Under the Canadian Experience Class (CEC), work experience need not be continuous. Therefore, applicants need not have a job at the time of application. However, they would need to have temporary status during the qualifying period of work experience acquired in Canada. This is in accordance with the provisions specified in R87.1 (3) (c). It is worth noting that the ‘Employment Requirements’ specified in the National Occupational Classification (NOC) occupational description are not applicable.

Applicants should not include any periods of self-employment or unauthorised work while calculating their period of work experience. This is in accordance with the provisions specified in R87.1 (3) (b). Similarly, some individuals might have worked in Canada without the appropriate authorisations. Because of this, officers would hold that the individuals have failed to comply with the provisions specified in A30 (1). As such, the authorities could find them inadmissible under the provisions specified in A41.

Note:

• Under the Canadian Experience Class (CEC), officers would consider work experience acquired while under implied status as eligible work experience
• However, for this to happen, the applicants would need to continue working in Canada under the same conditions as their original work permit, until the authorities make a decision on their applications for work permit extensions
• The authorities would also provide an allowance for a reasonable period of vacation time while calculating the period of qualifying work experience
  • Therefore, they would allow for a two-week period of paid vacation leave within a specific 52-week period during which the applicant was engaged in acquiring the qualifying work experience
• However, applicants would not receive an allowance for normal vacation time during a period of qualifying work experience as a substitute (or proxy) for meeting the in-Canada element of the work experience requirement
  • For instance, the authorities would not consider work experience obtained outside Canada as if the applicant had been on a period of vacation in order to count it as part of the period of in-Canada work experience
• Officers would account for a reasonable period of vacation time while calculating the period of qualifying work experience in Canada
• However, they would consider each application on its own merits
• They will undertake a review of all the information available to the officer at the time of the decision and base their final decision on this information

The Process for Assessing Work Experience for Applications Received On or After January 02, 2013

The Process for Assessing Work Experience for Applications Received Prior to January 02, 2013

The Process for Determining an Applicant’s Employment Status

The Factors to Consider When Determining Whether an Applicant is an Employee or Self-Employed

The Process for Bridging Open Work Permits

Foreign nationals in Canada might require facilitation that enables them to maintain their status and continue working in Canada. This is especially so if they are awaiting a final decision on their application for permanent residence in the Canadian Experience Class (CEC). However, this provision is only applicable to foreign nationals in Canada who:

• Have received a positive determination of eligibility decision under the Canadian Experience Class (CEC)  and,
• Have a current temporary resident work permit that is due to expire soon

Source: Citizenship and Immigration