12 Month's Skilled Work Experience to Qualify for CEC (as a non-TFW)

[axelfoley]

Unusual situation. I am likely to lose my PR status for not meeting the Residency Obligation ("RO") of staying in Canada for 730 days out of the last 5 years. I expect to be reported for this RO obligation breach on my return to Canada later this month. I plan to appeal the Departure Order, (and plan to appeal to IAD on H&C grounds, but without much hope). Then I expect it may take about 1 year or more before the date of my appeal at the IAD for not meeting the Residency Obligation and I am likely to be asked to leave Canada.

My question is this: if I work for 12 months in a full-time role under, whilst I am a PR of Canada (and NOT a TFW), waiting for my appeal, does this count as "12 months of full-time skilled work experience in Canada" and therefore qualify me to re-apply for Permanent Residency (after I assume I will lose it at the IAD hearing) under the CEC under Express Entry system?

The relevant sections of the esdc.gc.ca website state:

"Under the CEC, the foreign worker must have at least 12 months of full-time (or an equivalent amount in part-time) skilled work experience in Canada within the 36 months prior to applying for permanent residence. Visit IRCC’s website, for more information on the requirements for the CEC."

and

"Canadian Experience Class selection criteria
To qualify under the Canadian Experience Class, the candidate must

- plan to live outside the province of Quebec,
- have at least 12 months of full time (or the equivalent in part-time) skilled work experience in Canada with the proper authorization in the three years before they apply, and
- meet the required language levels needed for the job for each language ability (speaking, reading, writing, and comprehension)."

Also, when I read "12 months of full-time (or an equivalent amount in part-time) skilled work experience in Canada", does this mean that the company cannot send me abroad during the 12 months, or is it simply that I must be employed for 12 months in that skilled role on a permanent basis, even if I am not physically there the entire time"?

 

[rezafc]

Hey,

As far as I am concerned you will remain a PR till they make a decision on your case. I have heard that you will be issued a card for 1 year so you can keep on working. Since the status is legal, and you are working legally in Canada, I'm pretty sure you can count those days towards your next application, although bare in mind that this time it's going to be a little more tough considering that you have challenged an appeal for your first PR status.

All these being said, as a rule of thumb, you can apply for a PR application as many times as you want and they will not hold the previous actions against you.

I will wait for more answers from seniors on this if I were you.

Best of luck,

 

[axelfoley]

Thank you for your helpful reply rezafc, greatly appreciated!!

I am looking at the longer term, and I want to have another chance to be a PR in case I lose my PR status (for failing to meet the RO) as I expect will happen. Therefore, as you said, I was planning to apply for a temporary 1 year PR card renewal pending my appeal to the IAD and in that period work for 12 months of high-skilled work in Canada.

So the main thing is that you suggest that 12 month's full-time work in Canada as a high-skilled worker (as a current PR, and therefore legally) *can* count qualify me for a future CEC application for Permanent Residency, even though I did not do that 12 month's full-time high-skilled work as a TFW on a work permit.

If this is true, then I will try to find high-skilled work in Canada for a year (whilst waiting for my appeal to IAD) and this should help facilitate my future PR application under CEC class once I have lost PR status (as I assume I will). This would be great news, as it would appear to give me an easier pathway back to PR status compared to applying for a work permit as a high-skilled TFW *after* I have lost my current PR status.

 

[rezafc]

No problem,

When you get the puzzle blocks together, you are not doing anything illegal. It ought to count towards your experience. Since you are holding a PR status and you are eligible to work and pay taxes during that period of time. Again I have not personally met these circumstances neither I know of anybody whom has gone through the same situation. So I am only speaking of the information I have read through my researches and mostly in this forum.

Wait for some other seniors to comment on this, or seek some professional help over the phone with a lawyer so you get assured.

Best of luck,

 

[axelfoley]

Thanks again, really encouraging to see your reply!

I plan to seek professional legal assistance, naturally. In the mean time, this forum is great exchange of ideas and experiences whilst I develop my strategy. I could never have come up with this potential strategy without the benefit of reading other people's experiences on this most valuable forum!

If valid, it appears like some kind of partial "loop-hole" to the benefit of current PRs who are about to lose status (for not meeting RO) if they have 12 months of skilled (NOC 0, A or B) work in the last 3 years, as they will have equal priority for re-applying for PR through the CEC in the same way as any TFW who has the required 12 months skilled work who is applying or PR for the first time.

The difference being that an employer for a skilled TFW (who later applies for Express Entry under CEC) would have formally obtained an LMIA from "Employment and Social Development Canada" confirming that the job meets the required criteria, whereas myself as a PR would not have had to go through that step (as I can take almost any private-sector job in Canada).

Therefore, at the stage of applying for Express Entry under CEC I may have a *documentation* issue as I need to be able to show (without an LMIA) that I had worked under the following requirements for CEC:

"The employer must be offering a job that is:

for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
full-time hours (a minimum of 30 hours of work per week);
permanent; and
non-seasonal."

"Full Time: 30 hours/week for 12 months = 1 year full time (1,560 hours)"

"You must show that you did the duties set out in the lead statement of the occupational description in the NOC, including all the essential duties and most of the main duties listed.

If you do not show that your experience meets the description in the NOC, we will not accept your application."

 

[Bs65]

Maybe I missed it but is your PR card still valid as you will need this to return to Canada

 

[axelfoley]

@Bs65

No, my PR card is expired. I plan to get into Canada using one of the recommended mechanisms for those PRs with an expired card later this month.

Thereafter, I shall apply for a PR card renewal (to obtain a new "temporary" 1 year PR card) after presumably being issued with the removal order (for breach of the RO) on arrival in Canada, which I plan to appeal to the IAD on H&C grounds.

 

[Canada_soon2014]

Thanks again, really encouraging to see your reply!

I plan to seek professional legal assistance, naturally. In the mean time, this forum is great exchange of ideas and experiences whilst I develop my strategy. I could never have come up with this potential strategy without the benefit of reading other people's experiences on this most valuable forum!

If valid, it appears like some kind of partial "loop-hole" to the benefit of current PRs who are about to lose status (for not meeting RO) if they have 12 months of skilled (NOC 0, A or B) work in the last 3 years, as they will have equal priority for re-applying for PR through the CEC in the same way as any TFW who has the required 12 months skilled work who is applying or PR for the first time.

The difference being that an employer for a skilled TFW (who later applies for Express Entry under CEC) would have formally obtained an LMIA from "Employment and Social Development Canada" confirming that the job meets the required criteria, whereas myself as a PR would not have had to go through that step (as I can take almost any private-sector job in Canada).

Therefore, at the stage of applying for Express Entry under CEC I may have a *documentation* issue as I need to be able to show (without an LMIA) that I had worked under the following requirements for CEC:

"The employer must be offering a job that is:

for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
full-time hours (a minimum of 30 hours of work per week);
permanent; and
non-seasonal."

"Full Time: 30 hours/week for 12 months = 1 year full time (1,560 hours)"

"You must show that you did the duties set out in the lead statement of the occupational description in the NOC, including all the essential duties and most of the main duties listed.

If you do not show that your experience meets the description in the NOC, we will not accept your application."

o

Have you got any further info about your query?
Can you use this 12 months experience when re-applying for immigration?
Please confirm

 

[scylla]

o

Have you got any further info about your query?
Can you use this 12 months experience when re-applying for immigration?
Please confirm

I believe the OP was able to re-enter Canada without being reported for failing to meet RO. So this is no longer an issue for him since he's not going to lose his existing PR status.

 

[Canada_soon2014]

This is relevant to my situation hence I am interested to know in case if someone is reported, can they carry on working and use this experience for the future application?

 

[kamiyu]

Thanks again, really encouraging to see your reply!

I plan to seek professional legal assistance, naturally. In the mean time, this forum is great exchange of ideas and experiences whilst I develop my strategy. I could never have come up with this potential strategy without the benefit of reading other people's experiences on this most valuable forum!

If valid, it appears like some kind of partial "loop-hole" to the benefit of current PRs who are about to lose status (for not meeting RO) if they have 12 months of skilled (NOC 0, A or B) work in the last 3 years, as they will have equal priority for re-applying for PR through the CEC in the same way as any TFW who has the required 12 months skilled work who is applying or PR for the first time.

The difference being that an employer for a skilled TFW (who later applies for Express Entry under CEC) would have formally obtained an LMIA from "Employment and Social Development Canada" confirming that the job meets the required criteria, whereas myself as a PR would not have had to go through that step (as I can take almost any private-sector job in Canada).

Therefore, at the stage of applying for Express Entry under CEC I may have a *documentation* issue as I need to be able to show (without an LMIA) that I had worked under the following requirements for CEC:

"The employer must be offering a job that is:

for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
full-time hours (a minimum of 30 hours of work per week);
permanent; and
non-seasonal."

"Full Time: 30 hours/week for 12 months = 1 year full time (1,560 hours)"

"You must show that you did the duties set out in the lead statement of the occupational description in the NOC, including all the essential duties and most of the main duties listed.

If you do not show that your experience meets the description in the NOC, we will not accept your application."

Note that these are not requirements for CEC.