Wrong NOC code on LMIA?

[Brick2016]

Hi there,

I recently started a job with a new employer, who has supplied me with an LMIA.

My job falls under the NOC code 5241: Graphic Designers and Illustrators. Although the LMIA that I was supplied, and subsequently hold a work permit for is NOC: 5132 - Conductors, composers and arrangers. My job description can't squeeze to fit that in any way...

I have two questions about this:
1) Who specifies the NOC code? Is it my employer when they apply for the LMIA, or is it a Canadian Government Department that does?

2) I already have an invitation to apply for Permanent Residency with this LMIA. Would my application likely be rejected if all my prior work experience both inside and out of Canada falls under 5241, and the new job states 5132 (even though that's not what my role is)?

Thanks for your help.

 

[jes_ON]

My job falls under the NOC code 5241: Graphic Designers and Illustrators.

Although the LMIA that I was supplied, and subsequently hold a work permit for is NOC: 5132 - Conductors, composers and arrangers. My job description can't squeeze to fit that in any way...

My heart just broke for you. Unfortunately, your employer has not done you any favors. You are authorized ONLY to perform the duties under NOC 5132. If you are doing anything else, you are working without authorization, and the work experience is not valid.

I have two questions about this:
1) Who specifies the NOC code? Is it my employer when they apply for the LMIA, or is it a Canadian Government Department that does?

Your employer provides a job description, ESDC assigns the NOC. Your employer cannot use the LMIA for a different job, they would have to apply for a new LMIA. If the job description provided by your employer was for NOC 5241, and ESDC made an error (it happens), your employer should have taken steps to correct it immediately (although that could have meant submitting a new LMIA application). The two NOCs are not remotely alike, so it's hard to see how an error like that could have gone unnoticed.

2) I already have an invitation to apply for Permanent Residency with this LMIA. Would my application likely be rejected if all my prior work experience both inside and out of Canada falls under 5241, and the new job states 5132 (even though that's not what my role is)?

Best case is it would only be rejected (not because of other work, but because you are working without authorization); worst case, you will be asked to leave Canada for working without authorization, and banned for a couple of years.

If your employer does not take steps to correct the problem with the LMIA, they could also be blacklisted from hiring TFWs.

I am so sorry for your predicament.

 

[aneelkanth]

This is very unfortunate.

Its sad to see how errors made by others can affect a potential candidate's immigration plan.
I have seen people previously who got LMIA and WP for D NOCs and unfortunately they did not qualify for immigration.

This is why one should always do their due diligence when dealing with such important matters.

 

[jes_ON]

2) I already have an invitation to apply for Permanent Residency with this LMIA. Would my application likely be rejected if all my prior work experience both inside and out of Canada falls under 5241, and the new job states 5132 (even though that's not what my role is)?

Thanks for your help.

I should add - this is a case for a good immigration lawyer. If you have the resources, a lawyer might be able to help you salvage the situation. At the very least, it would be worth a consultation.

 

[Brick2016]

Thanks all for the replies.

My employer followed up and supplied evidence that I shouldn't fall under the NOC code the ESDC supplied me. The ESDC agreed that it was obviously incorrect, and weren't sure how they could have made that mistake, so they have corrected it on my file and will send a confirmation letter.

Good news is I should be able to lodge my PR application like nothing ever happened!

 

[adaytoremember]

Wow, that sure is a relief, congrats!

 

[jes_ON]

My employer followed up and supplied evidence that I shouldn't fall under the NOC code the ESDC supplied me. The ESDC agreed that it was obviously incorrect, and weren't sure how they could have made that mistake, so they have corrected it on my file and will send a confirmation letter.

Good news is I should be able to lodge my PR application like nothing ever happened!

Great news!!!! So glad it was just an error - that's not always the case, some employers just don't care - and also glad it was easier for you to get it corrected than when I tried... : )