12 Months Classification

[kiwicanada]

Hi all, I am currently struggling to clarify how the 12months work experience is calculated by CIC.

I am from New Zealand and we are one of the few countries that only allows for a 12month IEC (working holiday VISA).

My situation is as follows:

Temporary Work Permit issued: 16 Feb 2013
Temporary Work Permit expires: 15 Feb 2014

Work Started: 18 Feb 2013
Work Finishes: 14 Feb 2013

In terms of weeks worked, I would have 52 weeks. However days worked is not equal to 365.

Because my current work permit will not allow me to work any additional time to surpass the required 12months, how will CIC respond to this? Has anyone been in a similar situation that can advise?

 

[LPS]

And the NZ program looks like you can only participate once. I wonder why it's so different to the Oz program.

Anyway, the consensus is that for CEC you need to have enough experience in terms of full-time weeks (30 hours or more per week × 52 weeks, or equivalent), AND there needs to be twelve clear months between the dates that your work experience starts and finishes, subtracting any periods of unemployment.

 

[JPMH_CEC_2013]

AFAIK, you must have 12 months work experience

 

[jes_ON]

Work Started: 18 Feb 2013
Work Finishes: 14 Feb 2013

In terms of weeks worked, I would have 52 weeks. However days worked is not equal to 365.

Because my current work permit will not allow me to work any additional time to surpass the required 12months, how will CIC respond to this? Has anyone been in a similar situation that can advise?

First - have you asked your employer to apply for an LMO, which might allow you to continue working in Canada?

If that is not an option, then - punt. CIC is usually quite strict about the one year minimum, and if you were a full week short, I'd say, no chance. A day or two, maybe. I'd say it would not be accepted, but stranger things have happened. You'd have to decide for yourself whether it was worth the gamble.

BTW, care to fill us in on your NOC and province? There may be other options besides CEC...

 

[tee1]

kiwi, if you apply for an extension to your work permit, you can continue working until they respond and this way you can collect the full year.

This won't work as an IEC permit it is non extendable and therefore does not benefit from implied status. You'd be working illegally

Can your employer not put you through the PNP instead?

 

[scylla]

This won't work as an IEC permit it is non extendable and therefore does not benefit from implied status. You'd be working illegally

Can your employer not put you through the PNP instead?

Agreed. IECs are different than other work permits. They can't be extended and don't benefit from implied status.

 

[LPS]

Agreed. IECs are different than other work permits. They can't be extended and don't benefit from implied status.

There's implied status if you go from IEC to a new permit of some other type, but if you're going to do that it's better to apply ahead of time and avoid the complications of implied status altogether.

There was a case on here (I'll try to dig up the thread) where a CEC application was refused because the applicant worked during a time they thought they were on implied status, but CIC considered it 'unauthorised', because the new work permit application was either not done on time or had no chance of success.

 

[LPS]

This is the thread I mentioned - http://www.canadavisa.com/canada-immigration-discussion-board/rejected-cec-application-basis-for-appeal-t171858.0.html

 

[LPS]

Right, but it's not an 'extension' in CIC terminology.

 

[PMM]

Hi

IEC is extandable in the meaning that If your employer applied for an LMO and then you applied for an LMO, you can continue working until the decision.
I was a provincial nominee with a IEC work permit. While I was waiting for my work permit extension based on nomination letter, I was allowed to work in an implied status.

You shouldn't have, From CIC

The following is letter received from CIC regarding implied status. The highlighted portion will be of interest of those on IEC work permits, who continue to think that they can benefit from Implied status to continue working.

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

 

[LPS]

Out of interest, what kinds of open work permits *are* extendable? We know IECs aren't. I thought extensions were only for people on closed permits who wanted to continue longer for the same employer.