Query on Eligibility under type A (Graduate teaching assistant)

[elm662]

Dear Friends,

I would appreciate it if you help me figure out weather I am eligible or not.
I have an employment verification letter that says my position is "Graduate teaching assistant"
and totally I worked for 3,200 hours. The thing that confuses me is my working hours that are under 4 different categories:

1-greaduate teaching fellowship (earning component) >>> under this, I worked 576 hours
(and received salary)

2-greaduate teaching fellowship (scholarship component) >>> under this, I worked 1920 hours
(and received salary)

3-graduate student scholarship (earning component) >>> under this, I worked 64 hours
(and received salary)

4-graduate student scholarship (scholarship component) >>> under this, I worked 640 hours
(and received salary)

On the other hand, on my contracts it's mentioned that for example out of 52 (40+12)hours employment I should provide 12 hours teaching per week and the remainder of my time must be spent on my graduate program. I know that I can take that 12 hours into account as Teacher assistant, But can I take that 40 hours into account because the whole 52 hours are under the position of "Graduate teaching assistant"?
Although I don't teach or mark but I do part of my graduate program during that 40 hours/week and I am confused if I can take it into account or not? (I received salary for that)

I am still a grad student.
So am I eligible for CEC ? (NOC 4012 type A)

Thanks in advance

 

[googler]

Let's see what are the proposed changes in CEC after 2 Jan 2013. If they stop accepting employment during full-time studies, then you will not be eligible to apply.

If the changes in regulations still allow you to apply, then I would suggest getting a reference letter from your supervisor mentioning the real hours you worked as TA, without even bothering to send CIC a copy of your contract (it's not mandatory). I believe scholarship parts do not count as working hours, but again that depends on what will be written in your reference letter.

Keep things simple and do not confuse the visa officer. One simple job title (teaching assistant) will make things straight-forward. Keep in mind that you should persuade the officer that you are more like an employee (i.e. TA) who studies alongside his work, rather than a full-time student who also has a kind of part-time job. Put the emphasis on work in your application than you being a student.

 

[Red and Black]

You must have a post grad work permit (graduate stream) or just a work permit (foreign worker stream). The experience will only be counted if you have either of these permits.

If you need further clarification, I suggest you consult a lawyer/immigration consultant.

 

[googler]

You must have a post grad work permit (graduate stream) or just a work permit (foreign worker stream). The experience will only be counted if you have either of these permits.

If you need further clarification, I suggest you consult a lawyer/immigration consultant.

Just one point to mention. With the current regulations (not those suggested for 2013), a full-time student at MSc or PhD level can work as a research assistant or teaching assistant only with his study permit because the job is done on-campus. Study permit alone gives legal status for working on-campus and this job (NOC 4012) requires the employee to be enrolled in a university program as well. With current regulations, there is no obligation to have either post grad work permit to apply as graduate stream or an "only" work permit for foreign worker stream. In fact, for this specific job, the work permit is the study permit. However, there are some news that this might change beginning 2013.

 

[elm662]

“The government is committed to creating a fast and flexible immigration system that works for Canada’s economy,” said Minister Kenney.

It seems like they intend to make this stream more flexible and fast. Requiring that while full time work one should not have registered as full time study make the situation bad and it is not along the way of their policies which are based on facilitating this stream. By the way lets wait for two more days and see what happens and lets hope for the best.

 

[googler]

“The government is committed to creating a fast and flexible immigration system that works for Canada's economy,” said Minister Kenney.

It seems like they intend to make this stream more flexible and fast. Requiring that while full time work one should not have registered as full time study make the situation bad and it is not along the way of their policies which are based on facilitating this stream. By the way lets wait for two more days and see what happens and lets hope for the best.

The final changes in regulations of CEC are already published in the gazette on 19 Dec 2012. Here is the link:

gazette.gc.ca/rp-pr/p2/2012/2012-12-19/html/sor-dors274-eng.html

The section concerning CEC is copied as follows:

87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

(2) Paragraphs 87.1(2)(a) and (b) of the Regulations are replaced by the following:

(a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations; and

(b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

(c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

(d) they have had their proficiency in the English or French language evaluated by an organization or institution designated under subsection 74(3) and have met the applicable threshold fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

(e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).
(3) Paragraph 87.1(3)(a) of the Regulations is replaced by the following:

(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;
(4) Subsection 87.1(3) of the Regulations is amended by adding “and” at the end of paragraph ( b ) and by repealing paragraphs (d) to (g).

(5) Subsections 87.1(4) and (5) of the Regulations are repealed.

 

[elm662]

"If you are a student and graduated from a Canadian post-secondary institution, you can gain the work experience required for CEC through the Post-Graduate Work Permit."

but it didn't mention that work experience should be gained after graduation!
It means that we can apply under this stream after graduation. isn't it?

 

[jes_ON]

"If you are a student and graduated from a Canadian post-secondary institution, you can gain the work experience required for CEC through the Post-Graduate Work Permit."

but it didn't mention that work experience should be gained after graduation!
It means that we can apply under this stream after graduation. isn't it?

There are no longer 2 streams (foreign worker vs post-graduate). The requirements are the same for everyone now - 1 year of full-time work experience. Working while a full-time student is not counted.