Additional Documents request letter from IRCC to prove my work experience

[Rasputin666]

Hi @legalfacon, can you please help me with my query? Waited for 13 months after AOR, I finally see IRCC work on my application but get even more worried. Today IRCC asked me to provide additional documents (my company's LOE, all pay stubs, T4s, bank statements with my employer's payment) to prove my eligibility, as they doubt if I had enough continuous 1-year work experience to apply through Express Entry with FSW streamline.

I actually applied for Express Entry PNP with the FSW stream, which means I need to satisfy the minimum requirement for FSW. My nomination was issued by BC for international post-graduate (the master's program) which actually doesn't need any work experience. To satisfy the minimum work requirement for FSW, I did some research and found I could use my student work experience to count towards the minimum work requirement. You can see my clear timeline below:

May 2019 to Dec 2019, 8 months paid full-time Co-op work with a Co-op work permit.
Jan 2020 to May 2020, I was back to school to finish my last master's semester and also worked part-time with the same company and same job position.
May 2020 to Sep 2020, I kept working in the same company on a full-time basis with a post-graduate work permit.

I actually did the clear calculation for the work hours I had and made sure the total work hours were satisfied the 1560 hrs requirement (like 30 hrs/week as max). I also called the IRCC agent who confirmed I could proceed with my application as Express Entry before I created my EE profile. So can you please provide some of your understanding on my case which will be much appreciated:

(1) Do I really satisfy the minimum FSW eligibility requirement?
(2) If so, what detail shall I include in the current requested letter of employment?
(3) Since the letter today requests me to provide bank statements and pay stubs for 2021 as well, does it mean IRCC even counts work hours after AOR if I didn't satisfy the requirement at that time, for God's mercy.

I have stayed in this forum for a year and see you are so kind to provide numerous help. I really want to say thank you regardless of what the final decision is.

 

[lordTAS]

@legalfalcon

 

[AishB]

Hi @legalfacon, can you please help me with my query? Waited for 13 months after AOR, I finally see IRCC work on my application but get even more worried. Today IRCC asked me to provide additional documents (my company's LOE, all pay stubs, T4s, bank statements with my employer's payment) to prove my eligibility, as they doubt if I had enough continuous 1-year work experience to apply through Express Entry with FSW streamline.

I actually applied for Express Entry PNP with the FSW stream, which means I need to satisfy the minimum requirement for FSW. My nomination was issued by BC for international post-graduate (the master's program) which actually doesn't need any work experience. To satisfy the minimum work requirement for FSW, I did some research and found I could use my student work experience to count towards the minimum work requirement. You can see my clear timeline below:

May 2019 to Dec 2019, 8 months paid full-time Co-op work with a Co-op work permit.
Jan 2020 to May 2020, I was back to school to finish my last master's semester and also worked part-time with the same company and same job position.
May 2020 to Sep 2020, I kept working in the same company on a full-time basis with a post-graduate work permit.

I actually did the clear calculation for the work hours I had and made sure the total work hours were satisfied the 1560 hrs requirement (like 30 hrs/week as max). I also called the IRCC agent who confirmed I could proceed with my application as Express Entry before I created my EE profile. So can you please provide some of your understanding on my case which will be much appreciated:

(1) Do I really satisfy the minimum FSW eligibility requirement?
(2) If so, what detail shall I include in the current requested letter of employment?
(3) Since the letter today requests me to provide bank statements and pay stubs for 2021 as well, does it mean IRCC even counts work hours after AOR if I didn't satisfy the requirement at that time, for God's mercy.

I have stayed in this forum for a year and see you are so kind to provide numerous help. I really want to say thank you regardless of what the final decision is.

- Not an expert but the work experience needs to be paid even if it is student experience. Did you work full time or part time ?
- FSW requires full time paid continuous work experience.

 

[Rasputin666]

- Not an expert but the work experience needs to be paid even if it is student experience. Did you work full time or part time ?
- FSW requires full time paid continuous work experience.

Thanks for your reply, any comments would be appreciated. Like more than a year ago when I read the minimum requirement of FSW program, it said:

Part-time work experience
Your skilled work experience must be paid work including paid wages or earned commission. We don’t count volunteer work or unpaid internships.

For part-time work, you can work more or less than 15 hours/week as long as it adds up to 1,560 hours. You can work more than 1 part-time job to get the hours you need to apply.

We don’t count any hours you work above 30 hours/week.

which can be seen at this minimum requirement link.

All my work experience is paid and my employments was continuous with the same job duties and the same company. I know it was a risk and not a common application so I want to seek if there is any clarification on it.

 

[Rasputin666]

@legalfalcon

Thanks dude

 

[legalfalcon]

Hi @legalfacon, can you please help me with my query? Waited for 13 months after AOR, I finally see IRCC work on my application but get even more worried. Today IRCC asked me to provide additional documents (my company's LOE, all pay stubs, T4s, bank statements with my employer's payment) to prove my eligibility, as they doubt if I had enough continuous 1-year work experience to apply through Express Entry with FSW streamline.

I actually applied for Express Entry PNP with the FSW stream, which means I need to satisfy the minimum requirement for FSW. My nomination was issued by BC for international post-graduate (the master's program) which actually doesn't need any work experience. To satisfy the minimum work requirement for FSW, I did some research and found I could use my student work experience to count towards the minimum work requirement. You can see my clear timeline below:

May 2019 to Dec 2019, 8 months paid full-time Co-op work with a Co-op work permit.
Jan 2020 to May 2020, I was back to school to finish my last master's semester and also worked part-time with the same company and same job position.
May 2020 to Sep 2020, I kept working in the same company on a full-time basis with a post-graduate work permit.

I actually did the clear calculation for the work hours I had and made sure the total work hours were satisfied the 1560 hrs requirement (like 30 hrs/week as max). I also called the IRCC agent who confirmed I could proceed with my application as Express Entry before I created my EE profile. So can you please provide some of your understanding on my case which will be much appreciated:

(1) Do I really satisfy the minimum FSW eligibility requirement?
(2) If so, what detail shall I include in the current requested letter of employment?
(3) Since the letter today requests me to provide bank statements and pay stubs for 2021 as well, does it mean IRCC even counts work hours after AOR if I didn't satisfy the requirement at that time, for God's mercy.

I have stayed in this forum for a year and see you are so kind to provide numerous help. I really want to say thank you regardless of what the final decision is.

See https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=394&top=29

 

[Rasputin666]

See https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=394&top=29

Thanks for your quick reply. Yea I have read the link you upload for dozens of time, even before I submitted my application. I have to take it really serious now because it is a Procedural Fairness Letter and I don't believe I have any problem for eligibility evaluation.

Can you please confirm the following two work period satisfy the minimum requirement of FSW?

1. Full time paid Co-op student work from May 2019 to Dec 2019
2. Part time paid work when I went back to study and finish my last semester of the degree, from Jan 2020 to May 2020

 

[upon]

@legalfalcon please put your input here.

 

[legalfalcon]

Thanks for your quick reply. Yea I have read the link you upload for dozens of time, even before I submitted my application. I have to take it really serious now because it is a Procedural Fairness Letter and I don't believe I have any problem for eligibility evaluation.

Can you please confirm the following two work period satisfy the minimum requirement of FSW?

1. Full time paid Co-op student work from May 2019 to Dec 2019
2. Part time paid work when I went back to study and finish my last semester of the degree, from Jan 2020 to May 2020

To provide any inputs, your documents and the name of the work as well as your status during that time have to be seen.


[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[samirsam]

Thanks for your quick reply. Yea I have read the link you upload for dozens of time, even before I submitted my application. I have to take it really serious now because it is a Procedural Fairness Letter and I don't believe I have any problem for eligibility evaluation.

Can you please confirm the following two work period satisfy the minimum requirement of FSW?

1. Full time paid Co-op student work from May 2019 to Dec 2019
2. Part time paid work when I went back to study and finish my last semester of the degree, from Jan 2020 to May 2020

This is just my opinion doesn't necessarily mean it's correct.


1- No you can't count since its not one year of continuous work experience

2- Part-time during masters is eligible but worth half, also it should be continuous.

You mentioned
Jan 2020 to May 2020, I was back to school to finish my last master's semester and also worked part-time with the same company and same job position. ( 4 months partime which during studies is also half )
May 2020 to Sep 2020, I kept working in the same company on a full-time basis with a post-graduate work permit. ( you have 4 months here).

According to these, you are not eligible, but that's only my opinion.

 

[Rasputin666]

To provide any inputs, your documents and the name of the work as well as your status during that time have to be seen.


[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

So three periods of work as below:

1. May 2019 to Dec 2019: I worked as Co-op Student (NOC 2131) based on a Co-op work permit, total 8 months
2. Jan 2020 to May 2020 : I worked as Student EIT (NOC 2131) less than 20 hours per week, with the same position and same job duties, total 5 months. This work followed the rules required in my Study Permit.
3. May 2020 until AOR in October 2020: My work contract kept extended with the same job position and duties as a Graduate EIT (NOC 2131). This period was only different that I applied the PGWP and worked full-time again. The total was 8 months.

All these three periods were continuous since my contract was extended without gap and I kept working in the same company with the same position and job duties.

 

[legalfalcon]

So three periods of work as below:

1. May 2019 to Dec 2019: I worked as Co-op Student (NOC 2131) based on a Co-op work permit, total 8 months
2. Jan 2020 to May 2020 : I worked as Student EIT (NOC 2131) less than 20 hours per week, with the same position and same job duties, total 5 months. This work followed the rules required in my Study Permit.
3. May 2020 until AOR in October 2020: My work contract kept extended with the same job position and duties as a Graduate EIT (NOC 2131). This period was only different that I applied the PGWP and worked full-time again. The total was 8 months.

All these three periods were continuous since my contract was extended without gap and I kept working in the same company with the same position and job duties.

I cannot provide any further inputs since I am not privy to your documents. From your initial post to the one now, you have provided multiple differing information. If you are in doubt, you should consult an immigration lawyer to access your case. The forum is there to provide general guidance and not tailored advice, and neither can it be a substitute for professional advice.


[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[Rasputin666]

This is just my opinion doesn't necessarily mean it's correct.


1- No you can't count since its not one year of continuous work experience

2- Part-time during masters is eligible but worth half, also it should be continuous.

You mentioned
Jan 2020 to May 2020, I was back to school to finish my last master's semester and also worked part-time with the same company and same job position. ( 4 months partime which during studies is also half )
May 2020 to Sep 2020, I kept working in the same company on a full-time basis with a post-graduate work permit. ( you have 4 months here).

According to these, you are not eligible, but that's only my opinion.

Thank you for your opinion. I get it and now I know it's a blind zone in the FSW programme that even some immigration consultants have the same opinions. But I also got some supports from them and finally hired one to respond to the PFL. It's very risky to follow my path but I would give it a try.

I counted all work hours I had from May 2019, and work hours wouldn't be a trouble. My only concern was whether I could use student and part-time work experience to apply, and my immigration consultant found some clauses in the immigration law that I could. The only problem would be continuity.

The tricky thing is all my works were continuous, they were named separated because of the legal status (by Co-op work permit, Study Permit, Post-Graduate Work Permit). I got the same job duties as a junior engineer throughout these periods, and they all had the same NOC number.

My immigration consultant didn't think my employment and work had any gap. Something we provided was about three holiday breaks but none of them exceeded two weeks.

 

[Rasputin666]

I cannot provide any further inputs since I am not privy to your documents. From your initial post to the one now, you have provided multiple differing information. If you are in doubt, you should consult an immigration lawyer to access your case. The forum is there to provide general guidance and not tailored advice, and neither can it be a substitute for professional advice.


[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

Thank you legalfalcon. I had hired one immigration lawyer and submitted the document already. I will post here if there is any update.

 

[Max123456]

Hi @legalfalcon


You are such a great help to us here. We appreciate your effort. Just a couple more questions. I tried goggling them but got confused. Hope you can help.

1. Is work permit the same as Visa? Do they require the same documents?
2. Is it possible to get a work permit and get Visa denied and vice versa?

Thanks Again