Change of NOC 2173 on closed work permit to NOC 0013 because of promotion

[ahsan_cse2004]

Hi All,

I came here on my closed work permit(NOC 2173) in Dec 2021. My old company sponsored my work permit against a positive LMIA in Ontario. Now my old employer has been acquired by another company headquartered in Quebec. I am working here in the capacity of CTO which is NOC 0013. There has been no company change in my case and it is just an acquisition of companies.

In the last one year, my designation has changed, I got promotions/increments, and my old company which got my positive LMIA has been acquired by another company. I am not sure if it matters that my current LMIA was for NOC 2173 and now I am performing NOC 0013 duties after promotion. I want to use NOC 0013 in my express entry profile as it will give me additional 200 CRS points and I will be getting my PR easily.

Considering the fact that I got my work permit on 2173 NOC, Do I need to get another LMIA for NOC 0013 from my new company or it will just suffice to say that the old company was acquired by the new company? In the express entry work history section, it asks me for my primary NOC which I want to use in the express entry profile(I want to use NOC 0013). After that it asks me do I have an offer letter in Canada, I will mark yes because I am working in Canada with a valid Work Permit. Then it asks me for which NOC code this job was made against, this is where I am confused and need clarity(I want to use NOC 0013 so that I get 200 points). Lastly, it asks me which NOC was my work permit issued for(NOC 12173).

I am asking these questions because I want to start the conversation with my new company once I have full knowledge of my case.

Please let me know in case of any clarifications are required.

Thank you

 

[rshangle]

What role/designation does your current work permit say? Is it the original one that you started working for your employer, or the new CTO one?
In other words, did you get a new WP post your promotion/NOC change since your roles and responsibilities also changed?
I am not 100% sure but closed work permit renewals/changes which are LMIA approved need to have LMIA filed again at the time of the renewal/change. If that's the case then you would need a new one. Maybe others can chime in.

 

[ahsan_cse2004]

Thank you @rshangle for reply. My current work permit designation is Software Engineer. I did not get new work permit for new employer since old employer was acquired and as part of acquisition we all got merged with new company.

Do you mean to say that apart from New LMIA for CTO role I should also apply for new work permit with new company?

Thank you again.

 

[rshangle]

You had to have a new work permit with the new designation before assuming that role officially. This is called change of conditions. Ideally your employer's attorney should have done that at that time itself. I ll suggest you to talk to them ASAP and get their professional opinion.

And I am pretty sure you will need a new LMIA too before filing for a new WP.

 

[ahsan_cse2004]

Thank you @rshangle I will check with my employer. I was just wondering does it mean that the promotion does not get captured in IRCC express entry profile automatically?

 

[rshangle]

Thank you @rshangle I will check with my employer. I was just wondering does it mean that the promotion does not get captured in IRCC express entry profile automatically?

Correct. IRCC basically wants the work permit holder to adhere to the closed work permit conditions they have been given, so any change in the designation/employer/location etc. needs to be communicated to them promptly and a new work permit obtained before assuming that change.

 

[jadhavakhil]

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