Termination Due to Gross Misconduct

[Umer@919]

Hi everyone, i recently had a situation where my employer terminated me and ceased my fixed term contract of 1 year after completing 10 months of experience. It is a NOC B job. I was only left with 2 months of experience to complete my experience to apply under CEC(Canadian Experience Class). The reason they mentioned in the letter is use of unprofessional words and condescending words and annoying behaviour. It was all unintentional and the respondent on the call was yelling and saying slang words that why you guys called me and i am not interested. I tried to calm myself and talked but he was too annoyed. I have all other Pay stubs for 10 months and T4 as well, along with an experience letter that they gave me previously but it has no ending date of the employment. It has only duties mentioned for the NOC and starting date. Can i include my experience of 10 months towards CEC to apply. I really need an answer for this matter

Thanks in Advance
Regards

 

[Umer@919]

Please help and reply me in this regard, As i spent a lot of time. I am freaking out of the situation
regards

 

[Shmiler]

The one year of experience does not need to be in one job. You can count your ten months towards your CEC requirement, but obviously need another couple of months to hit that magic one year point. The fact you were fired from the job does not alter the fact you still gained that experience. Obviously explaining that to a prospective employer is another matter.

As per the Canadian government website:

Canadian skilled work experience
You must

• have at least 1 year of skilled work experience in Canada (or an equal amount of part-time work experience) in the 3 years before you apply
• have gained your work experience by working in Canada while authorized to work under temporary resident status
• show that you performed the duties listed in the lead statement of the occupational description in the National Occupational Classification (NOC), including
  • all the essential duties
  • most of the main duties

Skilled work experience means that you’ve worked in 1 or more of these NOC training, education, experience and responsibilities (TEER) categories

• TEER 0
• TEER 1
• TEER 2
• TEER 3

When you click through to the "1 year of skilled work experience" it says this:

This means you worked a total of 30 hours per week for 1 year in the 3 years before you apply.

For example:

1. Full-time at 1 job
   Thirty hours per week for 12 months is equal to 1 year full-time (1,560 hours).
2. Equal amount in part-time work
   Fifteen hours per week for 24 months is equal to 1 year full time (1,560 hours)
   You can work as many part-time jobs as you need to meet this requirement.
3. Full-time work at more than 1 job
   Thirty hours per week for 12 months at more than 1 job is equal to 1 year full time (1,560 hours).
   We don’t count any hours you work above 30 hours per week.

 

[Umer@919]

The one year of experience does not need to be in one job. You can count your ten months towards your CEC requirement, but obviously need another couple of months to hit that magic one year point. The fact you were fired from the job does not alter the fact you still gained that experience. Obviously explaining that to a prospective employer is another matter.

As per the Canadian government website:

Canadian skilled work experience
You must

• have at least 1 year of skilled work experience in Canada (or an equal amount of part-time work experience) in the 3 years before you apply
• have gained your work experience by working in Canada while authorized to work under temporary resident status
• show that you performed the duties listed in the lead statement of the occupational description in the National Occupational Classification (NOC), including
  • all the essential duties
  • most of the main duties

Skilled work experience means that you’ve worked in 1 or more of these NOC training, education, experience and responsibilities (TEER) categories

• TEER 0
• TEER 1
• TEER 2
• TEER 3

When you click through to the "1 year of skilled work experience" it says this:

This means you worked a total of 30 hours per week for 1 year in the 3 years before you apply.

For example:

1. Full-time at 1 job
   Thirty hours per week for 12 months is equal to 1 year full-time (1,560 hours).
2. Equal amount in part-time work
   Fifteen hours per week for 24 months is equal to 1 year full time (1,560 hours)
   You can work as many part-time jobs as you need to meet this requirement.
3. Full-time work at more than 1 job
   Thirty hours per week for 12 months at more than 1 job is equal to 1 year full time (1,560 hours).
   We don’t count any hours you work above 30 hours per week.

Alright, thanks for your reply. I have all other pay stubs and reference letters and Duties are also mentioned in one of my previous experience letters which i used for Health Insurance. Can i include LOE(Letter of explanation) with that. It was all unintentional and i was about to Hung up the call as well. Will it effect My Application or will my experience will be counted towards. I will complete 2 or months to complete my 1 year before applying

 

[Shmiler]

As far as I'm aware you don't need to explain anything about the reason you left/were let go. You just have to have sufficient documentation to show you were in that job for the period of time you said you were (10 months) and that it fulfilled the criteria set out with regard to duties/NOC etc.

Just get another job, get your year of experience and apply. Don't worry.

 

[Umer@919]

As far as I'm aware you don't need to explain anything about the reason you left/were let go. You just have to have sufficient documentation to show you were in that job for the period of time you said you were (10 months) and that it fulfilled the criteria set out with regard to duties/NOC etc.

Just get another job, get your year of experience and apply. Don't worry.

Thanks

 

[ktakhan]

Alright, thanks for your reply. I have all other pay stubs and reference letters and Duties are also mentioned in one of my previous experience letters which i used for Health Insurance. Can i include LOE(Letter of explanation) with that. It was all unintentional and i was about to Hung up the call as well. Will it effect My Application or will my experience will be counted towards. I will complete 2 or months to complete my 1 year before applying

Hey! What's done is done, just take this lesson and learn from it, no need to kill yourself over this, since you can't change it. I don't think it will affect your PR application to be honest, just try getting another job and complete your 1 year experience. The most IRCC does is checking with the employer the fact that you indeed worked there, and they don't care about your performance or the reason why the employment terminated. You'll be ok!!!

 

[Umer@919]

Thanks

 

[Umer@919]

Principal Applicant submitted PR Application under family immigration program( Francophone Immigration)in the year 1998 and it was approved in the year 1999 and whole family became PR, All family members got Immigrant Visas Stamps and got a single COPR but due to financial constraints only principal applicant was able to land and got ROL( Record of Landing) , and he came back , His PR Status is still active , they found his record and he’s currently a PR, As per UCI IRCC got record of his Original application , All of the dependents were 2 and 3 years old who were included in the original application , My question is As per latest records confirmed by IRCC , will the dependents be able to get PR based on the principal applicants landing or not ? That’s the situation right now of our family , we were unable to travel back to Canada and put the same situation as our father was unable to travel to Canada due to his medical condition and he also lost his Landing papers , but he’s still Pr as per 2024
Regards

 

[scylla]

Principal Applicant submitted PR Application under family immigration program( Francophone Immigration)in the year 1998 and it was approved in the year 1999 and whole family became PR, All family members got Immigrant Visas Stamps and got a single COPR but due to financial constraints only principal applicant was able to land and got ROL( Record of Landing) , and he came back , His PR Status is still active , they found his record and he’s currently a PR, As per UCI IRCC got record of his Original application , All of the dependents were 2 and 3 years old who were included in the original application , My question is As per latest records confirmed by IRCC , will the dependents be able to get PR based on the principal applicants landing or not ? That’s the situation right now of our family , we were unable to travel back to Canada and put the same situation as our father was unable to travel to Canada due to his medical condition and he also lost his Landing papers , but he’s still Pr as per 2024
Regards

The whole family did not become PRs. They all got landing papers.

However only the principal applicant became a PR. The rest of the family did not. It's too late for the dependents to get PR from their father at this point. They are adults now. They will need to qualify for PR on their own through an economic immigration stream like Express Entry. No, they cannot get PR based on the principal applicant's landing.