+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Work Experience During Implied Status 2020 Edition

pulkitkumar190

Hero Member
Jan 28, 2017
242
56
Toronto
Category........
CEC
NOC Code......
2174
Hi folks,
We have numerous threads in this forum ranging from different opinions. I am creating this singular thread, which you all can update, and work on for only discussing
"Does the work experience gained during implied status, valid for the meeting the 12 Months requirements?"

For speculation, here are some custom/random values generated. These are not true for me at all.

  • Graduation Date:- December 2018

  • TRV Ending: - 31st April 2019 (The sticker on passport, saying the end date for you to remain in Canada)
  • Graduation Document received and Applied for PGWP:- 15th Jan 2019
  • Started working NOC (O, A or B) Level Job:- 16th Jan 2019
  • PGWP Approved:- 1st April 2019
Now in the above case according to this CIC Website, this manual is used by the Immigration officer
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience.html

PLEASE DO NOTE THE Date modified: 2019-05-30

Which implies that it is the latest document.

Moreover, people linking this webpage https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html in other threads are quoting rules from 2014, which are not at all valid as of Jan 2020.

So, let's decipher the current upto date immigration laws as of Jan 2020.
If you all kind folks, please take a look at this link here:- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html
Scroll all the way to the bottom and see the Date Modified, just in case:-
Date modified: 2020-01-10
So I am assuming this, is latest rules and regulations concerning Express Entry, which has a sub class CEC(Canadian Experience Class).

Now if you are at that site, search for "Work experience — requirements" (Now the there are only 2 terms in whole site for that search, 1st one is rules for people who are single, 2nd one for those who are married or applying as a couple). I am single, and showing that use-case here, for now.

As we read the data: -


Work experience — requirements
(7) For the purposes of this section,

  • (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
  • (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
  • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
  • (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

Here I am focusing on points for the above-mentioned person: -

a) Was not full time student, when started working full time (Good)
b) Not Self-employed, or unauthorized work as they were covered under implied status.
c) As TRV was expiring on 31st April 2019, and PGWP was approved before that, this is also good.
d) Full time work, 40 hr/week (Good)

So, in short, my understanding is, the above person can count the experience under implied status and can submit Express Entry profile on 16th January 2020.
 
  • Like
Reactions: thandong19

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi folks,
We have numerous threads in this forum ranging from different opinions. I am creating this singular thread, which you all can update, and work on for only discussing
"Does the work experience gained during implied status, valid for the meeting the 12 Months requirements?"

For speculation, here are some custom/random values generated. These are not true for me at all.

  • Graduation Date:- December 2018

  • TRV Ending: - 31st April 2019 (The sticker on passport, saying the end date for you to remain in Canada)
  • Graduation Document received and Applied for PGWP:- 15th Jan 2019
  • Started working NOC (O, A or B) Level Job:- 16th Jan 2019
  • PGWP Approved:- 1st April 2019
Now in the above case according to this CIC Website, this manual is used by the Immigration officer
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience.html

PLEASE DO NOTE THE Date modified: 2019-05-30

Which implies that it is the latest document.

Moreover, people linking this webpage https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html in other threads are quoting rules from 2014, which are not at all valid as of Jan 2020.

So, let's decipher the current upto date immigration laws as of Jan 2020.
If you all kind folks, please take a look at this link here:- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html
Scroll all the way to the bottom and see the Date Modified, just in case:-
Date modified: 2020-01-10
So I am assuming this, is latest rules and regulations concerning Express Entry, which has a sub class CEC(Canadian Experience Class).

Now if you are at that site, search for "Work experience — requirements" (Now the there are only 2 terms in whole site for that search, 1st one is rules for people who are single, 2nd one for those who are married or applying as a couple). I am single, and showing that use-case here, for now.

As we read the data: -


Work experience — requirements
(7) For the purposes of this section,

  • (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
  • (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
  • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
  • (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

Here I am focusing on points for the above-mentioned person: -

a) Was not full time student, when started working full time (Good)
b) Not Self-employed, or unauthorized work as they were covered under implied status.
c) As TRV was expiring on 31st April 2019, and PGWP was approved before that, this is also good.
d) Full time work, 40 hr/week (Good)

So, in short, my understanding is, the above person can count the experience under implied status and can submit Express Entry profile on 16th January 2020.
There really isn't any discussion needed. It is known that work experience gained while waiting for a PGWP to be approved is accepted.
 
  • Like
Reactions: jes_ON

pulkitkumar190

Hero Member
Jan 28, 2017
242
56
Toronto
Category........
CEC
NOC Code......
2174
There really isn't any discussion needed. It is known that work experience gained while waiting for a PGWP to be approved is accepted.
Sorry I didn't knew that, as there are multiple threads, with various speculations. Some were even quoting old laws, so I thought something timestamped might help someone :)
 
  • Like
Reactions: thandong19

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hi folks,
We have numerous threads in this forum ranging from different opinions. I am creating this singular thread, which you all can update, and work on for only discussing
"Does the work experience gained during implied status, valid for the meeting the 12 Months requirements?"

As canuck_in_uk stated, there is no debate, only a lot of misinformation which can be expected on an internet forum (combined with IRCC´s failure to clearly address this specific concern).

I want to (try to) simplify this for you -

According to the ministerial instructions you posted:

  • (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
  • (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
  • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
The point is that the work experience must (a) not be while studying (b) be authorized, and (c) while holding valid temporary resident status.

The rules for PGWPs clearly state that work experience is AUTHORIZED as soon as the PGWP application is submitted. (Scroll to the bottom of this page), as long as the the other conditions are met (e.g. study permit is still valid).

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/permit.html

Therefore, the work experience gained after submitting the PGWP application (as long as it is eligible, e.g. is approved) meets the requirements of (a) no longer a student, (b) AUTHORIZED WORK EXPERIENCE, and (c) holding valid temporary residence status. It is more complicated for people who don´t meet the conditions to work after submitting the PGWP, but those cases seem to be rare.

And yes, rules do change over time, which is why it is so important to get the information straight from IRCC rather than dredging up old threads on an internet forum.

Hope this helps.
 
Last edited:
  • Like
Reactions: pulkitkumar190

dipen135

Full Member
Jun 15, 2019
22
3
Category........
CEC
I applied for PGWP on 09 june 2018 and started working on 11 june 2018 but my work permit got rejected on 25 july 2018 as i did not submit adequate documents . But, i did flag polling at Niagara border on 26th july 2018 and got my work permit. My question is do i calculate my work experience during 09 june to 25 july????
 
Last edited:

pulkitkumar190

Hero Member
Jan 28, 2017
242
56
Toronto
Category........
CEC
NOC Code......
2174
I applied for PGWP on 09 june 2018 and started working on 11 june 2018 but my work permit got rejected on 25 july 2018 as i did not submit adequate documents . But, i did flag polling at Niagara border on 26th july 2018 and got my work permit. My question is do i calculate my work experience during 09 june to 25 july????
I think you can