LMIA / Work Permit NOC Mismatch

[Sarbjit93]

Hi everyone,

I’m looking for guidance regarding a NOC mismatch on an LMIA-based work permit.

• I am on an employer-specific LMIA work permit (issued 2024)
• I have 1 year of Canadian work experience
• NOC on LMIA / work permit: Production Worker (TEER 4/5)
• Actual job duties: closer to NOC 22303 – Construction Estimator (TEER 2)
  (cost estimation, take-offs, procurement coordination, budgeting, reviewing drawings)

My offer letter and daily responsibilities align with NOC 22303 than with a production worker role. The mismatch was not intentional and seems related to how the LMIA was filed.

Questions:

1. Has anyone successfully claimed Canadian experience in EE under the correct NOC (22303) when the LMIA was under Production Worker?
2. Does IRCC focus more on actual job duties and reference letters, or strictly on the NOC on the LMIA/work permit?
3. Is a new LMIA under the correct NOC usually required, or has clarification been accepted in real cases?

I want to proceed transparently and avoid any misrepresentation.
Any real experiences would be greatly appreciated.

Thank you.

 

[Naturgrl]

1. You can only claim the NOC on your LMIA. You got a closed work permit based on that NOC. If you want to claim that NOC 22303, your employer needs to file for new LMIA meeting wages and conditions. This is an issue with your employer so talk to them about filing new LMIA. May need to repost job with new salary and duties.
2. It focuses on the LMIA's NOC. You cannot say you are doing another job as that is in violation of your LMIA.
3. You need a new LMIA with NOC 22303. What is your current wage and location?

https://www.canada.ca/en/employment...reign-workers/modification-positive-lmia.html

 

[Sarbjit93]

Thank you for the reply and the information. In this situation, I would like to understand whether my work experience would be considered invalid, or if there is a possible solution to address this issue. I would really appreciate your guidance.Surrey BC $28.00 /Hour

 

[Naturgrl]

Thank you for the reply and the information. In this situation, I would like to understand whether my work experience would be considered invalid, or if there is a possible solution to address this issue. I would really appreciate your guidance.

It is not invalid. Your work experience is for the NOC on your LMIA and that is why you got a closed work permit. You cannot choose another NOC's responsibilities. If you are not doing the duties of the NOC on your LMIA/closed work permit and believe your job duties align with another NOC then talk to your employer. Your employer will need to post the job for the new NOC, go through recruitment process and then file for a new LMIA. What is your location and wage?

 

[Sarbjit93]

am in Surrey BC, wage is $28.00.

 

[Naturgrl]

am in Surrey BC, wage is $28.00.

So to be eligible your wage needs to be an over $36 an hour unless Surrey's unemployment is less than 6 % then can be low wage. Don't think it is below 6% but could be wrong. This is a very different job to the LMIA you have approved.

So talk to your employer about new LMIA and increasing wage to $36 per hour. They will need to recruit for the position and post it to prove no Canadian has the education, work experience and language skills to do the job. Assume you have a trades diploma so get ECA.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage.html