BC PNP and Express Entry NOC question

[chrishelms]

Hey guys,

I hope somebody can help me with this...

My work permit states NOC 5222 (Camera and Video Operators) but I work as a Director of Photography which is NOC 5131. Both occupations are different skill levels, A vs B.
In the Express Entry application it asks for my current job NOC where I selected
5131
further down it asks what NOC my work permit is listed under which is
5222

Now I heard that CIC can decline you because you are working in a job that requires a different skill level than your work permit states. My job requires me to be more skilled than a video operator.
Do you guys think I should do the whole application still as 5222 even though my job description is closer to 5131?

 

[SnakePlissken]

Hi Chris,

You should mention the NOC mentioned on your work permit i.e. 5222. Putting any other NOC would be deemed as misrepresentation of facts and could lead to your application being dismissed.

Maybe if possible, before you put in your Express Entry application, try to re-apply for a work permit through your employer, siting change of conditions. (this time stating the right job description for a DoP)

Cheers!

 

[chrishelms]

hey snake,

thanks for you reply! I'd love to re-apply for a work permit but I can't get another temporary work permit. now my only chance to keep working is the PR application. I wonder if I should write a cover letter with my application?

Since under NOC 5222 it states that a career path would be NOC 5131 I hope that they won't turn this into a major issue. The worst would be if they say I work in Canada illegally. I just don't understand why my work permit states NOC 5222. In my work permit application last year it clearly stated that I'm a Director of Photography. If I recall correctly I didn't have to provide a NOC so could it be that they choose to make me NOC 5222 at the border when I did the flag pole?

 

[SnakePlissken]

Would need to know your situation a bit more. Have you already got your BC PNP nomination? If your are just creating an express entry profile, you should state the current NOC on your work permit. If your plan is to apply for BC PNP express entry after this, and assuming you get a nomination, it should be sufficient to get an invite to apply under express entry for permanent residence, as a provincial nomination is worth 600 points.

Now coming onto the part of skill level, A or B. Any supporting document from the employer that you would submit to CIC or BC PNP, that provides your job description, role etc. should be written based on the NOC on your current work permit i.e 5222. You would have to talk to your employer to do it this way, as this greatly simplifies things. This would mean that you will be a NOC B, but this wouldn't matter as long as you get a PNP nomination as I mentioned earlier on in, the first part of this reply.

What surprises me though, is how and why you got issued with a NOC 5222 work permit in the first place, when your job demands the tasks of a DoP? When applying for your work permit, your employer would definitely need to mention the appropriate NOC, unless they had pre-approved LMO based work permits for NOC 5222 and didn't want to go through the hassles of getting one for a 5131.

 

[SnakePlissken]

Sorry, missed the 2nd part of your previous reply. Just saw that after I hit the submit button to my earlier reply .

So did you originally have a job offer stating that you are hired for the services of a DoP? This makes me wonder if you are allowed to go back to the border again to rectify the NOC Code on your work permit to 5131. This is ideally called a change in condition on the work permit, but considering it was the fault of the officer there that day in issuing you the 5222 NOC, I am not so sure. Better call the CIC call center to clarify on this.

cic.gc.ca/english/contacts/call.asp

 

[chrishelms]

my company was not really involved in the process of getting a TWP. I just submitted my contract as proof. I changed my information in the EE to 5222 so it matches my work visa. I now apply as 5131 and I hope this will work. I don't really see another way of doing this at this point. thanks for your help mate!