CTO Arranged Employment Concern - NOC 00

[humzawaseem]

Hi there,

I am new to this forum as I am planning to start my journey for immigration. Brief history of mine currently I live in Pakistan and I am working as Software Engineer NOC 2173 and have experience of almost 3.5 years collectively while working in difference companies.

One of my client approached me from Vancouver running a start up company and wants to hire me as CTO to overlook his product and startup as I have laid its foundation and wrote initial software code.

Now my questions is that, I will be having arranged employment for CTO job responsibility which will be 00 NOC. Will it be feasible to defend, in FSWE class as I have read CEC would not be the way to go for this.

What could go wrong and how should i tackle this ?

Cheers,

 

[primaprime]

The CEC is only for people with Canadian work experience. To receive the points for arranged employment the employer must first apply for a labour market impact assessment (LMIA) which proves they couldn't hire any Canadians to do the job.

 

[humzawaseem]

The CEC is only for people with Canadian work experience. To receive the points for arranged employment the employer must first apply for a labour market impact assessment (LMIA) which proves they couldn't hire any Canadians to do the job.

Prima thank you for your reply, this pretty much clears about what CEC is ? Now coming to other part of my question, that I have almost 4 years of experience in software engineer title and job duties and my partner/employer needs me to be in place of CTO to overlook the code i have written. Will it be easy to defend in ESDC and LMIA if we have genuine concerns and arguments ?

 

[scylla]

Prima thank you for your reply, this pretty much clears about what CEC is ? Now coming to other part of my question, that I have almost 4 years of experience in software engineer title and job duties and my partner/employer needs me to be in place of CTO to overlook the code i have written. Will it be easy to defend in ESDC and LMIA if we have genuine concerns and arguments ?

Which NOC are you planning to apply under? You'll want to make sure you can demonstrate that your duties are really at the CTO level and not manager (e.g. NOC 0213). If you are supervising code, this is generally a manager role rather than CTO. That's the one potential issue I see in your plans. You'll want to make sure the operations in Canada are big enough (i.e. enough staff) to support a CTO role and duties.

 

[humzawaseem]

Which NOC are you planning to apply under? You'll want to make sure you can demonstrate that your duties are really at the CTO level and not manager (e.g. NOC 0213). If you are supervising code, this is generally a manager role rather than CTO. That's the one potential issue I see in your plans. You'll want to make sure the operations in Canada are big enough (i.e. enough staff) to support a CTO role and duties.

I currently work in NOC 2173 ( Software engineers and designers ) - and also have past experience as Software Engineer. But as I mentioned earlier, that it is a new company with 10 - 15 people size and my employer or you can say partial partner needs a guy on top highest post to monitor other software engineers on the basis of my expertise in company software product. I am the only one who knows how the application works and is created by me.

As per my employer my responsibilities will be

• Authorize and organize the establishment of major departments and associated senior staff positions
• Allocate material, human and financial resources to implement organizational policies and programs
• Establish objectives for the organization and formulate or approve policies and programs
• Establish financial and administrative controls; formulate and approve promotional campaigns; and approve overall human resources planning
• Select middle managers, directors or other executive staff; delegate the necessary authority to them and create optimum working conditions
• Represent the organization, or delegate representatives to act on behalf of the organization, in negotiations or other official functions
• To interview and implement vetting procedures for future software and tech staff

But my main concern is that this is a rare scenario that a foreign software engineer NOC 2173 having 4 years of experience being appointed as CTO for a startup company with NOC 00 codes just because he is the only one in the world who has created the software for that specific company and own intellectual property. Is this scenario justifiable and exceptional one ? Can this be approved by LMIA ? as I will be applying in FSW express entry soon.

 

[scylla]

I currently work in NOC 2173 ( Software engineers and designers ) - and also have past experience as Software Engineer. But as I mentioned earlier, that it is a new company with 10 - 15 people size and my employer or you can say partial partner needs a guy on top highest post to monitor other software engineers on the basis of my expertise in company software product. I am the only one who knows how the application works and is created by me.

As per my employer my responsibilities will be

• Authorize and organize the establishment of major departments and associated senior staff positions
• Allocate material, human and financial resources to implement organizational policies and programs
• Establish objectives for the organization and formulate or approve policies and programs
• Establish financial and administrative controls; formulate and approve promotional campaigns; and approve overall human resources planning
• Select middle managers, directors or other executive staff; delegate the necessary authority to them and create optimum working conditions
• Represent the organization, or delegate representatives to act on behalf of the organization, in negotiations or other official functions
• To interview and implement vetting procedures for future software and tech staff

But my main concern is that this is a rare scenario that a foreign software engineer NOC 2173 having 4 years of experience being appointed as CTO for a startup company with NOC 00 codes just because he is the only one in the world who has created the software for that specific company and own intellectual property. Is this scenario justifiable and exceptional one ? Can this be approved by LMIA ? as I will be applying in FSW express entry soon.

I can't answer this question. You'll have to try and see what happens.

 

[humzawaseem]

I can't answer this question. You'll have to try and see what happens.

Can you answer this one that, does the arranged employment in fsw needs to be in same noc or it can be different.?

 

[scylla]

Can you answer this one that, does the arranged employment in fsw needs to be in same noc or it can be different.?

Sorry - I'm not sure I understand your question.

 

[humzawaseem]

Sorry - I'm not sure I understand your question.

I mean to ask that there is an option in express entry that if you have arranged employment or not to get points 50 or 200.

Now if i get an arranged employment from a candian employer in noc 00213 and currently i have experience in noc 2173. Would it help me or not as the employment offer is of different noc.

 

[scylla]

I mean to ask that there is an option in express entry that if you have arranged employment or not to get points 50 or 200.

Now if i get an arranged employment from a candian employer in noc 00213 and currently i have experience in noc 2173. Would it help me or not as the employment offer is of different noc.

The arranged employment doesn't have to be in the same NOC as your work experience. However it should be in a related field and IRCC will need to be convinced that you have the experienced needed to take on the arranged employment role. If the LMIA for the job is approved, then you should be good.

 

[humzawaseem]

The arranged employment doesn't have to be in the same NOC as your work experience. However it should be in a related field and IRCC will need to be convinced that you have the experienced needed to take on the arranged employment role. If the LMIA for the job is approved, then you should be good.

Yea the role is definitely related ro my current role but its just manager level position like cto or vp engineering. So all we me or my employer needs to do is to convince lmia that he needs me in His compnay no matter what to get positive lmia and once done then ircc will be ok with all of the things.

 

[scylla]

Yea the role is definitely related ro my current role but its just manager level position like cto or vp engineering. So all we me or my employer needs to do is to convince lmia that he needs me in His compnay no matter what to get positive lmia and once done then ircc will be ok with all of the things.

The approved LMIA does not guarantee that everything will be OK and that the PR application will be approved. However it will certainly be a positive step if the LMIA is approved.

 

[humzawaseem]

The approved LMIA does not guarantee that everything will be OK and that the PR application will be approved. However it will certainly be a positive step if the LMIA is approved.

Ahan got it. Also one more thing if my role is of significant better for the employer and his company do i get exempt from lmia ad i have read some where that there is significant better program which is lmia exempt.

As i will be bringing in certain expertise to enhance a Canadian citizen business and will be providing knowledge to new grads and software engineer under me ?

 

[scylla]

Ahan got it. Also one more thing if my role is of significant better for the employer and his company do i get exempt from lmia ad i have read some where that there is significant better program which is lmia exempt.

As i will be bringing in certain expertise to enhance a Canadian citizen business and will be providing knowledge to new grads and software engineer under me ?

What you're asking about is the ICT visa. The ICT visa will only be possible if you start working for your employer in a CTO role outside of Canada and work for your employer in this role for at least a year (outside of Canada) and then your employer transfer you to a similar role in Canada. You should note that if you go the ICT route, you will not be able to claim job offer points towards Express Entry until you have moved to Canada under the ICT and worked for your employer in Canada for a full year.

So one year of working for your employer outside of Canada to qualify for the ICT. And then one year of working for your employer in Canada under the ICT to qualify for the job offer points.