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Is 1 year IEC enough for Canadian work experience?

tomtclai

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Oct 2, 2017
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I’m a software engineer from HK with 1 year foreign experience. I’m only eligible for a 1 year IEC because of my nationality. I’m hoping to apply for CEC once i have that 1 year of Canadian working experience. Which seems kinda daunting because I basically have to start working from day one. Has anyone done this before? Advices?
 

scylla

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For the vast majority it's not enough since (as you've said) most people don't have a job day 1.

You can try to get a closed work permit from your employer to allow you to remain in Canada longer and work. This will require the employer to obtain an LMIA - which is a long and involved process. The employer should start at least six months before the end of your work permit.
 
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tomtclai

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Oct 2, 2017
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For the vast majority it's not enough since (as you've said) most people don't have a job day 1.

You can try to get a closed work permit from your employer to allow you to remain in Canada longer and work. This will require the employer to obtain an LMIA - which is a long and involved process. The employer should start at least six months before the end of your work permit.
So if I go in to Canada on IEC, looking for jobs that will eventually lead to an LMIA.... What kind of companies should I target? is LMIA something that only large companies will support?
 

scylla

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So if I go in to Canada on IEC, looking for jobs that will eventually lead to an LMIA.... What kind of companies should I target? is LMIA something that only large companies will support?
Unfortunately there's no black and white answer to your question. Generally speaking, it tends to be very difficult to find employers willing to go through the LMIA process due to the time and expense it takes - and the fact there's no guarantee of approval. The first step of the LMIA process is for the employer to advertise the job for at least a month to prove no Canadian could be hired for the role (and yes - they have to do this even if you are already in the role).

Many large companies (e.g. all of the big banks) won't go through the process.
 

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The employer doesn't matter. What you need to do is to get your employer to submit an LMIA application via mail right before your work permit ends. Once you submit an application you will be able to legally work in Canada until a decision made on your LMIA application. This will buy you approximately 5 months (the processing time for LMIA applications via mail) so you can collect 52-week work experience for the CEC. Even if your application gets denied, you will already have acquired the work experience you need for the express entry.
Wow, this is so incorrect... this info will create an illegal worker who gets booted from Canada and will be ineligible to apply for PR.

Here's the correct info about implied status. It does not really help the OP at this time, however.
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp
 

scylla

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The employer doesn't matter. What you need to do is to get your employer to submit an LMIA application via mail right before your work permit ends. Once you submit an application you will be able to legally work in Canada until a decision made on your LMIA application. This will buy you approximately 5 months (the processing time for LMIA applications via mail) so you can collect 52-week work experience for the CEC. Even if your application gets denied, you will already have acquired the work experience you need for the express entry.
This is 100% wrong. Submitting an LMIA does NOT give someone implied status or allow them to keep legally working. They'll be out of status in Canada and working illegally as soon as their work permit expires. Illegal work cannot be counted as work experience towards any immigration program. The advice you've provided is a recipe for disaster and a great way to mess up someone's life and future in Canada.
 

Canm

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Sep 30, 2017
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This is 100% wrong. Submitting an LMIA does NOT give someone implied status or allow them to keep legally working. They'll be out of status in Canada and working illegally as soon as their work permit expires. Illegal work cannot be counted as work experience towards any immigration program. The advice you've provided is a recipe for disaster and a great way to mess up someone's life and future in Canada.
According to the information on the cic website, you seem to be incorrect. Here's how it is explain on the CIC website.

"A foreign national may work in Canada without a work permit"
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

Here's the link to the page: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
 

scylla

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According to the information on the cic website, you seem to be incorrect. Here's how it is explain on the CIC website.

"A foreign national may work in Canada without a work permit"
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

Here's the link to the page: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
Yep - we are all very familiar with this rule. 'Until a decision is made on an application' refers to a work permit extension - NOT the LMIA application. Once again, no implied status through an LMIA application.
 

Canm

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Sep 30, 2017
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Yep - we are all very familiar with this rule. 'Until a decision is made on an application' refers to a work permit extension - NOT the LMIA application. Once again, no implied status through an LMIA application.
Well this was a piece of information I was told by a legal immigration consultant. Thanks for correcting it. I will delete my post with that information in case it misleads someone else.