Paid vacation under CEC - Traveled out of Canada

[evanstp9]

Hello!

I have the following question, could not found a clear answer in similar posts:

The OP for CEC states that paid vacation is ok to be considered part of qualifing experience, usually 2 weeks, max 3.

But, what happens if you traveled abroad during those 2 weeks??
Do they still count it or not?
Do you HAVE to be in Canada for the vacation to count?

It is crucial for me, as it affects my time to apply, might force me to go mid December, something I want to avoid due to the uncertainty with the caps.


Any help from the experienced members will be appreciated, there's nowhere to find that detail, if not in the OP.

Thank you in advance!

 

[arowberry]

"An allowance for a reasonable period of vacation time will generally be made in calculating the period of qualifying work experience (e.g., a two-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work experience)."

Straight from the horses mouth, on page 10:
http://www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf

Sounds like you'll be absolutely fine, providing you were paid during that period. Other can confirm.

 

[evanstp9]

Thanks but I have read that, I agree that makes sense as you said it.

I do have paystubs that will be submitted for those 2 weeks.

BUT I have read a case here that someone was rejected and claimed that was the reason.

Please check the thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/does-my-vacation-count-toward-cec-t220466.0.html

Pretty unclear, uh??

 

[arowberry]

I read that one as well. The only person who claims to have been rejected is the person who writes:

"Time spent outside of Canada will not count under CEC even if it is paid vacations. I was outside Canada for 3 weeks and it was not counted."

I get the impression that he was rejected because 3 of his 52 weeks were spent on vacation. To me, that document indicates that they would only accept up to 2 weeks in 52 weeks. That he was out of the country probably wasn't a factor.

The idea that you would be rejected for spending a two week holiday outside of Canada, instead of within Canada (perhaps to see your family in your home country), is absolutely ridiculous. I have enough respect for the CIC to think they're not that level of insane.

If don't get an answer that satisfies you, it might be worth spending a day on hold to the CIC

 

[evanstp9]

I agree that it makes no sense, and in general, the CIC has a clear logic behind everything.

My only argument on that one is the basis for CEC, thus 12 months of work experience IN CANADA...

So, if they do count 2 weeks paid vacation (which is clear on the OP), MAYBE they assume or expect that it has to be in Canada, much like the actual work experience you claim.

If so, then makes that guy's claim valid, apart that he also had 1 extra week.

 

[jes_ON]

A few comments - apart from what aroberry has already suggested -

First, CIC asks that salary (or other remuneration) AND BENEFITS be described in the letter of employment. A lot of people skip the benefits part, which includes vacation (I don't know for sure if that was the case in the other thread). The individual in that case had vacation pay added to each pay at the rate of 4%. But when he took vacation, there was no paystub for it, and it won't be recorded as time worked on a Record of Employment. Perhaps if this had been explained in the letter of employment, the "time off" might have been accepted (then again, no guarantee). Unfortunately, this is one of many ways that it is more difficult for hourly workers. I would say to hourly workers, make sure that you can show 52 weeks of paid work (and sadly, for some, that means you won't be able to "count" your vacation).

As for taking vacation outside of Canada - it was not clear if that was the issue, but it could have been. When the residency requirement is counted for Citizenship applications, time outside of Canada is excluded. This is not yet clearly stated for CEC, but it's entirely possible that CIC is going in that direction ... it would make sense for all programs to count residency days in the same way...

Always give yourself a cushion....

 

[evanstp9]

So, to be more case-specific:

I am talking about a worker with hourly rate, who has paystubs for the 2 weeks of paid vacation and of course the benefits will be included in the reference letter from the employer.

But, due to the fact that we also had 2 weeks of unpaid vacation during the year, we are going to apply quite late, so if I do not include those 2 weeks paid vacation, we might end up applying mid December...

As you understand, the overall cap might have been reached by then, as we get closer to the EE.

I'd like to give that extra cushion you mention, but is risky from that perspective, plus CIC has not updated the numbers almost a month now...


I'll try calling them, see what they have to say and then post so other members with similar issues know whether there is a definite answer.

 

[evanstp9]

I post the following section from the CEC OP, link provided: http://www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf


An allowance for a reasonable period of vacation time will generally be made in
calculating the period of qualifying work experience (e.g., a two-week period of paid
vacation leave within a given 52-week period in which the applicant was engaged in
qualifying work experience). An allowance for normal vacation time during a period of
qualifying work experience cannot be used as a substitute or proxy for meeting the inCanada
element of the work experience requirement (i.e., work experience obtained
outside Canada will not be considered as though the applicant had been on a period of
vacation in order to be counted as part of the period of in-Canada work experience).
While officers will account for a reasonable period of vacation time in calculating the
period of qualifying work experience in Canada, each application is considered on its own
merits with a final decision based on a review of all the information available to the
officer at the time of decision.


Does anyone of the more experienced members have any idea about paid vacation time(2 weeks, reasonable enough), but that was taken outside of Canada, back to my home country???

I know that citizenship has that requirement, have talked with call center numerous times, most of them state it counts, as long as it is reasonable and paid, but a few said no...

I wish I could leave some extra time as a buffer but if that could well push me over mid-December, whereas if paid vacation is counted, no matter where you are, I could go ahead and submit even tmr...

 

[clark kent]

Now I am terribly confused!!!

I too had taken 2 weeks vacation or 14 days I was outside Canada. My paystubs are generated monthly and I do not have any concerns regarding that since I did get my complete salary from my parent company.

However will this create an issue since I have been 14 days outside the country? Since I have already more than 1.5 years experience in Canada I can prove that I have spent sufficient time since my vacation as well.

Please advice!!!

 

[jes_ON]

I too had taken 2 weeks vacation or 14 days I was outside Canada. My paystubs are generated monthly and I do not have any concerns regarding that since I did get my complete salary from my parent company.

However will this create an issue since I have been 14 days outside the country? Since I have already more than 1.5 years experience in Canada I can prove that I have spent sufficient time since my vacation as well.

Your situation is completely different from the OP's. Even if you excluded a month of vacation time, you still have 17 months of experience. Not an issue.

 

[clark kent]

What a relief!! Thanks man!! The wait for PR is killing me !! I hope things work out for me and everyone else!!

 

[maniac2403]

Now I am terribly confused!!!

I too had taken 2 weeks vacation or 14 days I was outside Canada. My paystubs are generated monthly and I do not have any concerns regarding that since I did get my complete salary from my parent company.

However will this create an issue since I have been 14 days outside the country? Since I have already more than 1.5 years experience in Canada I can prove that I have spent sufficient time since my vacation as well.

Please advice!!!

I showed 55 weeks of experience towards my CEC application. That included 20 days or 4 weeks of paid vacation time. I was approved. So if the company pays for your vacation days (even if it is more than 2 weeks, one should be fine). But, then again, it will depend on the VO.

 

[mesumrizvi]

If it is paid vacations and the hours of work are showing in your bi-weekly pay stub then it is not an issue.

 

[sm43226]

Hi ,My assignment was for 12 months in Canada and I took 3 weeks in between to visit my home country.Am I eligible for CEC?I work for 40 hours a week and even if I minus 3 weeks ,the total working hours will be well above 1560 ,So can someone please reply if I am still going to be eligible for CEC?
Thanks in advance

 

[jes_ON]

Hi ,My assignment was for 12 months in Canada and I took 3 weeks in between to visit my home country.Am I eligible for CEC?I work for 40 hours a week and even if I minus 3 weeks ,the total working hours will be well above 1560 ,So can someone please reply if I am still going to be eligible for CEC?

If you worked full-time (30 or more hours per week), then "total hours" is not relevant. What matters is the number of weeks of employment, and the MINIMUM requirement is 52 weeks of full-time employment. (CIC provides the hourly equivalent so that part-time workers can calculate their eligibility).

You have left out the important details. Was the 3 weeks "paid vacation"? Unpaid leave of absence? Does your Letter of employment include benefits (such as # of weeks of paid vacation?). Did you work a full 52 weeks?