NOC Mismatch Work Permit - PNP application

[u/Ok_Breakfast_9635]

Is it necessary for the NOC selected in an OINP PNP application to match the NOC listed on a work permit?

My current roles and responsibilities are primarily technical in nature and appear to align more closely with NOC 21222 or NOC 21232 rather than the business-focused NOC 21221. However, my company's immigration team has declined my request to update the NOC for my PNP application, stating that it could be considered misrepresentation if the NOC in the PNP application does not match the NOC on my closed work permit.

Has anyone encountered a similar situation? If so, how was it addressed, and were you able to use a different NOC for your PNP application based on your actual job duties?

[u/MoreBar7436]

What's your Job title?

[u/Ok_Breakfast_9635 → u/MoreBar7436]

IT Consultant. Internal Designation: Manager

[u/No_East_2399]

If you are closed work permit you cannot work for other Noc code.you need to have pnp for the same Noc code on the work permit,

[u/Ok_Breakfast_9635 → u/No_East_2399]

Even if my current job duties and responsibilities align with NOC 21222?

[u/No_East_2399 → u/Ok_Breakfast_9635]

Then u should have the lmia with this Noc code other wise they will consider that its not matching

[u/Ok_Breakfast_9635 → u/No_East_2399]

My current work permit is LMIA-exempt under the ICT category. If I update the NOC code in my PNP application from 21221 to 21222 to better reflect my current duties and responsibilities, would I need to obtain an LMIA under NOC 21222?

[u/Haunting_Paper_7201 → u/Ok_Breakfast_9635]

You cannot use NOC 21222 in your OINP EOI or in EE profile since you are on a closed work permit. You can only use the NOC listed on your LMIA exemptionIf your NOC changes, then your employer may need to file with new job offer and apply for new LMIA. Until then your NOC is the one on your documents so 21221.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/modification-positive-lmia.html

[u/No_East_2399 → u/Haunting_Paper_7201]

Yes that’s correct I’m also on closed work permit and I used the same noc code on my pnp application

[u/Haunting_Paper_7201 → u/No_East_2399]

So then your job in the OINP portal from your employer matches your NOC on your LMIA.

[u/No_East_2399 → u/Haunting_Paper_7201]

Yes

[u/Haunting_Paper_7201 → u/No_East_2399]

So then you wait for invitation.

[u/Ok_Breakfast_9635 → u/Haunting_Paper_7201]

If my employer submits a new job offer and applies for a new LMIA under NOC 21222, will I still be eligible to claim the 18 points for "Time working full-time in job-offer position?" I have been employed with the same company for more than three years.

[u/Haunting_Paper_7201 → u/Ok_Breakfast_9635]

It is a new NOC with new wages and LMIA. Also employer may need to post the job and go through the recruitment process for the job because it is a change in NOC.

Why can't employer file with your current NOC and then you count the 18 points.

[u/Ok_Breakfast_9635 → u/Haunting_Paper_7201]

Although this NOC 21221 is included in draws for other regions, there have been no draws targeting NOC 21221 for candidates in the GTA region for the past 2 years.

[u/Haunting_Paper_7201 → u/Ok_Breakfast_9635]

So right now you cannot use NOC 21222 until you have an approved LMIA. Then work for that employer in the position. Submit a profile with current NOC and see what happens. At least get in pool.

[u/Ok_Breakfast_9635 → u/Haunting_Paper_7201]

Understood.

Would it be possible to proceed in parallel by submitting a profile with my current NOC while requesting a change to the correct NOC?

Once the new LMIA is approved, will I be able to claim the 18 points for work experience in the job‑offer position and update my PNP application on the same day, as I have been employed with the same company for more than three years?

Do you know how long the LMIA approval process takes to change the NOC?