OINP student stream NOC has to be the same as FSW primary NOC?

[lukeortolani]

Hi,

I'm in the Express Entry pool under FSW with a score of 461. Let's say my primary NOC is A and I currently have a full-time job in Canada with an NOC of B.

Worked in A for 1 year 10 months. Other experience is in NOC C with six months which gives me 2 years of foreign work experience total. My current job is a new NOC for me (but similar to the other two NOCs).

If I apply for the OINP student stream and get the nomination for a job with NOC B, will there be a problem in the next draw since my primary NOC is A? What do I do in that case? Should I not consider the OINP then if it has to be the same? Is that even fair?

Keep in mind, the only requirement for the student stream as far as the job NOC is concerned is:

The job offered must be in a skilled occupation at Skill Type 0 or Skill Levels A or B of National Occupation Classification (NOC).

Also, I only have a one-year PGWP so CEC is out of the question as I got this job a few months after the PGWP was issued to me. That is, unless they update it so I can apply for the PGWP extension.

 

[Islander216]

The NOC for your provincial nomination and primary NOC for your Express Entry profile have to match.

The query now becomes whether the OINP student stream is aligned with EE or not aligned, if it's not aligned then you don't have to qualify for a program under EE such as FSW or CEC. If it is aligned then you have to qualify for one of the programs administered under EE, and fulfill the minimum requirements using the primary NOC which you've been nominated under.

So the short answer is they have to match. To solve this either apply under FSW when you have enough points (such as being supplemented by Canadian work experience) or apply for the provincial nomination with occupation B when you qualify for CEC with enough Canadian experience in it, or apply under CEC with enough points with occupation B without the nomination.

 

[lukeortolani]

The NOC for your provincial nomination and primary NOC for your Express Entry profile have to match.

The query now becomes whether the OINP student stream is aligned with EE or not aligned, if it's not aligned then you don't have to qualify for a program under EE such as FSW or CEC. If it is aligned then you have to qualify for one of the programs administered under EE, and fulfill the minimum requirements using the primary NOC which you've been nominated under.

So the short answer is they have to match. To solve this either apply under FSW when you have enough points (such as being supplemented by Canadian work experience) or apply for the provincial nomination with occupation B when you qualify for CEC with enough Canadian experience in it, or apply under CEC with enough points with occupation B without the nomination.

So just to add, I only have a 1-year PGWP and I got this job a few months after it was issued so CEC is out of the question unless the government updates the PGWP extension policy so that I can apply (right now, anyone whose PGWP expires late November 2021 onwards are ineligible).

The student stream does not appear to be aligned with EE and I guess I forgot that the OINP nomination would be non-Express Entry based on a paper application. So I guess I'm fine as far as the NOC is concerned. Thanks!

 

[Islander216]

Thanks for replying!

So just to add, I only have a 1-year PGWP and I got this job a few months after it was issued so CEC is out of the question unless the government updates the PGWP extension policy so that I can apply (right now, anyone whose PGWP expires late November 2021 onwards are ineligible).

The student stream does not appear to be aligned with EE though a new EoI system will open soon. So is that good news for me as far as the NOC is concerned? I didn't realize the OINP nomination would be something separate and not connected with FSW.

If it's unaligned with EE then it's paper-based meaning you don't need to go through EE, and it is a separate application. EE program minimum requirements would not apply to you. I would double check this because most PNP streams are aligned with EE.

Bummer about the PGWP but are you sure you don't qualify for the new temporary programs which includes inland applicants who are international graduates?

https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/04/new-pathway-to-permanent-residency-for-over-90000-essential-temporary-workers-and-international-graduates.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/trpr-international-graduates.html

 

[lukeortolani]

If it's not unaligned with EE then it's paper-based meaning you don't need to go through EE, and it is a separate application. EE program minimum requirements would not apply to you. I would double check this because most PNP streams are aligned with EE.

Bummer about the PGWP but are you sure you don't qualify for the new temporary programs for inland applicants with Canadian qualifications and/or work experience?

https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/04/new-pathway-to-permanent-residency-for-over-90000-essential-temporary-workers-and-international-graduates.html

Just checked and it's not aligned.

As for the new policy? I don't qualify for that either. I did a 1 year PG certificate and the requirement is 16 months. My luck is rotten lol.

 

[Islander216]

If it's not aligned then rock and roll, just get the nomination.

 

[lukeortolani]

If it's not aligned then rock and roll, just get the nomination.

I have one more question if you don't mind:

So it says this for the OINP student stream:

In order for your application to be approved, the job offer must be effective the date that you are nominated by the OINP, if you are already working for the employer in the approved employment position; or if you are not, on the date you obtain a work permit and begin working in the approved employment position.

Is there any chance this can apply to me even after my permit expires in Dec 2021? Like my current job offer (which I am working right now) is permanent, does the offer still stand after my permit expires (say I get a visitor record) and allow me to apply for the OINP?

Thanks in advance.

 

[Islander216]

If you're already working in the job, then you just need to apply for the OINP nomination before your permit's expiry and you'll have implied status until you get a decision on your application.

I think what you can do is apply for the nomination with the job offer on a visitor visa, but you won't be able to work unless you've submitted your application prior to your work permit's expiry and have implied status. So basically you'll need to have a valid job offer, submit the application for the nomination, and then wait until it gets approved.