NOC code 4163

[Toronto2013]

Apologies for repeating this question. I still haven't got the clarity after writing to HSRDC and have been trying the CIC phone today but didn't get past the IVR!

Here is my query:

As per my WP my NOC code is 4163. I have been reading on many forums and given to understand that one should not change the NOC code and write the main responsibilities as per the code. However the responsibilities don't match my job duties (IT sales). Also I noticed that the employment requirements under this code are stated as below:

•A bachelor's degree in economics, commerce, business administration or public administration is required.
•Certification as a certified economic developer (Ec.D.) may be required

I have a B.E and PGDM(post graduate diploma in management from an IIM in India).

Can I go ahead with this code? What is important to CIC? NOC code as per WP or NOC code as per my current job? I came to Canada on ICT and the job duties while applying for WP were exactly as per my IT sales role.

 

[auracreates]

Hi,

I am in a similar situation. I am a Marketing Communications Coordinator, however the LMO I received classified me under 4163 even though I asked to be under 1123 which closely matches my job duties. So my work permit that is tied to the LMO has the same code and lists my occupation as economic development officer!

I will be applying for PR under CEC soon. Wondering what I should do? I know that if you apply using a different code than the one that has been assigned on your WP, they might call it unauthorised work, although skilled!!

Really concerned....

 

[RAJ_74]

Yes dear,
I am also facing similiar situation.My work permit is issued on NOC CODE XXXX BUt my duties doesnt match at all.They are matching with NOC YYYY.Even then I applied for CEC LAST MONTH .Today I understand from one good lawyer that chances of rejection are higher and they may BAN me for 2 yrs on charges of misrepresentation the case.My current WP is expiring in Oct,2013.My current employer re-applied for new LMO based on old NOC code 2233 but it got rejected as service canada officer found this discrepency when he interviewed my boss.My closest NOC code is YYYY.I am in diffficuilt condition for no fault of me.Just be in touch for any updates.

 

[jes_ON]

hi all,

I really do not know what to suggest, other than possibly speaking with an immigration lawyer.

It's a problem because you are only authorized to do the work specified on your LMO. Anything else could be deemed "unauthorized," so all of your work experience could be discounted.

On the other hand, I know first-hand that HRSDC can screw this up, and there's no real option to get it corrected. I had to get 3 work permits before I obtained my PR status. The 1st and 3rd had the correct NOC code, but for some reason, they assigned a different NOC on the 2nd one (despite the application form requesting the same NOC). When I got it, I called and asked if they could correct it, but even after agreeing with me that they had made the error, they told me "no," they couldn't change it, my employer would have to apply for a new LMO to do that, but as far as they were concerned, it wasn't a problem (the two NOCs were relatively close). They said they would make a note of it in the file, and then not to worry about it. (Try telling that to CIC). At least they got it right the next time.

So, I was a little nervous about that problem when I applied too. Even tho I was approved, I don't think that helps you at all, because the program rules are different, procedures are different, the general climate is different.

Honestly, I don't know what to suggest. Yeah, it's easy to say that your employer should have been paying attention and got it corrected, that you should have, but given that HRSDC's concerns are different from CIC's, that there is no mechanism for HRSDC to correct it, and the implication of having to stop work (or leave the country) while a new LMO is processed, it's beyond "unfair" to expect that.

Now that employers have to pay for LMOs, and there's so much at stake for getting the "correct" NOC, employers, workers, lawyers, etc. should advocate for HRSDC to develop a means to correct LMOs without having to start all over. If that were in place, it would make more sense to place the burden on the employer/worker to ensure the correct NOC. Minister Kenney, former Immigration minister, now heads that department, so he of all people should understand why this is a problem.

But that doesn't help you all right now. Alas, I don't really know what to suggest about how you should proceed. Normally I'd say, write the NOC that best fits the job duties and responsibilities, and then attach a letter of explanation if you're concerned about the discrepancy in NOC. I don't think that "hoping" the VO won't notice will work, but I also don't know what would, at this point, other than getting a new LMO/TWP with the correct NOC, and work another year.

 

[RAJ_74]

Hi Jes_ON,
I too agree with u that to apply CEC with new LMO(Correct NOC) and after working for one more year with that.But the critical question is that we have to mention 3yrs of experience (minimum 1 yr) preceding CEC FILING and again we have to mention old NOC.In my case My current employer is re-applying with new NOC.Dont u think VO will get doubt how a same person got 2 different NOC in same company(For periods specified in LMOS).Realy it is messy situation.
Have u ever heard besides rejecting CEC,CIC have banned any applicant for mis-representation as my case looks so.

 

[jes_ON]

Hi Jes_ON,
I too agree with u that to apply CEC with new LMO(Correct NOC) and after working for one more year with that.But the critical question is that we have to mention 3yrs of experience (minimum 1 yr) preceding CEC FILING and again we have to mention old NOC.In my case My current employer is re-applying with new NOC.Dont u think VO will get doubt how a same person got 2 different NOC in same company(For periods specified in LMOS).Realy it is messy situation.
Have u ever heard besides rejecting CEC,CIC have banned any applicant for mis-representation as my case looks so.

I can't predict the future, but as long as you don't try to lie or hide something, so far the only consequence of messing up an NOC is to not have the experience "counted." So if you use the NOC appropriate to your duties and responsibilities (and doesn't match your NOC), best bet is to try to explain why you chose that NOC. The experience might get excluded, but then you haven't misrepresented anything.