Background
As readers of ImmPulse™ will be aware, the way that points are granted for permanent residence under Canada’s Express Entry system changed in November 2016. These changes affected various issues including credit for Canadian education as well as non-LMIA work permits, to secure needed points on the system.
One very important aspect of the changes was a leveling of the playing field with regard to the value of LMIA-based and non-LMIA-based work permits (such as, e.g. Intra-Company Transfers and NAFTA Professionals). Whereas previously, only LMIA-based work permits garnered points under ‘arranged employment’, now, non-LMIA work permits could garner such points as well (subject to certain requirements). However, there was a trade-off in that whether LMIA based (previously 600 points) or non-LMIA-based (previously 0 points), the value in all cases would now be 50 points.
There were two exceptions to the number of points available for arranged employment. One exception was points for those selected under a provincial nominee program, who continue to receive 600 points. The other exception was for those who occupied senior managerial positions, who receive 200 points. Clearly, garnering points in either of these ways is significant, and almost a certain guarantee of selection.
In terms of the senior managerial positions, such positions are those whose NOC Code starts with 00. The NOC Code is a 4-digit number assigned to every occupation which classifies the job based on sophistication and industry or area of expertise. Some examples of relevant NOCs would be NOC 0013: Senior Managers – financial, communication, and other business services, and NOC 0016: Senior Managers – construction, transportation, production and utilities.
What’s Changed
Now, as time goes on, we learn more about the interpretation and application of the rules – in this case, with regard to considerations vis-à-vis senior managers.
One issue which has undergone some consideration is the question of whether, for the purpose of garnering additional arranged employment points, the senior managerial position had to already be accounted for on a prior work permit, or whether it need only be accounted for moving forward, in the permanent residence application. The answer is: the prior work permit need not have already been based on a NOC 00 category.
That is to say, if there is someone working in Canada in a managerial position, but whose work permit was based on a position described by a NOC Code not staring with 00, that person can still get 200 arranged employment points, if their employer is prepared to confirm that the position will be senior managerial. Obviously, getting 200 points rather than 50 is extremely beneficial, if it can be substantiated.
What You Should Do
Key in the discussion above is that the fact that the position is senior managerial (vs. ‘ordinary’ managerial) must be substantiated. This will include the need for properly documenting the facts, ensuring that there is no misrepresentation, considerations of salary, and other elements.
If you are an employer with a prospective high-level permanent residence candidate, or you are a permanent residence candidate, and the above issues apply, you should take action to ensure that you can secure maximum points through proper documentation and substantiation. Failure to do so will mean that your employee/you are missing out on 150 valuable points, and therefore, maybe, permanent residence itself.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.