Work Experience obtained under Implied Status

[nxg]

Hello everyone,

I completed a two year program in December 2015 and applied for my PGWP in Jan 2016. I started working from Jan after applying for PGWP. My study permit expired in March 2016. However, I obtained my PGWP only in May 2016. So, if I were to apply under CEC, would my experience from Jan 2016 to May 2016 be valid and counted towards the work experience requirements? Your feedback is much appreciated. Thanks very much.

 

[madlouni]

Hello everyone,

I completed a two year program in December 2015 and applied for my PGWP in Jan 2016. I started working full time from the beginning of Jan. My study permit expired in March 2016. However, I obtained my PGWP only in May 2016. So, if I were to apply under CEC, would my experience from Jan 2016 to May 2016 be valid and counted towards the work experience requirements? Your feedback is much appreciated

After graduation you can not work using your study permit, so you work from Jan 2016 to May 2016 was "illegal"
According to the below article
http://www.cic.gc.ca/english/study/work-offcampus.asp

That says in order for you to qualify to work off campus on your study permit you have to be enrolled in an educational institution and that you must STOP working if you are no longer a full-time student.

I may be reading this wrong so you better call CIC and check with them what they say about it

 

[samroc]

There is an exception for international students who have completed their course of study and are waiting for a decision on their PGWP after having applied for one. I was provided this link by the CIC certified immigration advisor at my school: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

A foreign national may work in Canada without a permit if:

(w) if they are or were the holder of a study permit who has completed their program of study and

(i) they met the requirements set out in paragraph (v), and

(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

 

[mesumrizvi]

i believe it will be counted if you worked under off campus work permit.. if u did not have OCWP and worked on expired study permit, then it will most probably not be counted towards CEC.

 

[nxg]

I started working after applying for PGWP and while my study permit was valid as well. So that's my concern as to whether that experience will be counted or only the experience after the receipt of PGWP. Thanks

 

[jes_ON]

I started working after applying for PGWP and while my study permit was valid as well. So that's my concern as to whether that experience will be counted or only the experience after the receipt of PGWP. Thanks

This question is typically asked and answered dozens of times each week. I sure wish IRCC could make a statement about this. Well, I haven't answered this in a while, so here goes -

The requirements are that you have gained your experience in Canada with the proper authorization. What is excluded is work performed while you were a full-time student.

Therefore, the work experience in the interim SHOULD count, since (A) you maintained authorization to work (which includes implied status), and (b) you were no longer a full-time student.

HOWEVER, it is not automatic. In practice, VOs appear to look at the start date of the PGWP and go from there.

SO - if you want the interim experience to count, you have to write a letter of explanation about how it meets the requirements. That is, you were no longer a full time student effective DATE (graduation date - provide documentary proof), and you were authorized to work because...

In the past, this has worked for many applicants. However, I have not heard recently from others who have been approved, based partly on this interim experience. It would be great to get an update to make sure that this process is still working.

If you don't want to take any risks, you can always work a little longer and calculate your eligibility from the date of your PGWP.

 

[mesumrizvi]

I can confirm that this is still working atleast till Nov 2015 when my application got approved. I graduated in May 2013 and started work in July 2013. My PGWP was approved on 20th August 2013. I attached my Confirmation of Graduation letter from my college to confirm my graduation of May 2013 so all pre-PGWP experience can be counted towards my CEC application.

 

[Nalanda]

I am also in the same situation now.

Regarding the ITA I received through the express entry to apply under CEC.
- I received degree completion letter from University on 23-Feb-2015
- I applied for the post-graduate work permit (PGWP) online on 24-Feb-2015
- My study permit was valid till 31-March-2015. From 1-April-2015, I was on implied status till 7-May-2015
- But the date issue of PGWP is on 8-May-2015
- I received ITA on 1-June-2016

Scenario1:
Job1 : Company A
Status: Part time
Duration : 1-Apr-2015 to 08-Aug-2015 (PGWP issued on 8-May-2015)
Total weeks: 18 weeks and 4 days (I have been told that 18hrs/30hrs=0.6, 18.4 weeks*0.6= 11 full-time weeks)
Hours/week : 18 hrs
Total hours : 18.4weeks*18hrs=331hrs

Note: 09-Aug-2015 to 16-Aug-2016, I didn't work.

Job2: Company B
Status : Full time
Duration : 17-Aug-2015 to 1-June-2016
Total weeks : 41 full-time weeks and 3 days
Hours/week : 37.5
Total hours : 41.3 weeks*30hrs=1239hrs

Job1 (11 full-time weeks) + Job2 (41 full-time weeks) = Total (52 full-time weeks and 1570hrs), In this case, I completed 1 year.

Scenario2:
Job1 : Company A
Status: Part time
Duration : 8-May-2015 to 08-Aug-2015 (Start date as per PGWP issue date instead of actual job start date which is on 1-Apr-2015)
Total weeks: 13 weeks and 1 day (I have been told that 18hrs/30hrs=0.6, 13weeks*0.6= 8 full-time weeks)
Hours/week : 18 hrs
Total hours : 13weeks*18hrs=234hrs

Note: 09-Aug-2015 to 16-Aug-2016, I didn't work.

Job2: Company B
Status : Full time
Duration : 17-Aug-2015 to 1-June-2016
Total weeks : 41 full-time weeks and 3 days
Hours/week : 37.5
Total hours : 41.3 weeks*30hrs=1239hrs

Job1 (8 full-time weeks) + Job2 (41 full-time weeks) = Total (49 full-time weeks and 1473 hrs). As per sceanrio2, I require 3 more full-time weeks. Then I will complete my 1 year only on 20-June-2016.

When do I complete my 1 year of Canadian work experience?

Can I accept the ITA which I received on 1-June-2016 or not?



Thanks in advance.