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Need advice on the Federal skilled trades class regarding work experience

Edmonton2012

Newbie
Aug 20, 2012
4
0
Hey there.

I lived in Edmonton on a Working Holiday Visa in 2012 and moved back to Germany in January 2013.
My old boss is currently advertising a position for me.

I would like to know if there are any German Carpenters (or any trade that usually requires a Master certificate to practice independently in Germany) have successfully used the Federal skilled trades class.
Maybe even someone with a similar situation from another country.


On the official government website for the FSTC it states:
"-performed the actions described in the lead statement for the occupation and a substantial number of the main duties listed in the description of the skilled trade occupation as set out in the NOC, including all of the essential duties. They must have been performed after the applicant qualified to independently practise the skilled trade occupation in the jurisdiction where the work was performed."

I can prove that I obtained over 24 months of the needed skilled work time including reference letters that state the main and essential duties needed (2 years of that in Germany, about 4 months in Alberta).

Carpentry is an unregulated trade within Germany. It can be practised without a state license, but to become self employed you need to obtain a Master Carpenter certificate.

The master craftman certificate is something that can be obtained after a certain amount of time on the job or straight after becoming a journeyman. Within Europe this certificate is rated equal to a bachelors degree.

The law that quotes that a master craftman certificate is needed to pratice independently only applies to so called "stationary" companies because they have to follow the handicraft regulations.
You can however become self employed by opening a business with an Itinerant Trade License.
(Quote from government Website: "You have an itinerant trade, if you offer specific services outside your place of business or if you do not have a place of business (e.g. market trader, showman, operator of a mobile snack van). However, sales representatives are not businessmen carrying out an itinerant trade.")

The handicrafts code doesn't apply to a Itinerant Trades and therefore you can practise Carpentry as well as any other trade without beeing certified as a master craftsman.
There is no Journeyman certificate or work experience needed either.

I know lots of people from within the industry that are not certified master craftsman but work independently with a Itinerant Trade certificate for years.

Our Federal Constitutional Court ruled that the only difference between a stationary and a itinerant company are the way that work is obtained.
The stationary company is contacted by the customer while the itinerant company needs to obtain the job by contacting the customer first.


Should I try to apply once my employer obtains an LMIA and present CIC with that information or could they say that it was misrepresentation and ban me from canada for the next 5 years?

I'm happy for every advise I can get

Thanks in advance