CEC 2022 Outside Canada experience and vacation time.

[HM94]

Hi, I have been working under a NOC A job in Canada for the last 13 months (approximately 57 weeks as of today ). Out of these 57 weeks, I was in India for about 7 weeks. During these 7 weeks, I worked remotely (from India) for around 4 weeks (29 days to be exact) and was on vacation for the rest of the time. I did put in my express entry profile in the pool once I completed my 1-year work experience (52 weeks since DOJ).
1. Now Since I have additional 5 weeks of experience, I am eligible for CEC, right?
2. Should I mention this in the LOE while submitting the PR application?
3. Work experience should be completed on the day we are putting the file in the pool or when we actually submit the application after receiving the ITA.
4. I have a CRS score of around 535+. Hopefully, I should be getting an ITA in one of the next few draws. If I wait for another week or two after receiving
the ITA and then submit the application, would that give me a buffer that can cover my time spent in India during my work experience, or does it actually depend on the day, ITA is received?
any other advice that would help in this case is appreciated.

thanks in advance.

 

[SatNight]

Were you paid by your Canadian company for the work from India? How about the vacation?

I don't think it matters when you enter the poll or what you write at that point. You can change all of that any time you want. So you are good for now.

Do you think you have 52 weeks even without the experience in India? Also, check what people said about remote work. I know there are threads with a similar topic (does working remotely for a Canadian company count). Vacation weeks count if they were paid.

As for accepting ITA... I actually heard different opinions on it here. Some people say it's ok to accept ITA as long as you don't send your documents until you do have a full year. Others say that it's not how you should do. I've read different experiences here. Some were definitely fine with it (or at least claim so), while others say it's risky.

And yes, you should always write a letter of explanation. Those letters are not just for trying to persuade them that you are eligible: I strongly advise writing a letter of explanation for any kind of application. This is Canadian administration, and if there is anything even remotely "confusing" (like working remotely or going to a vacation), there is a risk that they will get confused. You want to make their job easier by clearly stating the situation and explaining it (with clearly emphasized dates).

 

[HM94]

Were you paid by your Canadian company for the work from India? How about the vacation?

I don't think it matters when you enter the poll or what you write at that point. You can change all of that any time you want. So you are good for now.

Do you think you have 52 weeks even without the experience in India? Also, check what people said about remote work. I know there are threads with a similar topic (does working remotely for a Canadian company count). Vacation weeks count if they were paid.

As for accepting ITA... I actually heard different opinions on it here. Some people say it's ok to accept ITA as long as you don't send your documents until you do have a full year. Others say that it's not how you should do. I've read different experiences here. Some were definitely fine with it (or at least claim so), while others say it's risky.

And yes, you should always write a letter of explanation. Those letters are not just for trying to persuade them that you are eligible: I strongly advise writing a letter of explanation for any kind of application. This is Canadian administration, and if there is anything even remotely "confusing" (like working remotely or going to a vacation), there is a risk that they will get confused. You want to make their job easier by clearly stating the situation and explaining it (with clearly emphasized dates).

Yes, all the time I spent in India including both remote work and paid vacation was paid for by my Canadian employer. I spent around 7 weeks in India and worked for around 5 weeks there. As of today, I am present in Canada and have 57 weeks of experience. Based on my CRS score, I am expecting to receive ITA in the next draw ( 20th July tentative).
If I choose to go ahead and only accept the ITA once I have whole 7 weeks extra, then I would have to decline that ITA ( provided, I get one in the next draw, lol)
To sum up, I have around 52+ weeks if I only consider the time I spent working and not vacation days in India. There's nothing mentioned in reference letter format that says whether I was on vacation or working from India. If they happen to look at my travel history, they will get to see that 7 weeks of time outside Canada. If they consider 2 weeks as vacation out of those 7 weeks, I should be having some buffer experience to cover up 52 weeks, otherwise, I might end up in a risky zone. My extra 7 weeks of experience gets completed around the 23rd of July and ITA should come around the 20th of July.

Taking all the immigration uncertainty into the account, would it be wise to decline that ITA and wait for the one after that?

 

[SatNight]

It is always tricky to ask people on the forum about this sort of advice, since it's super serious. I think you do have enough, but look around other threads about how remote work outside of Canada is treated. If this is accepted, then I'd accept ITA, but again, I am not an immigration lawyer so I can't give you proper advice.

 

[HM94]

It is always tricky to ask people on the forum about this sort of advice, since it's super serious. I think you do have enough, but look around other threads about how remote work outside of Canada is treated. If this is accepted, then I'd accept ITA, but again, I am not an immigration lawyer so I can't give you proper advice.

I totally understand that. Thanks for your input though. I really appreciate that.

 

[Phan Do]

Hi, I have been working under a NOC A job in Canada for the last 13 months (approximately 57 weeks as of today ). Out of these 57 weeks, I was in India for about 7 weeks. During these 7 weeks, I worked remotely (from India) for around 4 weeks (29 days to be exact) and was on vacation for the rest of the time. I did put in my express entry profile in the pool once I completed my 1-year work experience (52 weeks since DOJ).
1. Now Since I have additional 5 weeks of experience, I am eligible for CEC, right?
2. Should I mention this in the LOE while submitting the PR application?
3. Work experience should be completed on the day we are putting the file in the pool or when we actually submit the application after receiving the ITA.
4. I have a CRS score of around 535+. Hopefully, I should be getting an ITA in one of the next few draws. If I wait for another week or two after receiving
the ITA and then submit the application, would that give me a buffer that can cover my time spent in India during my work experience, or does it actually depend on the day, ITA is received?
any other advice that would help in this case is appreciated.

thanks in advance.

1. I wanted to go back to my country and wfh in the beginning of the year as well. However, when I asked an RCIC, he told me that your Canadian experience only count if you are present in Canada. That's why I changed my mind and stayed in Canada to get my 1 year before I move back. Need more people opinions on this.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html

Minimum requirements
You must

• meet the required language levelsneeded for your job for each language ability
  • writing
  • reading
  • listening
  • speaking
• have at least 1 year of skilled work experience in Canada, in the last 3 years before you apply—you can meet this in a few different ways:
  • full-time at 1 job: 30 hours/week for 12 months = 1 year full-time (1,560 hours)
  • equal amount in part-time work:for example 15 hours/week for 24 months = 1 year full time (1,560 hours)
    • You can work as many part-time jobs as you need to meet this requirement.
  • full-time work at more than 1 job: 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)
• have gained your work experience by working in Canada while under temporary resident status with authorization to work

3. I believe it's the day you submit everything after receiving ITA. I haven't passed the 1 year mark but I still qualify for CEC (in about 1 month) when I submit the file in the pool
4. That's what will happen to me. I'll wait until the moment I pass 1 year mark to submit.

Hope to get more insights for others.

 

[Takita]

Hi, I have been working under a NOC A job in Canada for the last 13 months (approximately 57 weeks as of today ). Out of these 57 weeks, I was in India for about 7 weeks. During these 7 weeks, I worked remotely (from India) for around 4 weeks (29 days to be exact) and was on vacation for the rest of the time. I did put in my express entry profile in the pool once I completed my 1-year work experience (52 weeks since DOJ).
1. Now Since I have additional 5 weeks of experience, I am eligible for CEC, right?
2. Should I mention this in the LOE while submitting the PR application?
3. Work experience should be completed on the day we are putting the file in the pool or when we actually submit the application after receiving the ITA.
4. I have a CRS score of around 535+. Hopefully, I should be getting an ITA in one of the next few draws. If I wait for another week or two after receiving
the ITA and then submit the application, would that give me a buffer that can cover my time spent in India during my work experience, or does it actually depend on the day, ITA is received?
any other advice that would help in this case is appreciated.

thanks in advance.

I'm in similar situation. paid vacation counts. paid remote doesn't count, but you can accept ITA but only submit after substituting paid remote per @scylla in one of the other threads to my post.

 

[raghavgrover]

52 weeks in Canada are required, working in India doesn’t count. I woule advise you to take the conservative route and accept ITA that you get once you complete the additional 4 weeks.
My friend in the same situation had to decline the ITA based on instructions he received from his lawyer as on the ITA date you're kinda agreeing you have the points on that date which isn't going to be true on the date since you will be 4 weeks less. Date of submission doesn't matter here , what matters is your declaring 1 year of work on the ITA date, think logically people.
Wait for 4 additional weeks

 

[raghavgrover]

It's simple you cannot claim points of 1 year experience in Canada if you dont have 52 weeks physically here - and if you get the ITA it's based on declaration you made on the day ITA happens... immigration lawyer that my friend talked to definitely said to decline ITA before 52 weeks of actual work here.

 

[Sid_rash]

It's simple you cannot claim points of 1 year experience in Canada if you dont have 52 weeks physically here - and if you get the ITA it's based on declaration you made on the day ITA happens... immigration lawyer that my friend talked to definitely said to decline ITA before 52 weeks of actual work here.

Okay, so how do we present this experience in the profile. I have been physically present in Canada for 18 months out of 24 months that I have been working with the Canadian company. This 6 month was split in three trips. So should I enter the work history in my profile according to the dates as well when I was physically in Canada or just enter the overall dates but make sure that the total time comes under 2 years. This way even though I am including the out of Canada in my profile but I am claiming points only for 1 year.

 

[raghavgrover]

Okay, so how do we present this experience in the profile. I have been physically present in Canada for 18 months out of 24 months that I have been working with the Canadian company. This 6 month was split in three trips. So should I enter the work history in my profile according to the dates as well when I was physically in Canada or just enter the overall dates but make sure that the total time comes under 2 years. This way even though I am including the out of Canada in my profile but I am claiming points only for 1 year.

With months/dates and location where the work was performed - basically in reality how it happened. Company can be same but location would be India/or wherever you worked with proper dates

 

[HM94]

It's simple you cannot claim points of 1 year experience in Canada if you dont have 52 weeks physically here - and if you get the ITA it's based on declaration you made on the day ITA happens... immigration lawyer that my friend talked to definitely said to decline ITA before 52 weeks of actual work here.

Thanks for the reply. Out of 7 weeks being out of Canada, I was working for like 4 weeks and around another 15-16 days, I was on vacation only. Now even if I round that off to 7 weeks, on the 20th of July ( assuming the next draw), I would be 2 days short of time spent outside Canada. If I consider the whole duration when I was outside Canada, that would be completed on 22nd July. I know it's a gray area but will they be like considering vacation time also ( 2 weeks/ year) in that or not. Or is it better to decline the ITA on 20th ( If I get one), then wait for the next one? My CRS is 535+.

 

[raghavgrover]

Thanks for the reply. Out of 7 weeks being out of Canada, I was working for like 4 weeks and around another 15-16 days, I was on vacation only. Now even if I round that off to 7 weeks, on the 20th of July ( assuming the next draw), I would be 2 days short of time spent outside Canada. If I consider the whole duration when I was outside Canada, that would be completed on 22nd July. I know it's a gray area but will they be like considering vacation time also ( 2 weeks/ year) in that or not. Or is it better to decline the ITA on 20th ( If I get one), then wait for the next one? My CRS is 535+.

Vacation days counts as experience but since you're only a few days short and ircc calculates by a full week, why take such a risk , I would say wait for the next one after July 20th