Overtime work/ vacation confusion For express entry

[dgopal]

Hi All,

I am an artist belong to film and Vfx industry, so doing overtime is very common in our field which sometime 60-70 hrs per week when movie release date comes near.
According to CIC, I should complete 1560 hrs of work and 52 weeks of continuous job to be eligible for CEC or gaining experience points in express entry.
In my case,
I have got LMIA and work permit from a company in Vancouver for full time job, last year in the month of Nov 2017
I have worked for 5 months and already finish work hrs equivalent to 7-8 months of continuous/ 40 hr per week hours.
After 5 months, I went for vacation for 1 month and due to my leg injury I have to extend my vacation for another 1 month 10 days.
I will resume back in July and continue with my job which almost after 2 months of break.
I am pretty sure I will complete my hrs quota by September. And in October I will finish 1 year
So, my question is , will I be eligible for CEC, will I get express entry points for work experience?
Does my vacation of 2 months will be troublesome in counting 52 weeks full time experience?

Please help me since I am not having clarity on this.
Else I have to go back to my home country. Since in October my permit will be expired.

Thanks in advance.

 

[scylla]

Hi All,

I am an artist belong to film and Vfx industry, so doing overtime is very common in our field which sometime 60-70 hrs per week when movie release date comes near.
According to CIC, I should complete 1560 hrs of work and 52 weeks of continuous job to be eligible for CEC or gaining experience points in express entry.
In my case,
I have got LMIA and work permit from a company in Vancouver for full time job, last year in the month of Nov 2017
I have worked for 5 months and already finish work hrs equivalent to 7-8 months of continuous/ 40 hr per week hours.
After 5 months, I went for vacation for 1 month and due to my leg injury I have to extend my vacation for another 1 month 10 days.
I will resume back in July and continue with my job which almost after 2 months of break.
I am pretty sure I will complete my hrs quota by September. And in October I will finish 1 year
So, my question is , will I be eligible for CEC, will I get express entry points for work experience?
Does my vacation of 2 months will be troublesome in counting 52 weeks full time experience?

Please help me since I am not having clarity on this.
Else I have to go back to my home country. Since in October my permit will be expired.

Thanks in advance.

Assuming your vacation was unpaid, you will not qualify for CEC in September / October. To qualify for CEC, you must have a year of Canadian work experience. To have a year of work experience, you not only having the required hours, but also having 52 separate weeks where you worked at least 30 hours each week. Overtime hours cannot be used to compensate for weeks missed. One week is counted as one week - regardless of whether you work 30 hours, 50 hours or 90 hours.

 

[scylla]

they have all these requirements for tax purposes?

I'm not sure I understand your question.

These rules are immigration rules - nothing related to taxes.

 

[jes_ON]

Hi All,

I am an artist belong to film and Vfx industry, so doing overtime is very common in our field which sometime 60-70 hrs per week when movie release date comes near.
According to CIC, I should complete 1560 hrs of work and 52 weeks of continuous job to be eligible for CEC or gaining experience points in express entry.

Not entirely correct. You have to have a combined total of 1 year of Canadian experience (full -time or full-time equivalent) , it does not have to be continuous. You do not count hours if you are full-time (defined as "30 or more hours worked per week"), you must have 52 weeks of full-time paid employment (which includes paid vacation).

1560 hours is the hourly equivalent for part-time workers. By definition it will take more than 1 year for part-time workers to attain the one year equivalent of full-time work. If you arre full-time, you do not count hours.

In my case,
I have got LMIA and work permit from a company in Vancouver for full time job, last year in the month of Nov 2017
I have worked for 5 months and already finish work hrs equivalent to 7-8 months of continuous/ 40 hr per week hours.
Not correct.. If you have worked 5 months full-time, then you have 5 months of experience.

After 5 months, I went for vacation for 1 month and due to my leg injury I have to extend my vacation for another 1 month 10 days.
I will resume back in July and continue with my job which almost after 2 months of break.
I am pretty sure I will complete my hrs quota by September. And in October I will finish 1 year
TYou have to work a MINIMUM of one year. Further, IRCC will not consider 2+ months of vacation as "reasonable". So you cannot count any unpaid leave of absence. So depending on your exact start date and how much unpaid leave you have to deduct, you may be eligible in December 2018 or January 2019.

Please help me since I am not having clarity on this.
Else I have to go back to my home country. Since in October my permit will be expired.

Is it not an option to get a new LMIA and extend your work permit ?

 

[dgopal]

Assuming your vacation was unpaid, you will not qualify for CEC in September / October. To qualify for CEC, you must have a year of Canadian work experience. To have a year of work experience, you not only having the required hours, but also having 52 separate weeks where you worked at least 30 hours each week. Overtime hours cannot be used to compensate for weeks missed. One week is counted as one week - regardless of whether you work 30 hours, 50 hours or 90 hours.[/QUOTE


Thank you for your reply!!

 

[dgopal]

Thank you very much for these answers. It made things so clear

 

[dgopal]

[/QUOTE

And yes, I will be getting new LMIA from different employer. But, that would be 3 months!
So, we are preparing for express entry, but we are falling short of points since, to gain 50 points of job offer, we should have confirmation from employer that we will have 1 year job once we receive PR.
Please let me know if above stated thing about job offer points is correct or not?

Since if getting full time job offer would have solved the points shortage, we just needed to focus on IELTS more to get points close to 450, currently we have 413 points considering current IELTS score

 

[jes_ON]

So, we are preparing for express entry, but we are falling short of points since, to gain 50 points of job offer, we should have confirmation from employer that we will have 1 year job once we receive PR.
Please let me know if above stated thing about job offer points is correct or not?

Because you are already here on an LMIA-approvied work permit, you only need a need a written offer of (Future) employment from your current employer, for a minimum of 1 year, if you become a permanent resident.

"Your job offer must:

• be in writing
• not be from an embassy, high commission or consulate in Canada
• set out details of the job they’re offering you, such as:
  • your pay and deductions
  • your job duties
  • conditions of employment, like your hours of work"

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html

 

[dgopal]

So, we are preparing for express entry, but we are falling short of points since, to gain 50 points of job offer, we should have confirmation from employer that we will have 1 year job once we receive PR.
Please let me know if above stated thing about job offer points is correct or not?

Because you are already here on an LMIA-approvied work permit, you only need a need a written offer of (Future) employment from your current employer, for a minimum of 1 year, if you become a permanent resident.

"Your job offer must:

• be in writing
• not be from an embassy, high commission or consulate in Canada
• set out details of the job they’re offering you, such as:
  • your pay and deductions
  • your job duties
  • conditions of employment, like your hours of work"

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html

Thanks Jeson!!