Open work permit (Am I eligible for applying under Exp.Class)

[Islington]

Hi,

I've been working with open work permit since 2009, as an admin. assisstant. Am I eligible for applying under Exp. Class???My husband got the main wp but he can't proove he worked 3900 hrs as he is not getting the right  hourly rate from his employer. He should get 28 per hour but he is getting approx 20 or less. Any suggestions???Thanks

[jes_ON]

Hi,

I've been working with open work permit since 2009, as an admin. assisstant. Am I eligible for applying under Exp. Class???My husband got the main wp but he can't proove he worked 3900 hrs as he is not getting the right  hourly rate from his employer. He should get 28 per hour but he is getting approx 20 or less. Any suggestions???Thanks

First- whether you would qualify depends on what your duties are - Neither 1411 nor 1441 would qualify (Skill Level C)

1411 -
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileKeyword.aspx?val=1&val1=1411&val11=administrative+assistant&val12=0&val13=0&val14=&val15=0&val16=0

1441
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileKeyword.aspx?val=1&val1=1441&val11=administrative+assistant&val12=0&val13=0&val14=&val15=0&val16=0


BUT  1221 or 1222 would qualify as "skilled"

1221
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileKeyword.aspx?val=1&val1=1221&val11=administrative%20assistant&val12=0&val13=0&val14=&val15=0&val16=0

1222
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileKeyword.aspx?val=1&val1=1222&val11=administrative%20assistant&val12=0&val13=0&val14=&val15=0&val16=0

[jes_ON]

My husband got the main wp but he can't proove he worked 3900 hrs as he is not getting the right  hourly rate from his employer. He should get 28 per hour but he is getting approx 20 or less.

Can you explain more about this?  I'm not sure what the situation is -

[Islington]

I think I could qualify under 1221. How do I have to proove my NOC Category? Employment letter is enough?My salary is not high, does it make any difference?I still got the experience they need.

[junecec]

I think I could qualify under 1221. How do I have to proove my NOC Category? Employment letter is enough?My salary is not high, does it make any difference?I still got the experience they need.

They will look at the job description to determine your NOC mainly. Also, other factors like salary might be a factor, but not necessarily. If your salary is too high or too low that might raise a question. Please check the following link to verify if your wage is around the average range. I'm sure Jes will give you more detailed explanation. Good luck!

http://www.workingincanada.gc.ca/LMI_report_bynoc.do?&noc=1221&reportOption=wage

[jes_ON]

junecec is correct, it will depend mainly on the Letter of Employment.  There is no salary requirement; however, many people who have jobs that are borderline between skilled and unskilled (like in this case) have difficulty proving that their experience is at the higher level - esp. if the salary is more consistent with the lower level.  It may also depend a bit on the type of employer or specific details of your position (which we don't know).

[Islington]

Thank you guys, your're helping me a lot!

This can be an issue in my case because my salary is around the low range.I'm not so sure what to do...My husband got a work permit (not open one) so he has a NOC number on his permit , but he got the same issue with his salary. He is getting way less than he should. But still it's not fair on my oppinion to get a refusal because of the salary. This class should be based on the work experience and language...I can't change my salary and employers doesn't like to pay too much especially when you are not a landed immigrant.And we are happy that we can work here, even if we know that we don't get the right salary for our jobs. But still we would like to stay here..

[Islington]

Would Noc 1241-B qualify?

[junecec]

Yes, it does qualify but again it all depends on what your employer writes on the employment letter. I think the key word for NOC 1241 would be "secretary". So, on your reference letter, if it says "administrative assistant" instead of "administrative secretary" the VO will try to fit you somewhere between NOC 1411 or 1441, again the job duties will play a very important role. Usually the "Job Title" does not matter but if you look at the examples for NOC 1241, almost all of them ends with "secretary" not "assiatant".  Just a thought. If your employer agrees to write a letter according to the NOC 1241 description, you are good to go.

[Islington]

Thank you junecec!

NOC 1241 fits even better with my duties, so getting a right reference letter won't be a problem. We never definied my job title with my employer, I have all kind of office duties. I think we will go with this. Hope they will accept.
And how about the language skills? Does it play a very significant role? I'm planning to go on IELTS in March.

Thanks again!

[junecec]

IELTS not only playes significant role but also one of the requirements to pass the eligibility. You have to have the certain level of score in IELTS in order to be eligible. Check this link and read about Language knowledge requirement. But it's a pretty basic exam, I'm sure you'll be fine.

[jes_ON]

I've been working with open work permit since 2009, as an admin. assisstant. Am I eligible for applying under Exp. Class???My husband got the main wp but he can't proove he worked 3900 hrs as he is not getting the right  hourly rate from his employer. He should get 28 per hour but he is getting approx 20 or less. Any suggestions???Thanks

I'm still trying to figure out what you mean here... do you mean your husband is supposed to be paid 28/hour, as stated in a contract?  But his employer is violating that contract?

[Islington]

Yes Jes he was getting 12 per  hour at the beginning and he is getting around 18 nowdays, after 3 years of experience. It happened a lot of times that he got paid around 1,500 per month, although we was working the whole month. (picking up the material from a supplier is not paid, travelling etc., harsh weaather conditions etc...) So the employer is happy with this situation because he is safe until we do not get the landed papers.We are kind of in between the requirements of the government and the employer. My husband could find a better employer with a better salary but not until he gets the landed papers. Catch 22!!