Kindly Advice Guys!

[ritvik123]

Hi guys,

I am working for a logistics company since June 2014, for NOC B category
My open work permit expires December 2014.
So if i calculate my hours from June to December its around 900 hours.
Now to keep my status as working, i am planning to join school which will allow me to work 20 hrs per week and 40 hrs when i have vacation
So if i keep working for 20 hrs/40 hrs a week until June 2015, i can complete 1560 hours as required by CEC.

My query is once i apply for CEC and get the AOR, can i get an open work permit which is also called as bridge visa on the basis of AOR
I am confused as i will be on my study visa when i get the AOR.

Expecting some answers from the seniors, please please guide me, i am fed up running to the lawyers/consultants they have no clue what they talk!

 

[nov1061]

Hi guys,

I am working for a logistics company since June 2014, for NOC B category
My open work permit expires December 2014.
So if i calculate my hours from June to December its around 900 hours.
Now to keep my status as working, i am planning to join school which will allow me to work 20 hrs per week and 40 hrs when i have vacation
So if i keep working for 20 hrs/40 hrs a week until June 2015, i can complete 1560 hours as required by CEC.

My query is once i apply for CEC and get the AOR, can i get an open work permit which is also called as bridge visa on the basis of AOR
I am confused as i will be on my study visa when i get the AOR.

Expecting some answers from the seniors, please please guide me, i am fed up running to the lawyers/consultants they have no clue what they talk!

Hi,
keep in mind that experience gained during the time you were on your study permit doesn't count for your PR work experience and you can't calculate more than 30 hours per week (which is considered as a full time work by CIC) even if you work more than that (40 hours per week in your case).

 

[rezafc]

Hi guys,

I am working for a logistics company since June 2014, for NOC B category
My open work permit expires December 2014.
So if i calculate my hours from June to December its around 900 hours.
Now to keep my status as working, i am planning to join school which will allow me to work 20 hrs per week and 40 hrs when i have vacation
So if i keep working for 20 hrs/40 hrs a week until June 2015, i can complete 1560 hours as required by CEC.

My query is once i apply for CEC and get the AOR, can i get an open work permit which is also called as bridge visa on the basis of AOR
I am confused as i will be on my study visa when i get the AOR.

Expecting some answers from the seniors, please please guide me, i am fed up running to the lawyers/consultants they have no clue what they talk!

Sorry to break it to your mate! But work experience gained while you were on a student permit would not count towards your CEC work experience duration. Also do not count the hours, the requirement is for you to work at least 30 hours a week for a full year, part time or full time! So if you work 29 hours in a week, that week would not count into the experience, also say of you work 60 hours in a week, the extra 30 hours would not count either.

Your best shot is to get your company to apply for a LMO for you, if you get approved you get a closed work permit and you can work full time till you fulfil the requirements and apply. You still have plenty of time. Do it the right way. Don't settle for another student permit.

Another option for you is a PNP programme, if your company is willing to sponsor you, they can easily set you up with a PNP programme, if you get approved, you can both get a work permit and apply for your PR.

Then again ask some more questions and dig deeper.

And to answer your query, as long as you have 4 months or less on your WORK PERMIT, you can apply for a BOWP. So one mandatory part is for you to have the work permit, either open or closed.

Keep your hopes rolling, do your studies well and then make a move so you don't get yourself on a dead-end road.

Best of luck,

 

[jes_ON]

Sorry to break it to your mate! But work experience gained while you were on a student permit would not count towards your CEC work experience duration.

This is true - work experience while a full-time student will not count towards the experience requirement for CEC. You will not get an AOR while on a study visa because you won't meet the program requirements. On the other hand, students are permitted to work as you said, 20 hours plus full-time on breaks.

Also do not count the hours, the requirement is for you to work at least 30 hours a week for a full year, part time or full time! So if you work 29 hours in a week, that week would not count into the experience, also say of you work 60 hours in a week, the extra 30 hours would not count either.

Not entirely correct. The requirement is one year of full-time experience (defined as 30 hours or more per week, for at least 52 weeks) , or the equivalent in part-time work (fewer than 30 hours per week). Part-time work is allowed, but it is calculated as the full-time equivalent (total part-time hours/30 = FTE weeks).

So if i calculate my hours from June to December its around 900 hours.

If you were full-time, you do not calculate hours, only weeks. (or, if you must think in terms of hours, then you can only count 30 hours per week, hours worked over 30 cannot be used to reduce the experience requirement).

You have a choice to make - whether you want to work and obtain PR status first, or go back to school first. If you haven't already held a post-graduate work permit, then when you graduate, you may qualify for that, which is also an open work permit. Other choices as noted include looking into the PNP programs...

 

[ritvik123]

@rezafc thanks a lot for your advice...

However you say that the amount of time i would work as a student would not be counted, but its clearly mentioned by CIC that:

"Applicants who are authorized to work in Canada without a work permit are eligible to apply under the Canadian Experience Class, but must provide
documentation with their application establishing that has a legal temporary status in Canada during their period of qualifying work experience
e.g (copy of a visitor record)"

and this particular statement is so confusing by CIC:

"You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week."

If they mean 30 hrs on an average in 1 year, then i will definitely qualify, however if its mandatory to work for 30hrs in a week throughout the course of
1 year then i don't.

My company is not willing to support me for LMO due to company policies neither would the nominee program work out
I have already applied for AINP, and got the file no, however due to the increased processing times i stand no chance of nomination until December.

I am gonna try for a BOWP on the basis of AINP file no and a strong cover letter drafted by my company that they see me as a good potential!

Do you think it could work out? or have you ever seen anyone get lucky with bowp?

I am so stressed out thinking what do i do...Thanks again for the advice!

 

[MenicMonday]

@ rezafc thanks a lot for your advice...

However you say that the amount of time i would work as a student would not be counted, but its clearly mentioned by CIC that:

"Applicants who are authorized to work in Canada without a work permit are eligible to apply under the Canadian Experience Class, but must provide
documentation with their application establishing that has a legal temporary status in Canada during their period of qualifying work experience
e.g (copy of a visitor record)"

and this particular statement is so confusing by CIC:

"You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week."

If they mean 30 hrs on an average in 1 year, then i will definitely qualify, however if its mandatory to work for 30hrs in a week throughout the course of
1 year then i don't.

My company is not willing to support me for LMO due to company policies neither would the nominee program work out
I have already applied for AINP, and got the file no, however due to the increased processing times i stand no chance of nomination until December.

I am gonna try for a BOWP on the basis of AINP file no and a strong cover letter drafted by my company that they see me as a good potential!

Do you think it could work out? or have you ever seen anyone get lucky with bowp?

I am so stressed out thinking what do i do...Thanks again for the advice!

The one you quoted is based on R186 (I think), which are for those workers not needing a work permit. It means that even if they are not required to have a WP to claim the experience, they needed to be legally in Canada under a TRV.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-78.html#docCont

It's clear: at least 30 hours of paid work per week...I don't see any "average" in the regulations.

 

[ritvik123]

Thanks man, you really have good knowledge regarding these things!

If you could suggest me any other way out, would be really appreciated

Do you think i stand any chance for Federal?

 

[jes_ON]

Current guidance on the CEC program is provided by the OP 25A:

www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf

p4 -
Note: Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g., work experience gained through co-op work permits, off-campus work permits while a full-time student, and on-campus work permits).

 

[ritvik123]

@jes_ON thanks a lot guys, you all saved me with your sound knowledge about the system!

Could you answer 1 more question for me?

I am currently on my post graduate work permit, so if i take up another course of 1 year, will i be eligible for a new open work permit for 1 year?

 

[jes_ON]

@ jes_ON thanks a lot guys, you all saved me with your sound knowledge about the system!

Could you answer 1 more question for me?

I am currently on my post graduate work permit, so if i take up another course of 1 year, will i be eligible for a new open work permit for 1 year?

Unfortunately, no, you're only eligible for a PGWP once, ever.

 

[ritvik123]

Oh gosh, i stand no chance now for sure, even after having such a good job and a decent profile!

I scored 7.5 bands in ielts recently.
Have an MBA degree
4 years of work exp outside Canada for 3 reputed Multi National Companies
Education and decent job in Canada too!

Its heartbreaking that i have to go back in January now! No justice for skilled immigrants!

All i have gauged in the last 2 years in Canada is that they mainly want immigrants to fulfill their labor jobs and they keep harping for no reason ,
that they want skilled immigrants.

If you have any other suggestions for me, do advice!

Thanks again!

 

[quinoa]

Hi Ritvik123,

There is an ambiguity in the clause regarding definition full-time work and its equivalent. It is up to the officer viewing your application to decide whether 20 hours/week would qualify at all (no matter how much they would add up to cumulatively) - even a CIC call centre agent confirmed this to me.

Are you planning to study full-time? If not, you may still qualify.

I would really recommend you to see an immigration advisor / get a consultation with a lawyer to find out about other options you may have.
Good luck

 

[jes_ON]

Oh gosh, i stand no chance now for sure, even after having such a good job and a decent profile!

I scored 7.5 bands in ielts recently.
Have an MBA degree
4 years of work exp outside Canada for 3 reputed Multi National Companies
Education and decent job in Canada too!

Its heartbreaking that i have to go back in January now! No justice for skilled immigrants!

All i have gauged in the last 2 years in Canada is that they mainly want immigrants to fulfill their labor jobs and they keep harping for no reason ,
that they want skilled immigrants.

1) Start looking for another job - find an employer who is willing to apply for the LMIA
2) Wait and see what the new rules will be under express entry (you'll be out of status in January, but have 90 days to apply for restoration and a new work permit).
3) Not sure what you were planning to study, but if you do a master's degree or PhD in Ontario, you qualify under the Ontario PNP... (as well, there's the PhD stream in the Federal Skilled Worker class). (Current rules, always subject to change...)

 

[ritvik123]

Yeah i am trying to find for a new job now, that's the only option left for sure!

I will be trying my luck and apply for bridge open work permit on the basis of my PNP file # and a strong cover letter from my company,
which would describe my skills set and the company looks at me as an asset for the future!

Have you come across anybody who has got a BOWP without LMO or AOR?

Thanks!

 

[jes_ON]

LMO is not a requirement of the BOWP, but the approval in principal is... The only ones who can get the BOWP without having the AOR in advance are those whose AOR was issued while their BOWP application was in process. I thought you said you're still waiting for the AINP nomination, so you haven't even applied to CEC yet, correct? You can try, but you might get an unusually speedy response : )

I'm confused how you can have such a seemingly supportive employer, who refuses to apply for an LMIA...