will need to explain why he is hiring you if your experience in the field is limited. I would say you should assume this is far from a slam dunk, especially given much higher than normal unemployment rates right now due to COVID-19.

 

[aditya_01]

The way around it is that your employer needs to prove recruitment efforts and prove that no one could be found for the role in Canada. He needs to show that he met the advertising requirements, explain who applied and why they weren't considered for the role. Additionally, I think he will need to explain why he is hiring you if your experience in the field is limited. I would say you should assume this is far from a slam dunk, especially given much higher than normal unemployment rates right now due to COVID-19.

Yeah, I totally get it. The chances of actually getting through sure look slim. I'd let him advertise for the said time, put an application, and see what happens.

 

[aditya_01]

The way around it is that your employer needs to prove recruitment efforts and prove that no one could be found for the role in Canada. He needs to show that he met the advertising requirements, explain who applied and why they weren't considered for the role. Additionally, I think he will need to explain why he is hiring you if your experience in the field is limited. I would say you should assume this is far from a slam dunk, especially given much higher than normal unemployment rates right now due to COVID-19.

Hey! What are your thoughts on open work permit? Could I apply for it? Since it doesn't require an LMIA. I would still have a job offer.