Breaks in 1 year continuous work experience

[flanerie017]

Hi,

I started working full-time in June 2017. I took 3 weeks paid vacation to travel in August 2017 and another 3 weeks vacation to travel in October 2017.

Is 6 weeks vacation allowed in 1-year of continuous full-time work experience to meet the express entry requirement? OR do I need to start all over again to build my work experience?

 

[jes_ON]

Hi,

I started working full-time in June 2017. I took 3 weeks paid vacation to travel in August 2017 and another 3 weeks vacation to travel in October 2017.

Is 6 weeks vacation allowed in 1-year of continuous full-time work experience to meet the express entry requirement? OR do I need to start all over again to build my work experience?

You didn't say if the 2nd vacation was paid vacation or not. If not, and it was an unpaid leave of absence, you only need to exclude those 3 weeks from your experience. So just work 1 year + 3 weeks (55 weeks) and you will meet the 1 year criteria.

 

[Jasleensimar]

You didn't say if the 2nd vacation was paid vacation or not. If not, and it was an unpaid leave of absence, you only need to exclude those 3 weeks from your experience. So just work 1 year + 3 weeks (55 weeks) and you will meet the 1 year criteria.

In dat case it wiuld not be continous wrk for 1 year

 

[Raz0r]

Hi,

I started working full-time in June 2017. I took 3 weeks paid vacation to travel in August 2017 and another 3 weeks vacation to travel in October 2017.

Is 6 weeks vacation allowed in 1-year of continuous full-time work experience to meet the express entry requirement? OR do I need to start all over again to build my work experience?

Essentially if the vacations you had were paid, then you are good to go. Else you need to compensate for the unpaid vacation (eg: 20 days) by working extra days(eg: 20 days) and bringing it to the 1-year continuous work experience. Good luck.

 

[jes_ON]

In dat case it wiuld not be continous wrk for 1 year

Don't know if the OP is talking about foreign work experience or Canadian work experience -
(a) does not have to be continuous if it is Canadian work experience
(b) generally as long as the individual were still considered an employee (even if on an unpaid leave) it would not be considered discontinuous.

Don't know enough about the OP's situation to know whether this is an issue.

 

[Prakash17]

@Raz0r @jes_ON :: Congrats on your PR. Please Please can you help:

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1) Working on Contract Projects in IT (USA)

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A) Main Company A: Oct 2013 -- May 2015 .. (OPT + H1B)

-- Oct 2013 - July 2014 ==> Paid (Client 1)
-- Aug 2014 -- Sep 2014 ==> NO PAY .. (transition between project + on OPT-EAD)
-- Sep 2014 - May 2015 ==> Paid (Client 2)

Question) After the No-Pay Period, I was working with the same employer
A) Can I consider the time: [Oct 2013 - July 2014 (9 months) ]+ [Sep 2014 - Nov 2014 (3 months)] towards the 1 Year continuous employment eligibility for FSW OR Is this break period too long ?

PS: I read in the above post:
(b) generally as long as the individual were still considered an employee (even if on an unpaid leave) it would not be considered discontinuous.

----------------------------------------
PS: I know that in the past (during 2010 times), short breaks in-between contracts were acceptable
(https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2010/173-january-8-2010.html)

Does this rule apply now as well. In my case I am considering working in the same NOC after the break period as well.

----------------------------------------


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Switch from Company A to B (June & July) -- No Pay:

---------------------------------------------------------------------------------------------------------------------------------

B) Main Company B: July 2015 --Jan 2017 .. (H1B)

-- Aug 2015 -- March 2016 ==> Paid
-- April 2016 ==> Not Paid
-- May 2016 -- Feb 2017 ==> Paid

---------------------------------------------------------------------------------------------------------------------------------

 

[DelPiero07]

@Raz0r @jes_ON :: Congrats on your PR. Please Please can you help:

-------------------------------------------------------------------------------------------------------------------------------
1) Working on Contract Projects in IT (USA)

---------------------------------------------------------------------------------------------------------------------------------
A) Main Company A: Oct 2013 -- May 2015 .. (OPT + H1B)

-- Oct 2013 - July 2014 ==> Paid (Client 1)
-- Aug 2014 -- Sep 2014 ==> NO PAY .. (transition between project + on OPT-EAD)
-- Sep 2014 - May 2015 ==> Paid (Client 2)

Question) After the No-Pay Period, I was working with the same employer
A) Can I consider the time: [Oct 2013 - July 2014 (9 months) ]+ [Sep 2014 - Nov 2014 (3 months)] towards the 1 Year continuous employment eligibility for FSW OR Is this break period too long ?

PS: I read in the above post:
(b) generally as long as the individual were still considered an employee (even if on an unpaid leave) it would not be considered discontinuous.

----------------------------------------
PS: I know that in the past (during 2010 times), short breaks in-between contracts were acceptable
(https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2010/173-january-8-2010.html)

Does this rule apply now as well. In my case I am considering working in the same NOC after the break period as well.

----------------------------------------


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Switch from Company A to B (June & July) -- No Pay:

---------------------------------------------------------------------------------------------------------------------------------

B) Main Company B: July 2015 --Jan 2017 .. (H1B)

-- Aug 2015 -- March 2016 ==> Paid
-- April 2016 ==> Not Paid
-- May 2016 -- Feb 2017 ==> Paid

---------------------------------------------------------------------------------------------------------------------------------

Break in continuity is too considerable. If you were to create a profile you would have to purposely include the period that in which you received no pay as valid work experience to be eligible in the first place.

 

[Prakash17]

Break in continuity is too considerable. If you were to create a profile you would have to purposely include the period that in which you received no pay as valid work experience to be eligible in the first place.

@DelPiero07: Thanks for your response.

In that case if I consider my Work Experience in Company B towards claiming the 1 Year of continuous employment eligibility, will a 1 month (4 weeks OR 3.5 weeks) break of UNPAID VACATION (NO PAY in April) be acceptable ?

Thus can I claim: [Aug 2015 - March 2016 (8 months) + May 2016 - Aug 2016 (4 months)] towards the 1 Year of Continuous employment eligibility ?

---------------------------------------------------------------------------------------------------------------------------------

B) Main Company B: July 2015 --Jan 2017 .. (H1B)

-- Aug 2015 -- March 2016 ==> Paid
-- April 2016 ==> Not Paid
-- May 2016 -- Feb 2017 ==> Paid

---------------------------------------------------------------------------------------------------------------------------------

 

[DelPiero07]

@DelPiero07: Thanks for your response.

In that case if I consider my Work Experience in Company B towards claiming the 1 Year of continuous employment eligibility, will a 1 month (4 weeks OR 3.5 weeks) break of UNPAID VACATION (NO PAY in April) be acceptable ?

Thus can I claim: [Aug 2015 - March 2016 (8 months) + May 2016 - Aug 2016 (4 months)] towards the 1 Year of Continuous employment eligibility ?

---------------------------------------------------------------------------------------------------------------------------------

B) Main Company B: July 2015 --Jan 2017 .. (H1B)

-- Aug 2015 -- March 2016 ==> Paid
-- April 2016 ==> Not Paid
-- May 2016 -- Feb 2017 ==> Paid

---------------------------------------------------------------------------------------------------------------------------------

My answer is the same, you'd be counting unpaid work experience in your profile as valid work experience in order to meet the eligibility criteria. Sure, other applicants have purposely done that in order to be able to apply but I won't provide advice on how to take such approach.

 

[Prakash17]

My answer is the same, you'd be counting unpaid work experience in your profile as valid work experience in order to meet the eligibility criteria. Sure, other applicants have purposely done that in order to be able to apply but I won't provide advice on how to take such approach.

@DelPiero07: Thanks for your response.

I was reading this discussion
(https://www.canadavisa.com/canada-immigration-discussion-board/threads/breaks-in-1-year-continuous-work-experience.525757/)
where they are saying that if the break is kinda short .. (about few weeks say (~3 weeks) and not months long), then one can come back from that short break and make up for it by working extra for that same amount of unpaid time, to have that entire time be considered continuous towards the 1 Year continuous eligibility requirement .. (In my case 52 + 4 weeks = 56 weeks). Hence I would be considering the 56 weeks of continuous work towards the 1 Year continuous employment eligibility. Had the break been long, then theres no way I can claim eligibility by working that extra amount.

Question) Is a break period of 3.5 - 4 weeks considered acceptable ?

 

[DelPiero07]

If you are set on claiming such work experience as continuous then go for it, my answer remains the same.

There are situations in which considerable breaks in continuity (i'm talking months here) are acceptable but so far you have not mentioned anything that would suggest this applies to you. I will not post any further as I do not want to provide hints on how to go around this requirement.

 

[Prakash17]

If you are set on claiming such work experience as continuous then go for it, my answer remains the same.

There are situations in which considerable breaks in continuity (i'm talking months here) are acceptable but so far you have not mentioned anything that would suggest this applies to you. I will not post any further as I do not want to provide hints on how to go around this requirement.

@DelPiero07: Appreciate your response. Thanks .. Would it be possible
for you to add me on whatsapp (+1-803-931-6791) / Join this WhatsApp Group :
https://www.canadavisa.com/canada-immigration-discussion-board/threads/new-whatsapp-group-if-there-isnt-any-existing-one.534837/
.. I saw that you are already a Canadian Permanent Resident .. Your advice would be highly appreciated ..

 

[Prakash17]

Hi @DelPiero07: Would it be possible for you to provide advice on this.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Masters Degree in Computer Science (USA) + Graduate Assistant

Teaching Assistantship + Research Assistantship (20 months:: Aug 2010 -- April 2012) - Continuous :
Fall 2010 (TA, 20 hrs/week, NOC-4012) + Spring 2011 (TA, 20 hrs/week, NOC-4012) + Summer 2011 (RA, NOC-4012) + Fall 2011 (TA, 20 hrs/week, NOC-4012) + Spring 2012 (TA, 20 hrs/week, NOC-4012)

Research Assistantship :
Summer 2011 (40 hrs/week OR 20 hrs/week ==> (I think it was 40 hrs/week since International Students can work till 40 hrs/week during Summers/Breaks)

Summer 2012: Internship@Software Development Company:

Remaining Teaching Assistantship (8 months:: Aug 2012 -- April 2013)
Fall 2012 (TA, 20 hrs/week, NOC-4012) + Spring 2013 (TA, 20 hrs/week, NOC-4012)

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Summary of TA/RA + Summer Internship:

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
Summer 2012 Internship (40 hrs/week, NOC-217x): May 2012 -- Aug 2012
+
8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013

Question) I got a Paid Work Experience during the Summer 2012 Internship but different NOC. Since TA/RA is part time I am trying to claim its Full-Time Equivalent via (24 or 20 months say). If I explain the Summer 2012 Break situation, and then say that after I came back I resumed my TA duties in the same department as I had been working ==> Can I claim

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
4-5 months TA (20 hrs/week, NOC-4012): Aug 2012 -- Nov 2012 .... from (8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013)

towards the 1 Year of contunuous employment FSW eligibility ?

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[noscaf2014]

Hi @DelPiero07: Would it be possible for you to provide advice on this.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Masters Degree in Computer Science (USA) + Graduate Assistant

Teaching Assistantship + Research Assistantship (20 months:: Aug 2010 -- April 2012) - Continuous :
Fall 2010 (TA, 20 hrs/week, NOC-4012) + Spring 2011 (TA, 20 hrs/week, NOC-4012) + Summer 2011 (RA, NOC-4012) + Fall 2011 (TA, 20 hrs/week, NOC-4012) + Spring 2012 (TA, 20 hrs/week, NOC-4012)

Research Assistantship :
Summer 2011 (40 hrs/week OR 20 hrs/week ==> (I think it was 40 hrs/week since International Students can work till 40 hrs/week during Summers/Breaks)

Summer 2012: Internship@Software Development Company:

Remaining Teaching Assistantship (8 months:: Aug 2012 -- April 2013)
Fall 2012 (TA, 20 hrs/week, NOC-4012) + Spring 2013 (TA, 20 hrs/week, NOC-4012)

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Summary of TA/RA + Summer Internship:

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
Summer 2012 Internship (40 hrs/week, NOC-217x): May 2012 -- Aug 2012
+
8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013

Question) I got a Paid Work Experience during the Summer 2012 Internship but different NOC. Since TA/RA is part time I am trying to claim its Full-Time Equivalent via (24 or 20 months say). If I explain the Summer 2012 Break situation, and then say that after I came back I resumed my TA duties in the same department as I had been working ==> Can I claim

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
4-5 months TA (20 hrs/week, NOC-4012): Aug 2012 -- Nov 2012 .... from (8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013)

towards the 1 Year of contunuous employment FSW eligibility ?

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

For IRCC purposes, 1 full-time week is 30 hours/week. So, 1 part-time week with 20 hours/week = 2/3 of a full-time week.
Therefore, if you have 20 months TA/RA (continuous, paid, 20 hrs/week, NOC 4012), that gives you 2/3 x 20 x 4 = 52+ full-time weeks which is above the required 1 year.
Please note that this is an estimate and you may have to count the actual number of weeks you worked for 20 hours/week in 8/2010-4/2012 and multiply by 2/3. If the equivalent is more than 52 full-time weeks, you should not worry about the break you had in Summer 2012 as it will be after you satisfied the 1 year requirement. Good Luck!

 

[DelPiero07]

Hi @DelPiero07: Would it be possible for you to provide advice on this.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Masters Degree in Computer Science (USA) + Graduate Assistant

Teaching Assistantship + Research Assistantship (20 months:: Aug 2010 -- April 2012) - Continuous :
Fall 2010 (TA, 20 hrs/week, NOC-4012) + Spring 2011 (TA, 20 hrs/week, NOC-4012) + Summer 2011 (RA, NOC-4012) + Fall 2011 (TA, 20 hrs/week, NOC-4012) + Spring 2012 (TA, 20 hrs/week, NOC-4012)

Research Assistantship :
Summer 2011 (40 hrs/week OR 20 hrs/week ==> (I think it was 40 hrs/week since International Students can work till 40 hrs/week during Summers/Breaks)

Summer 2012: Internship@Software Development Company:

Remaining Teaching Assistantship (8 months:: Aug 2012 -- April 2013)
Fall 2012 (TA, 20 hrs/week, NOC-4012) + Spring 2013 (TA, 20 hrs/week, NOC-4012)

-----------------------------------------------------------------------------------------------------------------------------------------------------------------
Summary of TA/RA + Summer Internship:

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
Summer 2012 Internship (40 hrs/week, NOC-217x): May 2012 -- Aug 2012
+
8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013

Question) I got a Paid Work Experience during the Summer 2012 Internship but different NOC. Since TA/RA is part time I am trying to claim its Full-Time Equivalent via (24 or 20 months say). If I explain the Summer 2012 Break situation, and then say that after I came back I resumed my TA duties in the same department as I had been working ==> Can I claim

20 months TA/RA (20 hrs/week, NOC-4012): Aug 2010 -- April 2012
+
4-5 months TA (20 hrs/week, NOC-4012): Aug 2012 -- Nov 2012 .... from (8 months TA(20 hrs/week, NOC-4012): Aug 2012 - April 2013)

towards the 1 Year of contunuous employment FSW eligibility ?

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

If the calculation above is correct (too lazy to do it myself) then your work experience from August 2010 - April 2012 would be sufficient to claim the equivalent of a year of full-time work experience.

If not then if the nature of your job (TA) prevents you from meeting the continuity requirement then you can write a letter of explanation for IRCC to consider your work experience as continuous from Aug 2010 to Nov 2012.