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Can i change my position and raise in salary with same closed work permit?

kumarv

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May 22, 2014
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Can someone help me, if it's ok to change my position and get a salary hike, while on a closed work permit, with the same employer and same job duties ?
 

ksn4u

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Yes.... anyways Your Job reference letter will tell your latest pay/package and job title and ur pay stubs support that so it should not be a problem...
 

kumarv

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May 22, 2014
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ksn4u said:
Yes.... anyways Your Job reference letter will tell your latest pay/package and job title and ur pay stubs support that so it should not be a problem...
Thanks for replying.. I was concerned, as my reference letter shows a higher salary (latest one) whereas my T4 of last year shows lesser amount as my salary was raised during mid last year and i got the raised salary only for half part of the year... So, there is a difference of amlost 6k in my T4 and employment reference letter....
 

jes_ON

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kumarv said:
Can someone help me, if it's ok to change my position and get a salary hike, while on a closed work permit, with the same employer and same job duties ?
Getting a raise is not a problem, that's a good thing! (Earning less than what the LMO says is a problem).

As for the "change in position," if it's the same job duties, then how is it a change of position?

If it is truly a change of position, then you need a new LMIA and a new work permit before you change jobs (even with the same employer).
 

ZingyDNA

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jes_ON said:
As for the "change in position," if it's the same job duties, then how is it a change of position?
You can go from a position to a senior type of the same position, like from accountant to senior accountant, your job duties remain the same but job title is not?

Obviously if you get a managerial position, like from accountant to account manager, your job duties will change...
 

kumarv

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May 22, 2014
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ZingyDNA said:
You can go from a position to a senior type of the same position, like from accountant to senior accountant, your job duties remain the same but job title is not?

Obviously if you get a managerial position, like from accountant to account manager, your job duties will change...
Second that fron ZingyDNA.... Sometimes like in my case, the job title is changed but the job duties remain the same... For the same NOC code, different companies have different job titles, and even within the same company they have more than one for same NOC.. For ex: Software Developer, Application Developer, Application Analyst. All of them have the same duties of 2174 NOC..
 

jes_ON

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kumarv said:
Second that fron ZingyDNA.... Sometimes like in my case, the job title is changed but the job duties remain the same... For the same NOC code, different companies have different job titles, and even within the same company they have more than one for same NOC.. For ex: Software Developer, Application Developer, Application Analyst. All of them have the same duties of 2174 NOC..
You're providing hypotheticals and not specifics of your situation, so it's not really possible to determine if it is valid in your situation. And a job with the same NOC is not necessarily the same job. But if it is literally just a job title change and a raise, and your employer is willing to state that in the Letter of Employment, then you should have no problems.

But if you're talking yourself into skipping an annoying and difficult step that could later could cause problems, then, you might want to rethink that.
 

gur1122

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Jul 27, 2015
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jes_ON said:
You're providing hypotheticals and not specifics of your situation, so it's not really possible to determine if it is valid in your situation. And a job with the same NOC is not necessarily the same job. But if it is literally just a job title change and a raise, and your employer is willing to state that in the Letter of Employment, then you should have no problems.

But if you're talking yourself into skipping an annoying and difficult step that could later could cause problems, then, you might want to rethink that.
Hi Jes,

I am having a similiar issues right now. Can you please help me out, what would be best in this case??

I got ITA under the FSW category and while I am going to check the upload docs page, its asking me for the "OFFER OF EMPLOYMENT", the issue is: in my express entry profile, I have stated my work experience as 2172 (DATA ANALYST) as that was the position I was hired by my company initially. Then I was offered a permanent position and my job title was changed to SYSTEMS ANALYST (2171), however throughout these years, my duties, roles have remain the same and they fall under the 2172 category.

While the offer of employment, my company provided me, the title is "SYSTEMS ANALYST", I am really confused and scared now on what to do? Do you think if my manager/director writes a letter of explanation with the OFFER LETTER, saying that since the duties have been the same on both contracting and permanent position, my work experience should be counted under 2172, as that is the appropriate category to define my current job role?

any suggestions on this would help a great deal at the moment, thanks in advance!!
 

jes_ON

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gur1122 said:
I got ITA under the FSW category and while I am going to check the upload docs page, its asking me for the "OFFER OF EMPLOYMENT", the issue is: in my express entry profile, I have stated my work experience as 2172 (DATA ANALYST) as that was the position I was hired by my company initially. Then I was offered a permanent position and my job title was changed to SYSTEMS ANALYST (2171), however throughout these years, my duties, roles have remain the same and they fall under the 2172 category.

While the offer of employment, my company provided me, the title is "SYSTEMS ANALYST", I am really confused and scared now on what to do? Do you think if my manager/director writes a letter of explanation with the OFFER LETTER, saying that since the duties have been the same on both contracting and permanent position, my work experience should be counted under 2172, as that is the appropriate category to define my current job role?

any suggestions on this would help a great deal at the moment, thanks in advance!!
Again, without knowing the job duties, it's impossible to give you a definitive response. You also don't say if you have an LMO/LMIA, or what NOC is on the LMIA. Your NOC is ALWAYS ALWAYS ALWAYS determined by your job duties and responsiibilties, not your job title. So it really doesn't matter what your job title is, just as long as it is reasonably consistent with your job duties (that is, you don't want to be a "systems analyst" with the duties of a clerk).

Shocking, I know, but applicants have been known to try to play the system. They have changed positions but didn't get the LMIA when they should have, so now try to falsely claim the new job title didn't really change their duties. Because their employer could be in trouble too, sometimes the employer will play along. It's not impossible that the VO could be a little suspicious.

But in the world of IT, esp. for those of us who are not in it, the related NOCs overlap a bit. NOCs are inexact, and in the past there would not have been too much concern over confusion between NOC 2121~2172, as both are clearly skilled and share some skills. Hard to say under the current system, tho.
 

gur1122

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Jul 27, 2015
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jes_ON said:
Again, without knowing the job duties, it's impossible to give you a definitive response. You also don't say if you have an LMO/LMIA, or what NOC is on the LMIA. Your NOC is ALWAYS ALWAYS ALWAYS determined by your job duties and responsiibilties, not your job title. So it really doesn't matter what your job title is, just as long as it is reasonably consistent with your job duties (that is, you don't want to be a "systems analyst" with the duties of a clerk).

Shocking, I know, but applicants have been known to try to play the system. They have changed positions but didn't get the LMIA when they should have, so now try to falsely claim the new job title didn't really change their duties. Because their employer could be in trouble too, sometimes the employer will play along. It's not impossible that the VO could be a little suspicious.

But in the world of IT, esp. for those of us who are not in it, the related NOCs overlap a bit. NOCs are inexact, and in the past there would not have been too much concern over confusion between NOC 2121~2172, as both are clearly skilled and share some skills. Hard to say under the current system, tho.
Hi Jes,

Thanks for the response. I am working on an open work permit and do not need LMIA/LMO for this. So, I can typically work for any employer. As for the duties, they clearly fall under the 2172 category even though when I got promoted, as per company uses the terms to categorize their analyst, they gave me the title of SYSTEMS ANALYST. I want to be truthful based on the duties I have been performing with the company (as they are the same ever since the company hired me as Junior Data Analyst).

so based on this situation, what if I submit the offer letter as is and have my Manager /Director provide a LOE stating the discrepancy in the titles and confirming that duties are the same and they fall under NOC-2172 ? do you think thats somehting which would be convincing to CIC , as long as I am being honest?

Thank you again!! much appreciated
 

jes_ON

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gur1122 said:
Thanks for the response. I am working on an open work permit and do not need LMIA/LMO for this.

Then there is no concern about working without authorization (e.g. performing a job for which there is no LMIA).


As for the duties, they clearly fall under the 2172 category even though when I got promoted, as per company uses the terms to categorize their analyst, they gave me the title of SYSTEMS ANALYST. I want to be truthful based on the duties I have been performing with the company (as they are the same ever since the company hired me as Junior Data Analyst).

so based on this situation, what if I submit the offer letter as is and have my Manager /Director provide a LOE stating the discrepancy in the titles and confirming that duties are the same and they fall under NOC-2172 ? do you think thats somehting which would be convincing to CIC , as long as I am being honest?

The Letter of employment simply needs to describe the employment details, I fail to see any "discrepancy."

"Mr. X was initially employed from DATE to DATE on a term contract, under the title of Junior Data Analyst, working XX hours per week, with a salary/wage of xxxxxx. "

Effective DATE, Mr. X has become a permanent full-time employee, working under the title of Systems Analyst, at XX horus per week, with a salary of XXXXXX.

Mr. X was responsibile ofr the same duties under both positions, which are best classified under NOC 2172:

LIST OF DUTIES AND RESPONSIBILTIES...
 

gur1122

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Jul 27, 2015
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Hi Jes,

thats correct. Yea I can get the LETTER OF EMPLOYMENT the way you described. However, on my OFFER OF EMPLOYMENT (which is another document required by CIC providing them the details of the job including the salary and benefits), the title would remain as "SYSTEMS ANALYST", but I guess a LOE from Manager/Director would cover that part as well (pretty much stating the same thing they would say in the letter of employment). Do you think that's fine, to maintain the consistency in both the documents?

thanks so much for your response, its very helpful!
 

jes_ON

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gur1122 said:
Hi Jes,

thats correct. Yea I can get the LETTER OF EMPLOYMENT the way you described. However, on my OFFER OF EMPLOYMENT (which is another document required by CIC providing them the details of the job including the salary and benefits), the title would remain as "SYSTEMS ANALYST", but I guess a LOE from Manager/Director would cover that part as well (pretty much stating the same thing they would say in the letter of employment). Do you think that's fine, to maintain the consistency in both the documents?
Just to be clear - you do not have a valid job offer (since you do not have an LMIA), but CIC is requesting the job offer letter anyway?

I'm still confused about why the job title seems to be an issue. It doesn't matter (as long as it is truthful).
 

gur1122

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Jul 27, 2015
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jes_ON said:
Just to be clear - you do not have a valid job offer (since you do not have an LMIA), but CIC is requesting the job offer letter anyway?

I'm still confused about why the job title seems to be an issue. It doesn't matter (as long as it is truthful).
yes I know its the most bizzare thing. I do have a permanent job based on my open work permit. I come under the category (work permit required no LMIA required". Still the CIC Portal document checklist is asking me for 3 things related to current job (EMPLOYMENT RECORDS, LETTER OF EMPLOYMENT, OFFER OF EMPLOYMENT).

Sorry if I did not clarify this earlier, its kind of confusing process.
 

jes_ON

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gur1122 said:
yes I know its the most bizzare thing. I do have a permanent job based on my open work permit. I come under the category (work permit required no LMIA required". Still the CIC Portal document checklist is asking me for 3 things related to current job (EMPLOYMENT RECORDS, LETTER OF EMPLOYMENT, OFFER OF EMPLOYMENT).
Ah, well, give 'em what they ask for. Just use your actual job offer letters, and the Letter of Employment should have a recent date at the top, and document your experience with the company. Don't worry so much about the title.