Applying for CEC as research assistant (NOC 4012)

[googler]

Hello guys

I have some questions about applying under CEC after I read through this forum.

As you know, the new regulation from January 2013 will be requiring one year of full time experience for foreign workers to be eligible to apply under CEC.
I am doing my masters currently and I have been Research Assistant (RA) since January 2012. I receive salary for that job as well as pay tax and CPP. My intention is to apply under CEC as of January 2013 with this one year experience.
However, I intend to emphasize in my file that I am more like a worker who is studying (part-time) beside working as Research Assistant, rather than a student who is also working as an RA. Job description for NOC 4012 (Research Assistant) says that enrolment in a university program is required (which is the case for me). And since I am only working on-campus, a valid study permit should give me legal status to work.

Considering that I have a reference letter from my supervisor professor indicating my job as full-time, the amount of salary and detailed job duties, do you believe that such file is meeting all the requirements of CIC? Any advice in this regard is appreciated, specially based on the successful applicants you might have seen.

 

[googler]

Thank you eng3a for your prompt response.

I have another question regarding the salary: I read in the forum that monthly salary should match the minimum hourly wage and total monthly hours worked. My monthly income is consisted of salary and bursary, which will be reflected in T4 and T4A tax slips (I have not received my tax slips for 2012 yet, so not sure 100%). Does CIC consider only the salary portion as eligible income which should meet the minimum wage? How about if I add a line in my reference letter which indicates my gross monthly salary, say $2500?

Thank you for your help

 

[elm662]

I am doing my masters, I have the positions of Teacher assistant and research assistant for the time span of 1 year and 8 months.
My total working hour from Sep 2012 to April 2013 is a little more than 4000 hours, as mentioned in the official letter.
Can I apply for the PR under the category of temporary foreign worker?

I don't know why they wrote my future working hour in the letter!!! (they mentione my working hour for the next semester: from Jan 2013 to April 2013)
Is it acceptable by the officer?

 

[ConfuseApplicant]

If you guys are planning to apply after new rules come to effect, then its not possible. Please see the proposed changes in the link below and the extract from the new rule
http://gazette.gc.ca/rp-pr/p1/2012/2012-08-18/html/reg2-eng.html

Extract:


3) Paragraph 87.1(3)(a) of the Regulations is replaced by the following:

(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

 

[ConfuseApplicant]

You know, before I applied I called CIC agent regarding this issue. she told me that we look to the experience and time spent in it REGARDLESS the payment. I think they need the payment to know if this work is real or not.

for me I included the total salary and attached T4 and T4A tax slips in the application.

Good luck

Not true. You must get minimum wages as mentioned by the corresponding province. For instance, if you are in Ontario then you must get at least 10.25/hr (Source: http://www.labour.gov.on.ca/info/minimumwage/).

 

[elm662]

If you guys are planning to apply after new rules come to effect, then its not possible. Please see the proposed changes in the link below and the extract from the new rule

Extract:


3) Paragraph 87.1(3)(a) of the Regulations is replaced by the following:

(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

Dear friend,

I am not waiting for the new regulations,

My question is that with the present regulations, am I eligible?

considering the fact that I have done more than 4000 hours of work in time span of less than 2 years.

 

[ConfuseApplicant]

Dear friend,

I am not waiting for the new regulations,

My question is that with the present regulations, am I eligible?

considering the fact that I have done more than 4000 hours of work in time span of less than 2 years.

First of all you have mentioned April 2013, which is in future and probably by then new rules come to effect.

Second, its very hard to prove and convince visa officer that you accumulated 4000 hrs of skilled 0, A or B work experience just in 8 months (09/2012 to 04/2013)


Third, if you fulfill requirements as mentioned in application guide 5609 (http://www.cic.gc.ca/english/information/applications/guides/5609ETOC.asp) as of today, November-27-2012, then you are eligible. Until now I have not found (or aware of ) any government document that restricts an RA and/or TA to apply CEC.

 

[jes_ON]

Second, its very hard to prove and convince visa officer that you accumulated 4000 hrs of skilled 0, A or B work experience just in 8 months (09/2012 to 04/2013)

You must work a minimum of 24 months (104 weeks) AND 3900 hours. Regardless of the number of hours, you need to work for a full 24 months. So please clarify if there is an error in those dates...

And, as the definition of full-time work is "a minimum of 37.5 hours per week", you cannot "count" hours beyond 37.5 per week. If you work more than that, you are simply full time and do not count hours. (37.5 hours per week x104 weeks=3900 hours, so there's no point in counting hours if you're full-time).

 

[ConfuseApplicant]

You must work a minimum of 24 months (104 weeks) AND 3900 hours. Regardless of the number of hours, you need to work for a full 24 months. So please clarify if there is an error in those dates...

And, as the definition of full-time work is "a minimum of 37.5 hours per week", you cannot "count" hours beyond 37.5 per week. If you work more than that, you are simply full time and do not count hours. (37.5 hours per week x104 weeks=3900 hours, so there's no point in counting hours if you're full-time).


+1 ... well explained Jes_ON

 

[jes_ON]

First of all you have mentioned April 2013, which is in future and probably by then new rules come to effect.

This is an important point as well. When the rules change in January, there is some indication that students (RA/TAs) may no longer be accepted under the "skilled worker stream." So even tho the work requirement is set to change to 12 months instead of 24, it is possible that you will no longer qualify under CEC (until you graduate and work for 1 year).

I don't know for sure that this will happen - I only mention it to suggest that you start looking into other options as well (e.g. PNP).

 

[elm662]

I have one last question,

In my contract and my employment letter my position is mentioned as: "graduate teaching assistant"
Does that work for me? or it should be only "teaching assistant"?
I have worked 52 hours/week at this position for one year and a half which means that I meet the requirements, isn't it?
Thanks

 

[googler]

This is an important point as well. When the rules change in January, there is some indication that students (RA/TAs) may no longer be accepted under the "skilled worker stream." So even tho the work requirement is set to change to 12 months instead of 24, it is possible that you will no longer qualify under CEC (until you graduate and work for 1 year).

I don't know for sure that this will happen - I only mention it to suggest that you start looking into other options as well (e.g. PNP).

Hi jes_ON

May I ask where did you see this specific indication that a Research Assistant cannot apply for CEC under skilled worker stream from 2013? I searched the news and the gazette and found nothing official about this. The one source mentioned above in the gazette is for Federal Skilled Worker, not CEC. Moreover, NOC still insists that a job requirement to be RA or TA is to be enrolled in university as a student.

Thanks

 

[scylla]

Hi jes_ON

May I ask where did you see this specific indication that a Research Assistant cannot apply for CEC under skilled worker stream from 2013? I searched the news and the gazette and found nothing official about this. The one source mentioned above in the gazette is for Federal Skilled Worker, not CEC. Moreover, NOC still insists that a job requirement to be RA or TA is to be enrolled in university as a student.

Thanks

This information was provided by a previous poster in this thread. See below:

If you guys are planning to apply after new rules come to effect, then its not possible. Please see the proposed changes in the link below and the extract from the new rule
http://gazette.gc.ca/rp-pr/p1/2012/2012-08-18/html/reg2-eng.html

Extract:


3) Paragraph 87.1(3)(a) of the Regulations is replaced by the following:

(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

 

[jes_ON]

I have one last question,

In my contract and my employment letter my position is mentioned as: "graduate teaching assistant"
Does that work for me? or it should be only "teaching assistant"?
I have worked 52 hours/week at this position for one year and a half which means that I meet the requirements, isn't it?
Thanks

It should be what is. The "graduate" part does point out that you are a student.

You have not met the requirements. You need to work, at a MINIMUM, 24 months AND at least 3900 hours.

 

[jes_ON]

May I ask where did you see this specific indication that a Research Assistant cannot apply for CEC under skilled worker stream from 2013? I searched the news and the gazette and found nothing official about this. The one source mentioned above in the gazette is for Federal Skilled Worker, not CEC.

I didn't post the link, but I suggest you re-read it. It is about Economic classes, including FSW, CEC and the new Skilled Trades class.

It is not 100% clear from the Gazette alone if the exclusion will apply to all Economic class applications, but I can't see why it wouldn't. It generally benefits CIC to have harmonized rules...

Moreover, NOC still insists that a job requirement to be RA or TA is to be enrolled in university as a student.

There are professional (non-student) research assistant positions under other skilled NOCs. The NOC classification is put out by HRSDC, not CIC; CiC can make whatever rules it wants.