May 3rd, 2024 at 05:44 am

Canada Immigration: New NOC & How it Affects your PR | Express Entry

Applicants can experience modifications to their National Occupation Classification code while pursuing permanent residency. This may have a major effect on their capacity to be nominated by provinces and, eventually, get permanent residence.

On rare occasions, applicants for permanent residence from Canada may first submit an application using one National Occupation Classification code, but later on in their immigration journey, they may change it. A candidate may, for instance, apply for permanent residence in Canada through one of the 11 provincial nominee programs administered by Canada or through one of the country’s Express Entry controlled programs.

Let’s use the PNP in Ontario

For instance, consider the Ontario Immigrant Nominee Program (OINP). We shall specifically examine this scenario concerning a fictitious applicant who was selected through a Tech draw.

Lincoln, the candidate, is a software engineer who was selected through a tech draw and received a Notification of Interest (NOI) from the OINP. Remarkably, Ontario refers to the offer from the OINP as a “NOI,” meaning that the province is extending an invitation to the chosen candidate to file his slasher application for a provincial nomination.

After submitting his Expression of Interest to the Federal Express Entry pool, Lincoln was issued a Notice of Interest. Following examination of the candidate’s profile in the Express Entry Federal pool, the province government sent him an improved PNP along with a notice of intent (NOI). Lincoln satisfied the OINP Tech draws requirements, which included having a primary NOC code from the list of KN-targeted vocations, and as a result, the NOI was awarded.

Lincoln has until now submitted an application to the Ontario government for his provincial nomination. To accomplish this, he must give the Ontario government the following supporting documents:

• References that back up the NOC Code
• Each employer should provide a claimed reference letter so that the province may confirm that the employee’s employment responsibilities and tasks match the KN listed in his Federal Express Entry profile.

NOC Codes

Noc codes are five-digit numbers that are used to classify and organize jobs to facilitate immigration. Learn more about the Canadian government’s KN 2021 system by visiting this dedicated webpage, and utilize this tool to locate your own NOC.

What occurs if, while going through the immigration process, your NOC changes?

To determine if an applicant’s employment function and responsibilities appropriately correspond with an NOC that is on the province’s targeted professions list, the supporting documentation for the candidate is evaluated at the provincial level. The results of this review will influence what occurs next, particularly if the provincial SL territory government finds that a candidate’s declared NOC conflicts with their work roles/responsibilities.

Take note of the following; we’ll use our fictitious candidate Lincoln as an example once more.

Hypothetical Scenario 1

On his application, Lincoln stated that he was a software developer and programmer (NOC 21232), however, the Ontario government determined that his work more closely matched NOC 21234 (web developers and programmers).

Hypothetical Scenario 2

Although he listed NOC 21232 (software developers and programmers) on his application, the Ontario government determined that NOC 22220 (computer network and web technicians) better suited his position.

Lincoln’s work in the first scenario does not match his declared NOC, but his application can still move forward because it is evaluated and NOC is still included in the Ontario government’s list of targeted occupations for Tech draws. In this instance, the OINP will get in touch with the client and ask for more details.

In the second situation, Lincoln will not be considered qualified for a provincial nomination since his assessed NOC is not listed on Ontario’s Targeted Occupations List. Rejecting the OINP application

If my primary NOC differs from the one I used when I first applied at the provincial level, what should I do?

Before submitting their application for a provincial nomination, candidates may decide not to proceed with their application, as it will be rejected as non-eligible if they discover that their primary NOC has changed and is no longer listed as a targeted NOC.

Applications can be withdrawn, however, the processing expenses for the provincial nomination application will probably be forfeited by those who submit their application despite this understanding or by those who learn of the NOC change only after submission.

Issues with Amended NOCs at the Federal Level

A candidate’s application for PR with the federal government may be affected by a change in NOC following the successful receipt of a provincial nomination from Ontario. Candidates whose provincial nomination is based on an NOC are required to continue using the same NOC for their principal occupation that they used when they first applied to the province.

Provincial nomination unique to the NOC Candidates may have their application rejected if they change their primary NOC code at the federal level and do not meet the requirements for eligibility for their provincial nomination.

Why does my NOC code matter?

Knowing why KN codes are important is a necessary step toward comprehending how an altered NOC may affect your application. To put it briefly, NOC codes play a significant role in determining a candidate’s eligibility for three of Canada’s premier economic immigration programs: the Federal Skilled Worker Program, the Canadian Experience Class, and the Federal Skilled Trades Program. Express Entry is the country’s application management system.

Federal Skilled Worker Program

To achieve the minimal qualifications for FSWP, candidates must meet additional requirements, such as having at least a year of continuous, paid full-time or equivalent part-time skilled employment in the same primary NOC. For this job experience to qualify, it must fit into one of the following categories: Tier 0, Tier 1, Tier 2, or Tier 3 of NOC training, education, experience, and responsibilities.

Canadian Experience Class

Candidates must meet the minimum requirements for CEC eligibility, in addition to other program requirements, by having at least one year of paid full-time or comparable part-time skilled work experience within the last three years in Canada. Keep in mind that work experience obtained while enrolled in classes does not apply toward fulfilling this criterion.

This work experience must fit into one of the following tier categories to be eligible: Tier 0, Tier 1, Tier 2, or Tier 3.

Federal Skilled Trades Program

Candidates must have at least two years of skilled work experience in specific qualified NOC categories throughout the last five years, in addition to the other program requirements. In Canada’s immigration procedure, it is essential to comprehend and appropriately reflect one’s NOC code to achieve the minimum standards for FSTP eligibility.

This guarantees compliance with qualifying standards for nominations from provinces and other immigration schemes, ultimately enabling a prosperous path to permanent residency.