Urgent question re. NOC / EE PR

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Old Oct 20th 2017, 10:16 am
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Angry Urgent question re. NOC / EE PR

Hey all!

Question:

I realise for the EE PR you need to have 12 month continuous employment with one employer in one single NOC code (correct me if I am wrong).

I can do this and meet the requirements with two roles, BUT I have spoken to one particular immigration lawyer who seemed to suggest it would be near impossible to get in on this. Granted he was rude and arrogant and generally a really unpleasant person, hence I decided against proceeding with him, but he has filled me with doubt...thus I'd welcome your feedback.

1. First role, I was a sales and marketing assistant. My official job title on the contract says 'on-trade assistant' and the contract lists very very vague duties. My job reference though, will say what I actually did which was sales and marketing in a team of two - I was the assistant - but I single handedly managed all the marketing etc of the entire start-up (team of 12). Would this count as a relevant NOC code or is it too junior for the federal skilled worker?

2. My current role: In February 2018 I'll have 12 months continuous in one role. My title is Growth Coordinator on the job contract, and I am managing the growth of the European division of the company (team of 18) and one assistant. HOWEVER I have received a pay rise this October and more responsibilities. My essential duties and responsibilities are the same as when I started, but I have just increased in seniority i.e. managing people / more territories. In February, then, will this still count as one single NOC code and be valid for the EE PR requirements? Lawyer I spoke to seemed to think that pay-rise would mean my 12 month tenure has to start again from this October (bleurgh).

Do please let me know...feel like I am sinking into madness here with all this conflicting advice from lawyers who I sense just want to frighten me.

With gratitude,

K xx
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Old Oct 20th 2017, 1:48 pm
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Default Re: Urgent question re. NOC / EE PR

Skilled work experience

Your work experience must be:

in the same type of job as your primary NOC
within the last 10 years
paid work (volunteer work, unpaid internships don’t count)
at skill type 0, or skill levels A or B of the 2011 National Occupational Classification (NOC)
at least 1 year (1,560 hours total / 30 hours per week), continuous:
full-time at 1 job: 30 hours/week for 12 months = 1 year full time (1,560 hours)
equal amount in part-time: 15 hours/week for 24 months = 1 year full time (1,560 hours)
full-time at more than 1 job: 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)
You must show that you did the duties set out in the occupational description in the NOC. This includes most of the main duties listed.

If you can’t show that your work experience meets the description in the NOC, you aren’t eligible under this program.
Who can apply: Federal skilled workers
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Old Oct 20th 2017, 2:02 pm
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Default Re: Urgent question re. NOC / EE PR

Sure - I know this.

My question is how does the 12 month continuous work if there have been pay rises / promotions?
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Old Oct 20th 2017, 2:46 pm
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Default Re: Urgent question re. NOC / EE PR

Originally Posted by LondonToVancouverGirl
Sure - I know this.

My question is how does the 12 month continuous work if there have been pay rises / promotions?
If I get a pay raise my job doesn't change. If I get a Promotion its usually a change of duties.

So the question should be is did your NOC duties change and do you have the required 12 months in that NOC?
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Old Oct 20th 2017, 2:51 pm
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Default Re: Urgent question re. NOC / EE PR

No, the NOC duties are the same - bar I have more work load per responsibility if that makes sense. But the core duties are the same.

Yes, 12 months.
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Old Oct 20th 2017, 2:55 pm
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Default Re: Urgent question re. NOC / EE PR

Originally Posted by LondonToVancouverGirl
No, the NOC duties are the same - bar I have more work load per responsibility if that makes sense. But the core duties are the same.

Yes, 12 months.
So then you should be OK.
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Old Oct 20th 2017, 2:59 pm
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Default Re: Urgent question re. NOC / EE PR

Even if my responsibilities increased? I.e. from generating 10 leads per month to doing 200, and closing a few sales to closing many?
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Old Oct 20th 2017, 3:12 pm
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Default Re: Urgent question re. NOC / EE PR

You must show that you did the duties set out in the occupational description in the NOC. This includes most of the main duties listed.

I think you are way overthinking this or getting bogged down.

Do the duties you are doing currently fall in the NOC you want to use?
Volume of work isn't really relevant as in my job I can stamp 20 passports a day or 2000 a day Im still doing the same job. My NOC doesn't change.
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Old Oct 20th 2017, 3:18 pm
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Default Re: Urgent question re. NOC / EE PR

Yeah I hear you. I feel the same - nothing about my role has fundamentally changed at all. Still doing sales & marketing. Just more of it with more authority to make decisions without having to wait for directors.

When I told an immigration lawyer this though, he told me that this rise in authority & pay meant a new NOC code, just because of more responsibility - rather than more duties. It doesn't seem logical to me at all but he was very negative about my 12 month employment as not qualifying.

Hence the worry. But I mean realistically everyone will increase in responsibility over their tenure, surely, and pay rises are hopefully frequent?!
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Old Oct 20th 2017, 3:53 pm
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Default Re: Urgent question re. NOC / EE PR

One point to be mindful of: it's the job duties which are the key factor in assessing the NOC Code. I don't know what documents or information you provided to the lawyer: there isn't enough information here to make a comment as to whether your promotion / change of duties (i.e. the content of the job) meant your new position better fit a different NOC than the one associated with what you were doing before you got promoted.

Last edited by Snowy560; Oct 20th 2017 at 3:56 pm.
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Old Oct 20th 2017, 4:13 pm
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Default Re: Urgent question re. NOC / EE PR

There wasn't a change of duties - just an increase of responsibility.

So I started out as looking after 10 Europe clients per month and helping generate leads for them. I now look after 50 Europe clients and generate leads for them. I have a pay rise because of this.
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Old Oct 20th 2017, 4:14 pm
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Default Re: Urgent question re. NOC / EE PR

The only evidence I have for employment is my job contract which is really vague and says 'Growth Coordinator' and then pay slips with show an incremental increase in funds over the year, but nothing else...
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Old Oct 23rd 2017, 2:42 pm
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Default Re: Urgent question re. NOC / EE PR

Originally Posted by LondonToVancouverGirl
The only evidence I have for employment is my job contract which is really vague and says 'Growth Coordinator' and then pay slips with show an incremental increase in funds over the year, but nothing else...
That may not be enough you will need a reference letter from the employer meeting the requirements set out here

Applications received on or after January 1, 2015, for permanent residence programs subject to the Express Entry completeness check

The following documents are mandatory for each work experience declared:
•a reference or experience letter from the employer, which ◦should be an official document printed on company letterhead (must include the applicant’s name, the company’s contact information [address, telephone number and email address], and the name, title and signature of the immediate supervisor or personnel officer at the company),
◦should indicate all positions held while employed at the company and must include the following details: job title, duties and responsibilities, job status (if current job), dates worked for the company, number of work hours per week and annual salary plus benefits;
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Old Oct 23rd 2017, 3:04 pm
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Default Re: Urgent question re. NOC / EE PR

Yes I can get my job reference letter - the issue is that the contract says a diff job title to the actual duties that I performed, which my job reference letter will describe.

The contract is extremely vague - the reference letter will obviously be in depth.

Is that sufficient?
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