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Calculating Experience Points


DISCLAIMER:

The following has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.


We have been receiving a number of communications from prospective applicants enquiring whether units of assessment can be obtained under the Factor - Experience, where the intended occupation is different than the occupation under which the applicant has been predominantly employed in the past.

We also note the frequency of questions raised concerning the issue of whether experience derived from education and training positions will be recognized.

Indeed current guidelines and procedures being applied by the Ministry, do recognize certain instances where experience can be recognized which is different from the intended occupation on the List in Canada .

For example in the Dentistry profession which is a "closed" occupation, some practicing dentists may have performed a range of activities including Denturist (3157-126); Dental Ceramist (3157- 142); and Dental Technician, Crown and Bridge (3157-146); which are "open" occupations.

Likewise, an individual entrepreneur/business person who has operated a successful manufacturing concern for many years, would arguably possess sufficient experience as a Buyer (5191-110); or as one of a number of sales related occupations. Such a prospective applicant would be pleased to learn that his/her qualifications may meet the selection criteria as an Independent immigrant in addition to that of an Entrepreneur which entails higher processing fees and the imposition of Terms and Conditions.

These scenarios, without limitation, will in most instances depend upon reasoned presentations on the part of the applicant and which would be left to the discretion of the interviewing visa officer to decide on the number of units of assessment if any, that could be awarded.

With respect to education and training positions, certain occupations in Canada, require a minimum of education as described in the Occupational Entry requirements. One may not count towards the experience factor, employment held positions which form part of the actual degree requirements and which is a pre requisite to completing the degree.

However where one has completed the degree requirements and then goes on to become employed in a non education/training position, this experience may count towards the Experience Factor.

Graduate training usually entails research positions at the Doctorate or Post Doctorate levels. As most of the open occupations do not require a Doctorate or Post Doctorate training, the experience derived from this experience is over and above that which is required for the intended occupation in Canada and is therefore likely to be recognized.

These issues become important to prospective applicants with unique backgrounds in that zero units of assessment under the experience factor are a bar to further processing, unless the applicant has arranged employment in Canada and has a written statement from the proposed employer verifying that he/she is willing to employ an inexperienced person in the position in question, and, the visa officer is satisfied that the person can perform the work required without experience.

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