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foreign (remote) work experience while studying in Canada

speechie

Newbie
Jul 26, 2020
4
0
I've just graduated from a Canadian university this June. During the past two years, I've also been working part-time (remotely) for a non-Canadian company in my home country. I still hold that job currently, while waiting for my PGWP and looking for work in Canada.

Am I eligible for FSW with my work experience, if I've been physically present in Canada? What about the time when I was a full-time student?

Thank you in advance.
 

thevisawhisperer

Champion Member
Jun 10, 2020
2,001
344
West Coast
The Ministerial Instructions say:
Foreign work experience
25
(1) For the purposes of sections 23 and 24, foreign work experience is work experience that

  • (a) is acquired by a foreign national outside Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
  • (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers;
  • (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under section 23 or subsection 24(1); and
  • (d) is remunerated by the payment of wages or a commission.
Requirements
(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national
  • (a) must specify in their expression of interest the four-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their foreign work experience; and
  • (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.
Full-time work
(3) For the purposes of paragraph (1)(b), full-time work consists of at least 30 hours of work per week.

I think the devil is in the interpretation of "is acquired by a foreign national outside Canada". Does the work have to be outside Canada or does the foreign national have to be outside Canada?

If you get refused, you'll know which interpretation the IRCC officer chose.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Alright, thanks for your reply! Will I be penalized for a refusal?
Not penalised but application would likely be rejected putting you to back of the queue.

Whilst on a study permit the guideline is clear that work cannot be counted whether in Canada or remotely for a company outside of Canada you were still on a study permit in full time study .