Failed Refugee Claimant, applying to Express Entry Skilled worker

[Mel2020]

Hi there, I'm afraid the work experience obtained while waiting for the outcome of your claim won't count under EE (CEC either FSW).
As per the Ministerial Instructions:

Work experience — requirements

15(7) For the purposes of this section,

(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; a https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html

 

[Bambi2019]

Thanks for the reply. Yes i did verify with them and I have exit form too. Hoping to apply soon.

hello Good day. I’m in this same predicament and I wanted to know if you would be willing to share how the process is going for you so far and if you could share a copy of what your letter seeking the ARC is like as I’m also about to apply for one.. thank you kindly

 

[David1905]

Make sure you declare the failed refugee claim in your application. You will also need to go through the ARC process as part of your Express Entry application to return. This will cost you an additional $400 in fees (assuminy you paid for your own flight to leave Canada) and processing of your EE application will take longer because of the ARC. Otherwise you should be fine.

Hi scylla,
Do you mind if I ask? I have been in canada for 6 years and have 5 years exp in Canada under study permit and work permit. However, last november my wife has apply for refugee program and i am accompany. Until then we havent had any hearing yet (not yet become a protected person due to decision hasnt been made). But now I git ITA from EE under CEC program (i have 5 years exp). So now am I able to also apply PR under CEC as well without withdrawing my refugee application? From what you pointed out my work exp gained during my temporary status not refugee claimant, then I should be legal to apply Under CEC?
Many thanks

 

[scylla]

Hi scylla,
Do you mind if I ask? I have been in canada for 6 years and have 5 years exp in Canada under study permit and work permit. However, last november my wife has apply for refugee program and i am accompany. Until then we havent had any hearing yet (not yet become a protected person due to decision hasnt been made). But now I git ITA from EE under CEC program (i have 5 years exp). So now am I able to also apply PR under CEC as well without withdrawing my refugee application? From what you pointed out my work exp gained during my temporary status not refugee claimant, then I should be legal to apply Under CEC?
Many thanks

Do you still hold a valid PGWP or do you have valid status in Canada under a different visa (e.g. visitor visa)?

 

[David1905]

Do you still hold a valid PGWP or do you have valid status in Canada under a different visa (e.g. visitor visa)?

Yes right now im still using my open work permit (based on my wife study permit)it is valid untill July 2021. We applied refugee program last November and got medical exam on December. Due to the padamic, the interview is delay to futher notification.

 

[scylla]

Yes right now im still using my open work permit (based on my wife study permit)it is valid untill July 2021. We applied refugee program last November and got medical exam on December. Due to the padamic, the interview is delay to futher notification.

I would recommend that you consult with a lawyer to determine what you need to do in order to apply under CEC and if the refugee application is going to create any challenges. This isn't a straight-forward situation and you would be best off getting legal advice. Good luck.

 

[David1905]

I would recommend that you consult with a lawyer to determine what you need to do in order to apply under CEC and if the refugee application is going to create any challenges. This isn't a straight-forward situation and you would be best off getting legal advice. Good luck.

Thanks you so much

 

[canuck78]

Yes right now im still using my open work permit (based on my wife study permit)it is valid untill July 2021. We applied refugee program last November and got medical exam on December. Due to the padamic, the interview is delay to futher notification.

@scylla Wouldn't filing for asylum have meant that the OWP and study permit were no longer valid and you'd need to file for a new WP and study permit as an asylum claimant?

 

[scylla]

@scylla Wouldn't filing for asylum have meant that the OWP and study permit were no longer valid and you'd need to file for a new WP and study permit as an asylum claimant?

No

 

[David1905]

No

I might be misunderstanding what you have said above. Do you mean that I'm still able to apply under CEC without withdrawing my refugee application? It's just hard and complex so that I need guide from a good laywer? If there is chance and even it's low I would love to give a try.

 

[canuck78]

No

Wouldn't the asylum claim take precedent at least for the primary applicant? Genuinely curious/confused.