Just Fired. 3 weeks away from 1 year experience. What does this mean for my CEC PR?

[8638896255]

Hello everyone,

I am here on an IEC 2 Year Work Permit, starting Sunday 28th of October 2018.

I got a job that started Tuesday 4th of December 2018.

This morning, Friday 15th of November 2019, I was terminated without cause.

I have not taken any vacation during my time there, and probably had 6.5 sick days.

I had plans on putting myself into the PR pool, for CEC in December, after 1 year of experience in Canada.

The 1 year of experience would have happened Wednesday 4th of December 2019.

I worry that I no longer meet the requirements of 1 year of Canadian work experience under CEC.

Based on the calculator, with that one year of experience, I would have 477 points.

When I was being terminated, I mentioned that I was only 2/3 weeks away from having 1 year experience here, and I needed this position to do the application. As of this afternoon, I was contacted by a person that they hired to facilitate my departure, that HR contacted them, and that they would be willing to amend my notice of termination, to indicate that I am under a "non-working status" at the company until Thursday 5th of December 2019.

In addition to this, as part of my severance, I will be kept on payroll for another 30 days, Sunday 15th of December 2019.

What can I do to salvage this situation, and apply for my PR as planned?

Do I have enough hours to qualify?

Is this "non-working status" going to raise questions and not be considered valid experience?

Is there anything else I should request from the company before going our separate ways?

Thanks.

 

[jes_ON]

I am here on an IEC 2 Year Work Permit, starting Sunday 28th of October 2018.

So sorry to hear that... There are 3 types of IEC permits, what kind do you have?

 

[zardoz]

Hello everyone,

I am here on an IEC 2 Year Work Permit, starting Sunday 28th of October 2018.

I got a job that started Tuesday 4th of December 2018.

This morning, Friday 15th of November 2019, I was terminated without cause.

I have not taken any vacation during my time there, and probably had 6.5 sick days.

I had plans on putting myself into the PR pool, for CEC in December, after 1 year of experience in Canada.

The 1 year of experience would have happened Wednesday 4th of December 2019.

I worry that I no longer meet the requirements of 1 year of Canadian work experience under CEC.

Based on the calculator, with that one year of experience, I would have 477 points.

When I was being terminated, I mentioned that I was only 2/3 weeks away from having 1 year experience here, and I needed this position to do the application. As of this afternoon, I was contacted by a person that they hired to facilitate my departure, that HR contacted them, and that they would be willing to amend my notice of termination, to indicate that I am under a "non-working status" at the company until Thursday 5th of December 2019.

In addition to this, as part of my severance, I will be kept on payroll for another 30 days, Sunday 15th of December 2019.

What can I do to salvage this situation, and apply for my PR as planned?

Do I have enough hours to qualify?

Is this "non-working status" going to raise questions and not be considered valid experience?

Is there anything else I should request from the company before going our separate ways?

Thanks.

Unfortunately you do need both 1560 hours AND 365 days of Canadian employment as a bare minimum.
Because your period of employment was less than a year, even if only by a couple of weeks, it doesn't meet the requirements for CEC.

The fact that you didn't take vacation isn't relevant as your "real" termination date is still less than 365 days after the start date.
The assumption would be that your vacation was paid off by your last pay, or you just lost it.

The only workaround would be to normally employed until the 5th, with the remaining days being taken as legitimate vacation days.
Getting a somewhat "fraudulent" termination letter, just for immigration purposes, might well come back to bite you. (misrepresentation?)

Obviously, this is just my personal opinion...

 

[nat.abramovich]

Hello everyone,

I am here on an IEC 2 Year Work Permit, starting Sunday 28th of October 2018.

I got a job that started Tuesday 4th of December 2018.

This morning, Friday 15th of November 2019, I was terminated without cause.

I have not taken any vacation during my time there, and probably had 6.5 sick days.

I had plans on putting myself into the PR pool, for CEC in December, after 1 year of experience in Canada.

The 1 year of experience would have happened Wednesday 4th of December 2019.

I worry that I no longer meet the requirements of 1 year of Canadian work experience under CEC.

Based on the calculator, with that one year of experience, I would have 477 points.

When I was being terminated, I mentioned that I was only 2/3 weeks away from having 1 year experience here, and I needed this position to do the application. As of this afternoon, I was contacted by a person that they hired to facilitate my departure, that HR contacted them, and that they would be willing to amend my notice of termination, to indicate that I am under a "non-working status" at the company until Thursday 5th of December 2019.

In addition to this, as part of my severance, I will be kept on payroll for another 30 days, Sunday 15th of December 2019.

What can I do to salvage this situation, and apply for my PR as planned?

Do I have enough hours to qualify?

Is this "non-working status" going to raise questions and not be considered valid experience?

Is there anything else I should request from the company before going our separate ways?

Thanks.

I don’t get ,just get another skilled noc b job,job doesn’t need to be continuous

 

[8638896255]

Unfortunately you do need both 1560 hours AND 365 days of Canadian employment as a bare minimum.
Because your period of employment was less than a year, even if only by a couple of weeks, it doesn't meet the requirements for CEC.

The fact that you didn't take vacation isn't relevant as your "real" termination date is still less than 365 days after the start date.
The assumption would be that your vacation was paid off by your last pay, or you just lost it.

The only workaround would be to normally employed until the 5th, with the remaining days being taken as legitimate vacation days.
Getting a somewhat "fraudulent" termination letter, just for immigration purposes, might well come back to bite you. (misrepresentation?)

Obviously, this is just my personal opinion...

I would legally still be employed by this company until next month, but will not be acquiring more hours.
CEC does not require continuous employment.
After one month at a new job, acquiring the remaining hours, then I would apply for CEC.

 

[hgunawa]

Hello everyone,

I am here on an IEC 2 Year Work Permit, starting Sunday 28th of October 2018.

I got a job that started Tuesday 4th of December 2018.

This morning, Friday 15th of November 2019, I was terminated without cause.

I have not taken any vacation during my time there, and probably had 6.5 sick days.

I had plans on putting myself into the PR pool, for CEC in December, after 1 year of experience in Canada.

The 1 year of experience would have happened Wednesday 4th of December 2019.

I worry that I no longer meet the requirements of 1 year of Canadian work experience under CEC.

Based on the calculator, with that one year of experience, I would have 477 points.

When I was being terminated, I mentioned that I was only 2/3 weeks away from having 1 year experience here, and I needed this position to do the application. As of this afternoon, I was contacted by a person that they hired to facilitate my departure, that HR contacted them, and that they would be willing to amend my notice of termination, to indicate that I am under a "non-working status" at the company until Thursday 5th of December 2019.

In addition to this, as part of my severance, I will be kept on payroll for another 30 days, Sunday 15th of December 2019.

What can I do to salvage this situation, and apply for my PR as planned?

Do I have enough hours to qualify?

Is this "non-working status" going to raise questions and not be considered valid experience?

Is there anything else I should request from the company before going our separate ways?

Thanks.

I would probably try to find another job (noc A, B or 0) and once you get around another month of experience from the new job, apply for pr.

CEC category doesn't require the 1 yr experience to be continuous or from the same noc. As long as you have a valid open work permit that's not expriring anytime soon, you should be fine.

 

[8638896255]

I don’t get ,just get another skilled noc b job,job doesn’t need to be continuous

Understood.
It is just a lot of hassle to acquire another job, wait for a month, then coordate work histories from 3 companies.

I would probably try to find another job (noc A, B or 0) and once you get around another month of experience from the new job, apply for pr.

CEC category doesn't require the 1 yr experience to be continuous or from the same noc. As long as you have a valid open work permit that's not expriring anytime soon, you should be fine.

Thanks.
I am being told a bunch of contradicting answers however.

Firstly, are only 30 hours a week counted towards the 1560 total hours, or is 30 hours a week considered full time employment, and if you work 40 hours a week for example, those extra hours count towards that 1560 total?

Secondly, I am being told, I would be considered to have worked a year, since they only take it on a month to month basis. So, if I am working Dec to Nov, they count that as a year, it isn't down to the day...or the time, just the months.

I will likely hire an immigration lawyer to unravel my situation, because they will be exposed to the documentation I received from the company. If my time there isn't valid enough, then yes I will just get another skilled job for a month then apply. Just a pain in the ass that I would like to try to avoid, since it would mean contacting 3 companies (who I worked for outside of Canada, this company and whatever new company I join).

 

[hgunawa]

Understood.
It is just a lot of hassle to acquire another job, wait for a month, then coordate work histories from 3 companies.


Thanks.
I am being told a bunch of contradicting answers however.

Firstly, are only 30 hours a week counted towards the 1560 total hours, or is 30 hours a week considered full time employment, and if you work 40 hours a week for example, those extra hours count towards that 1560 total?

Secondly, I am being told, I would be considered to have worked a year, since they only take it on a month to month basis. So, if I am working Dec to Nov, they count that as a year, it isn't down to the day...or the time, just the months.

I will likely hire an immigration lawyer to unravel my situation, because they will be exposed to the documentation I received from the company. If my time there isn't valid enough, then yes I will just get another skilled job for a month then apply. Just a pain in the ass that I would like to try to avoid, since it would mean contacting 3 companies (who I worked for outside of Canada, this company and whatever new company I join).

Unfortunately no. Working 30 hrs a week is the minimum requirement to be eligible for full time employment. It doesn't matter if you worked 35 or 80 hrs, it's still counted as full time and you have to have been working 365 days for the 1 year to be counted. In other words, having 1560 hrs and 1 year of employment are not mutually exclusive requirements. They have to be achieved at the same time if you were working as a full time employee.

I understand that it's a pain in the ass to go look for another job. But that's probably the safest option.

 

[8638896255]

Unfortunately no. Working 30 hrs a week is the minimum requirement to be eligible for full time employment. It doesn't matter if you worked 35 or 80 hrs, it's still counted as full time and you have to have been working 365 days for the 1 year to be counted. In other words, having 1560 hrs and 1 year of employment are not mutually exclusive requirements. They have to be achieved at the same time if you were working as a full time employee.

I understand that it's a pain in the ass to go look for another job. But that's probably the safest option.

OK, thanks very much.

Just to clarify further. I am being told that they basically average the hours that you did during that period of time. Is that true?
If the average time during that 1 year period is over 30 hours, then they qualify that as valid.
Which does make sense, considering how many applications they may receive, with varying hours from one week to the next etc etc.

 

[hgunawa]

OK, thanks very much.

Just to clarify further. I am being told that they basically average the hours that you did during that period of time. Is that true?
If the average time during that 1 year period is over 30 hours, then they qualify that as valid.
Which does make sense, considering how many applications they may receive, with varying hours from one week to the next etc etc.

It all depends on the letter from your company. It should technically state how many hours you work in a week on average. And you have to corroborate that number when you are filling the PR application where they will ask how many hours you work per week. I worked 40 hrs per week on average so thats what I filled in my application.
Hope that's clear? You will also have to provide pay stubs for each month and your tax returns etc. Which also kind of shows the time period you have been working.

 

[zardoz]

OK, thanks very much.

Just to clarify further. I am being told that they basically average the hours that you did during that period of time. Is that true?
If the average time during that 1 year period is over 30 hours, then they qualify that as valid.
Which does make sense, considering how many applications they may receive, with varying hours from one week to the next etc etc.

No, that's not true. There is no averaging. Any hours over 30 in any single week are not counted. The IRCC web site makes this extremely clear.

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

have at least 1 year of skilled work experience in Canada, in the last 3 years before you apply. The work experience must be:

• full-time or
• an equal amount in part-time

Links to a popup box that states...

One year of skilled work experience

Your experience must be at least:

• One year of full-time work
  • 30 hours/week for 12 months = 1 year full time (1,560 hours), or
• equal amount in part-time hours, such as:
  • 15 hours/week for 24 months = 1 year full time (1,560 hours)
  • 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)

For part-time work, you can work more or less than 15 hours/week as long as it adds up to 1,560 hours.

We don’t count any hours you work above 30 hours/week.

 

[jes_ON]

Understood.
It is just a lot of hassle to acquire another job, wait for a month, then coordate work histories from 3 companies.


Thanks.
I am being told a bunch of contradicting answers however.

Firstly, are only 30 hours a week counted towards the 1560 total hours, or is 30 hours a week considered full time employment, and if you work 40 hours a week for example, those extra hours count towards that 1560 total?

Secondly, I am being told, I would be considered to have worked a year, since they only take it on a month to month basis. So, if I am working Dec to Nov, they count that as a year, it isn't down to the day...or the time, just the months.

I will likely hire an immigration lawyer to unravel my situation, because they will be exposed to the documentation I received from the company. If my time there isn't valid enough, then yes I will just get another skilled job for a month then apply. Just a pain in the ass that I would like to try to avoid, since it would mean contacting 3 companies (who I worked for outside of Canada, this company and whatever new company I join).

IRCC provides the hourly equivalent for part-time workers - You only count hours if you are a part-time worker (you work less than 30 hours per week).

Please clarify if your IEC permit is open (no employer named on it) or closed (employer-specific).

If you are full time (30 or more hours per week), there is no need to count hours. You just need to work 52 weeks.

Things can get more complicated if you are an hourly worker (as opposed to salaried) with a combination of full-time and part-time weeks. It is not clear if that is your situation.

 

[8638896255]

IRCC provides the hourly equivalent for part-time workers - You only count hours if you are a part-time worker (you work less than 30 hours per week).

Please clarify if your IEC permit is open (no employer named on it) or closed (employer-specific).

If you are full time (30 or more hours per week), there is no need to count hours. You just need to work 52 weeks.

Things can get more complicated if you are an hourly worker (as opposed to salaried) with a combination of full-time and part-time weeks. It is not clear if that is your situation.

OK, I see. Thanks for the clarification.
I have an open work permit.

 

[jes_ON]

Firstly, are only 30 hours a week counted towards the 1560 total hours, YES or is 30 hours a week considered full time employment YES, and if you work 40 hours a week for example, those extra hours count towards that 1560 total NO.

The MINIMUM requirement is to work for 52 weeks full-time, or the full-time equivalent in part-time work (1560 hours).

Secondly, I am being told, I would be considered to have worked a year, since they only take it on a month to month basis. So, if I am working Dec to Nov, they count that as a year, it isn't down to the day...or the time, just the months.

That is incorrect, however, a complicated answer. If you fill out the online profile, it only asks for MM/YYYY, therefore the profile will count Dec-Nov as one year. HOWEVER, you are also told by IRCC not to complete the profile unless you qualify, and when you submit an application, they count exact dates. If you don´t have the full 52 weeks of full-time employment, you will be refused for not meeting the eligibility criteria.

 

[Kastadi Takoon]

OK, I see. Thanks for the clarification.
I have an open work permit.

Can I know what happened with your PR application? Because the same thing happened to me a few weeks ago, I got laid off and I have 2 months of notice period. and I'm getting a full salary and on the payroll for that 2 months too. So I'm wondering whether I can count those notice periods (2 months) for CEC experience?