Express Entry Foreign Work Experience
With reference to segments 23 and 24 given above, the authorities have formulated a definition for ‘foreign work experience’. Foreign work experience denotes work experience that:
- A foreign national in Canada acquires in one or more occupations listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification (NOC) matrix
- Comprises continuous full-time work experience (or the full-time equivalent for part-time work experience) and,
- A foreign national in Canada acquires within the 10-year period preceding the day on which the authorities assign points to the foreign national in this category
To be eligible for receiving points in this category for their Canadian work experience, foreign nationals would need to:
- Specify the four-digit code found in the National Occupational Classification (NOC) matrix that corresponds to each of the occupations they have engaged in while accumulating their Canadian work experience in their expressions of interest and,
- Ensure that they have performed the actions specified in the lead statement for the occupation as described in the occupational descriptions of the National Occupational Classification (NOC) matrix
- This also includes carrying out a substantial number of the main duties, including all the essential duties, as specified in the National Occupational Classification (NOC) matrix
- For the purposes of this segment, the authorities have described full-time employment as employment for at least 30 hours per week
- Similarly, for the purposes of this segment, the authorities have specified that they would consider and evaluate the following as a single period of full-time work experience in a single occupation:
- A period of work experience that exceeds full-time work in one occupation or,
- Simultaneous periods of work experience in more than one full-time occupation
Source: Citizenship and Immigration
2015-02-04 | 2015 FC 141 | IMM-4550-13
Song v Canada (Citizenship and Immigration)
- An applicant for Canadian Experience class permanent residency cannot be rejected merely because his employment experience does not match the exact wording of the required employment duties listed in the National Occupation Classification [NOC].
- Such an application also cannot be rejected merely because the applicant’s previous employment experience failed to include one of the duties listed under the NOC.
Song applied for judicial review of the decision of a visa officer to reject his application for permanent residency as a member of the Canadian Experience Class. He had applied under the National Occupation Classification of Retail and Wholesale Trade Manager.
The officer rejected Song’s application because he did not meet the skilled work experience requirement. Song had provided a letter outlining his duties as storefront manager at a Toronto pharmacy but the visa officer argued that the duties listed in the letter did not specifically match the duties required under the NOC. Furthermore, the officer argued that Song’s letter had failed to mention that Song had studied competitors’ sales operations, which is one of the requirements duties listed under the NOC.
The Federal Court found the officer’s decision to have been unreasonable for two reasons. Firstly, the Court opined that an applicant’s written employment experience does not have to match the exact wording of the duties listed under the NOC in order to meet the experience requirement. Secondly, the Court opined that if an applicant’s written employment experience does not include one of the required duties, his application should not automatically be disqualified.
Song’s work experience was deemed by the Court to have satisfied all relevant requirements under the NOC except for the requirement concerning competitor’s sales operations.
The court thus quashed the officer’s rejection of Song’s application and returned the application for reconsideration by another officer.