URGENT: Is paid vacation still counted part of 52 weeks for CEC?

[jes_ON]

Hi, have the same problem and really struggle to find the answer. I work in Canada as International Marketing Specialist (NOC A). I represent my company on various events and fairs, spending over 60 days abroad during the year. Business trips are essential part of my job. Are there any in country work experience requirements? Will CIC count these days for CEC? I would appreciate your assistance

So, unfortunately, you will not find clear-cut guidance. A couple of years ago, there seemed to be an attempt to harmonize the PR rules with the "physical presence rules" of citizenship, but I don't think that is true at this time. Here's all that you have to go by :

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html

"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 in-Canada 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."

So, this seems to suggest that work experience must physically take place inside Canada, but it is also specifically addressing people who work outside Canada and claim it as "vacation" to meet the one year requirement. It also says it will be considered on a case-by-case basis.I think if you wanted to spend 2 months in your home country working remotely, that would not count. But in your case, you clearly have international travel responsibilities as part of your job duties, I think it would probably be accepted. Many people have posted about having their international business trips accepted.

If you can afford to wait 2 an extra two months, that is one way to be certain you meet the requirement.

 

[ouyangtracey]

Business trips abroad count towards CEC experience. Please see the following for official response from IRCC on this matter:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/response-from-ircc-on-business-trips-abroad-for-cec.585243/

 

[praspirantak]

Jes,

Appreciate if u can provide thoughts about below case

Below is my profile briefly:
- Entered Canada on July 21st 2018.
- Payroll in Canada start from July 23rd 2018.
- Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
- I was working from India and my payroll was active in Canada. Have payslips and all for this period.

My questions are
- Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
- Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?

Thank you.!
PR Aspirant.

 

[praspirantak]

Business trips abroad count towards CEC experience. Please see the following for official response from IRCC on this matter:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/response-from-ircc-on-business-trips-abroad-for-cec.585243/

This seem to be after getting PR.!

 

[jes_ON]

This seem to be after getting PR.!

There is a difference between traveling for business purposes, and staying in your home country for personal reasons while working remotely. One trip is for your employer, the other is not.

 

[jes_ON]

Below is my profile briefly:
- Entered Canada on July 21st 2018.
- Payroll in Canada start from July 23rd 2018.
- Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
- I was working from India and my payroll was active in Canada. Have payslips and all for this period.

My questions are
- Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
Date of entry is irrelevant. The date you actually started working (and can document) is the start date. If you were paid starting July 23rd, that is your start date.

- Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?
I would say no. It's possible that some are approved, but am certain of that some are not. It is up to you if you want to try, just be prepared for a refusal and to apply again. My advice would be to just work the extra time and then apply.

 

[21Goose]

I agree with @jes_ON - 75 days is too long. Apply after you have one year of physical presence working in Canada.

 

[sbc12345]

Jes,

Appreciate if u can provide thoughts about below case

Below is my profile briefly:
- Entered Canada on July 21st 2018.
- Payroll in Canada start from July 23rd 2018.
- Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
- I was working from India and my payroll was active in Canada. Have payslips and all for this period.

My questions are
- Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
- Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?

Thank you.!
PR Aspirant.

Hi,
Did you go ahead with the application? I am in similar situation as you so needed some guidance. Thanks

 

[praspirantak]

Hi,
Did you go ahead with the application? I am in similar situation as you so needed some guidance. Thanks

Nope, not yet.

 

[praspirantak]

Jes,

Appreciate if u can provide thoughts about below case

Below is my profile briefly:
- Entered Canada on July 21st 2018.
- Payroll in Canada start from July 23rd 2018.
- Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
- I was working from India and my payroll was active in Canada. Have payslips and all for this period.

My questions are
- Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
- Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?

Thank you.!
PR Aspirant.

Jes / 21Goose,

One more question on this. I decided to wait for additional time and apply. But is it ok if I wait for 75 days (time outside) and apply? Or should I wait until Feb 1st (last entry date in Canada)

In other words does the 1 year experience has to be continuous?

 

[21Goose]

Jes / 21Goose,

One more question on this. I decided to wait for additional time and apply. But is it ok if I wait for 75 days (time outside) and apply? Or should I wait until Feb 1st (last entry date in Canada)

In other words does the 1 year experience has to be continuous?

Work experience under the Canadian Experience Class does not need to be continuous. You need 1 year of experience in the three years prior to applying.

Work experience under the FSW does need to be continuous.

You're applying under CEC, correct? If so, then you can wait 80-odd days (build in a few days buffer) and then apply.

 

[praspirantak]

Jes,

Appreciate if u can provide thoughts about below case

Below is my profile briefly:
- Entered Canada on July 21st 2018.
- Payroll in Canada start from July 23rd 2018.
- Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
- I was working from India and my payroll was active in Canada. Have payslips and all for this period.

My questions are
- Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
- Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?

Thank you.!
PR Aspirant.

Jes, with the above dates, I think I complete 1 year on Oct 5th. Could you please take moment and provide your thoughts.

 

[jes_ON]

So, between July 23 2018 and July 22, 2019 you worked 290 (365-75) days - 290 / 7 days per week = 41.4 weeks of employment in your first calendar year.

Since July 23, 2019 (as of today), you have worked 11 weeks, for a combined total of 52 weeks. Congrats, you meet the one year requirement.

 

[praspirantak]

Hi Jes,

Thanks for all the guidance. I finally got my ITA after waiting for additional 75 days. I have few questions while filling the application, could you please help with them

1. I mentioned 20,000 for the question "How much money (in Canadian dollars) will you bring to Canada to support themselves and their family?". But I received ITA is Canadian Experienced Class. Can I now mark this field as 0 as POF is not necessary for CEC?

2. Is it ok to give No for "Do you have a fax number?". Does it lead to any communication gaps?

3. How accurate Address history has to be? I have close to 17 address for the past 10 years and I rounded of few of them to nearest end of Month or Year as I don't have the accurate dates. Is that fine?

4. Have you listed all of your periods of military service or government positions (if any), and all of the organizations that you belongs to (if any)?
- I don't have any Military Service or Govt Positions held nor I am part of any organizations. So, I marked this as Not applicable. Could you confirm if this is fine.

5. My US Visa was denied once, so answered yes for both of below questions. Please let me know if that is fine.
-Have you been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?
-Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

6. I haven't mentioned about my wife work history in the profile creation, as I haven't claimed any points from it. But my wife has work history in US, India and Canada. Do I have to mention this in the application? If yes, what supporting documents should be attached?

7. Are you a lawful permanent resident of the United States with a valid U.S. Citizenship and Immigration Services (USCIS) number?
- My kid is a US citizen, that doesn't make him Permanent Resident as the definition for both is different. So answered No for this. Please let me know if it is fine.

8. For family info, I filled in Father, Mother and Siblings. Do we need to call out any one else? My Kid is only one for us, so he will not have any entries family section as Myself and My wife are already part of application. Please confirm if this is fine.

9. Do we need to attach Payslips for all the roles? Or the tax returns documents is fine?

10. I have RCMP verification done even its not necessary. Can I attach this to the application?, If yes, where can this be attached.

Appreciate responses.

 

[NivedhithaCibi]

Hi all, I am in a similar situation as praspirantak, 71 days paid vacation spent in India. Did anyone make sure that CEC experience need not be continous?