How "work experience with proper authorization" is checked by IRCC?

[pesarak8]

Hi everyone
In advance, I would like to thank you for your attention to this case.
My story:
I received an LMIA exempt work permit to do research in a university in Canada. In that work permit, the name of employer was not mentioned, the employment location was mentioned as "XXX city" and the profession was mentioned as mechanical engineering.
I finished my research and started to work for a company in "YYY city" on Feb 1,2016 as a mechanical engineering technologist with that work permit. I received an open work permit on March 14, 2016 (one and half month latter).
I want to know if I can count that initial 1.5 month as work experience with proper authorization for CEC program?

Footnotes:
1. My designation in that university was international research student and it was considered fulltime research.
2. I have no documents to show when I have finished that research program.
3. My open work permit is for accompanying a fulltime student spouse.

 

[pesarak8]

No ideas?!

 

[jes_ON]

I think I'm not understanding how your LMIA-exempt work permit did not name the employer on it. Can you explain under which class of LMIA exempt work permit yours fell under? If you're not sure, what is the LMIA exemption code on your first work permit? (Should be one letter and 2 numbers, e.g. T23).

BTW - since you would have to get a letter of reference/experience from your employer (the university) that includes start and end dates, there would in fact be documentary evidence of when you finished the research.

 

[pesarak8]

I agree that this is not a normal case. My LMIA exemption code was C44 (Post-doctoral Ph.D. fellows and award recipients).

As My work in university was not payed, I can't claim that as a contribution to the required one year work experience for CEC. Moreover, I don't need that because I have 1 year of full-time work in that company (until the March 15, 2017). So I decided not trouble myself for getting a reference letter from the university. Do you have any advice for me regarding this matter?

In your opinion, I should mention my actual date of starting to work in my reference letter, or the date I obtained the open work permit (March 14, 2016)?
And, besides, does CIC accept that first 1.5 month that I have been working with my first work permit?

Thanks for your help

 

[jes_ON]

I agree that this is not a normal case. My LMIA exemption code was C44 (Post-doctoral Ph.D. fellows and award recipients). As My work in university was not payed, ...

Do you mean the University did not pay you? Does this describe your situation?
Academic research award recipients who are supported by their own country or institution and invited by Canadian institutions to conduct research activities in Canada may also be eligible for this exemption.


I can't claim that as a contribution to the required one year work experience for CEC. Moreover, I don't need that because I have 1 year of full-time work in that company (until the March 15, 2017). So I decided not trouble myself for getting a reference letter from the university. Do you have any advice for me regarding this matter?

If it was truly unpaid (e.g. self-funded, volunteer), then you should not have gotten the kind of work permit that you did.

And, besides, does CIC accept that first 1.5 month that I have been working with my first work permit?

With the C44 exemption code, "The employer must not be a commercial enterprise."
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

In your opinion, I should mention my actual date of starting to work in my reference letter, or the date I obtained the open work permit (March 14, 2016)?

I'm not sure what to advise here. Based on what I have found so far, that first 1.5 months may have been unauthorized. At the same time, giving a false start date is misrepresentation. I suggest just giving IRCC the facts and let them decide (usually, if they find a brief period of work that was unauthorized by a technicality, followed by a new authorization, they just subtract the "unauthorized" time from your work experience). So count your one year of experience from March 14 just to be safe.

If you are really concerned, get a consultation with an immigration lawyer.

 

[pesarak8]

Thanks a lot for your help so far, I really appreciate your helpful remarks.
I went through the link you provided. The C44 has 3 subcategories. the requirement that "The employer must not be a commercial enterprise" is related to the second subcategory which is "Award recipients paid by Canadian institutions". I am under the 3rd subcategory which is "Research award recipients paid by foreign institutions". So this restriction shouldn't have applied to my last work permit. And there was nothing written on my permit regarding this restriction.
In your opinion, if the officer decides that that 1.5 month has been an unauthorized work experience, is there any risk of rejecting my application because of that? Have you ever seen a rejection for such a reason?
Because as I mentioned before I qualify for CEC even without that 1.5 month so if they just subtract it from my work experience it is still more than 1 year.

 

[senthilmca06]

Please let me know whom the letter has to be addressed. My company refused to give as "To whom so ever concerned".

 

[pesarak8]

I actually haven't yet received my reference letter for PR application but in a letter that I needed for CIC my employer used the "To Whom It May Concern" address phrase. If they don't want to use that phrase get them to use the most general phrase possible.

 

[pesarak8]

Just to add one point, the only restriction mentioned on my work permit was related to prohibition of employment in jobs related to sex.

 

[jes_ON]

the requirement that "The employer must not be a commercial enterprise" is related to the second subcategory which is "Award recipients paid by Canadian institutions". I am under the 3rd subcategory which is "Research award recipients paid by foreign institutions". So this restriction shouldn't have applied to my last work permit. And there was nothing written on my permit regarding this restriction.

I understand your interpretation, although I am less confident that the IRCC presented that information means that that restriction does not apply to all 3 subcategories. But you would certainly have a good reason to argue, if IRCC questioned you about it.

In your opinion, if the officer decides that that 1.5 month has been an unauthorized work experience, is there any risk of rejecting my application because of that? Have you ever seen a rejection for such a reason? Because as I mentioned before I qualify for CEC even without that 1.5 month so if they just subtract it from my work experience it is still more than 1 year.

Usually, no - they would just discount the time, and you would still qualify. Usually. Sometimes there are periods of cracking down on even tiny lapses (yours is tiny), and sometimes they do get a little cranky if they suspect someone of cheating or trying to game the system. But if in fact it was an error on your part (which is not clear at this point), I don't think they will be trying to deport you : )