Changing Role, Same employer on a work permit

[kerbis74]

HI all,

Not sure if anyone has an answer to this, but worth a shot. Applied for a new role at my company, the role itself barely changes - skills, focus all the same, only the title really changes.

a) Do i have to apply for a new permit or a change at all ? If so, which ?
b) If i have to apply for change, how long does it take - is it something i can do at a local port of entry office ?

I was told that if the role changes more than 50% a change would be needed and in some cases a new permit... is that true and if so, does anyone have some official guidance on that ?

Thanks !

 

[scylla]

What kind of work permit do you have now? Is it a closed work permit based on an LMIA? Something else?

 

[kerbis74]

Exactly, uk national so no visa required, but work permit based on local market approval for my current employer. As I said, the new role is akin to title and division name change, the function is basically the same.

 

[scylla]

Is it a promotion?

Typically in these situations you need a new LMIA and then a new work permit based on that new LMIA before you can begin the new job.

 

[kerbis74]

No its a lateral move to a different internal team

 

[martha1901]

I have done it without changing my work permit. Same employer but different role, still as RN. I have renewed my work permit 3x in a span of 8 years this is with employer letter with my updated role each time, now currently waiting for COPR.

 

[kerbis74]

Hi Martha, could you give me a bit of background into the process you went through to do this and how long it took, where you went to get it done etc... that would be so very helpful !

Thanks both for responding, this has been driving me crazy today, so if there is a relatively simple solution, that would be great

 

[martha1901]

Hi Kerbis, In my case I didn't let CIC know when my role changed on the basis that, my work permit states RN as my job and there's a lot in nursing profession that you can go into, be it leadership, clinical & etc. I could have been wrong for doing that, but every time I renewed my permit with my current role mentioned, CIC didn't ask for any explanation. So look again properly on your permit.

Good luck.

 

[Armstrong17]

Current Work Permit Details:

• LMIA-exempt, Employer-specific (Intra-Company Transferee - Specialized Knowledge);
• Employer: "UVW Canada Inc.";
• Occupation/Profession: "ABC";
• NOC: "2171";
• Date Issued: 2021/11/27
• Expiry Date: 2022/10/07

Circumstance:

• In April 2022, my designation/title got changed to "XYZ", however, the responsibilities, as well as wages remained exactly the same.
• In July 2022, I was offered a job offer for a permanent position by my same employer in Canada (i.e., "UVW Canada Inc.") with the designation/title as "XYZ". I accepted the job offer & became a Canadian permanent employee.
  • Note that the responsibilities never changed and still remain exactly the same that is for NOC 2171.
  • However, wages increased by 25%.

Question: Seeing my circumstance:

1. Is my current work permit valid?
2. Or, I should have applied for a new work permit before?
3. I received my ITA on 3-Aug-2022, & am working on documentation now. My EE profile had "Yes" for the question # (a): "Does <applicant> have a job offer in Canada?", and "Yes" for the question # (b): "Does <applicant> have a valid work permit for the current job in Canada"? If the answer to (1) above is NO, I fear my answer as "Yes" to (b) could be perceived as misrepresentation. Right?

Could anyone, please, help me know? Seniors: @scylla , @cansha -- Need your help/inputs, please. Thank you for all the help!

 

[canuck78]

Current Work Permit Details:

• LMIA-exempt, Employer-specific (Intra-Company Transferee - Specialized Knowledge);
• Employer: "UVW Canada Inc.";
• Occupation/Profession: "ABC";
• NOC: "2171";
• Date Issued: 2021/11/27
• Expiry Date: 2022/10/07

Circumstance:

• In April 2022, my designation/title got changed to "XYZ", however, the responsibilities, as well as wages remained exactly the same.
• In July 2022, I was offered a job offer for a permanent position by my same employer in Canada (i.e., "UVW Canada Inc.") with the designation/title as "XYZ". I accepted the job offer & became a Canadian permanent employee.
  • Note that the responsibilities never changed and still remain exactly the same that is for NOC 2171.
  • However, wages increased by 25%.

Question: Seeing my circumstance:

1. Is my current work permit valid?
2. Or, I should have applied for a new work permit before?
3. I received my ITA on 3-Aug-2022, & am working on documentation now. My EE profile had "Yes" for the question # (a): "Does <applicant> have a job offer in Canada?", and "Yes" for the question # (b): "Does <applicant> have a valid work permit for the current job in Canada"? If the answer to (1) above is NO, I fear my answer as "Yes" to (b) could be perceived as misrepresentation. Right?

Could anyone, please, help me know? Seniors: @scylla , @cansha -- Need your help/inputs, please. Thank you for all the help!

As soon as your title changed you were no longer covered by your ICT WP. If the roles and salary were the same not sure why your designation was different. Forget the WP, your role should change if the title name is difference. You definitely need a new WP for your current role and should have applied for a new WP as soon as you changed work titles. You are correct in indicating that you don’t have a WP for your current role but are still working without the valid WP.

 

[Armstrong17]

As soon as your title changed you were no longer covered by your ICT WP. If the roles and salary were the same not sure why your designation was different. Forget the WP, your role should change if the title name is difference. You definitely need a new WP for your current role and should have applied for a new WP as soon as you changed work titles. You are correct in indicating that you don’t have a WP for your current role but are still working without the valid WP.

Thank you so much, @canuck78 !
To your question about why did the role/responsibilities not change when the title itself changed, the answer is -- I just moved to a higher level/title with the same duties, for example, Associate to Senior Associate. Yes, that is how things are in my case.

I am going to apply for a new work permit asap. Also, I am thinking to decline my current ITA (to avoid any misrepresentation), so that I can update my EE profile correctly. But, I am not sure how should I answer the question # (a) and (b) now. Any suggestions/thoughts?
Actually, in my case, it's my employer that takes care of work permit and everything, but they never apprised me of any renewal of work permit that would be needed. Yes, I should have been attentive.

Thank you so much!