FSW application refusal for remote foreign work experience

[vis-a-vis]

Hello,

Hope everyone is doing well. I just want to ask for some advice. I got my refusal letter stating that the officer is not satisfied that I was outside of Canada during my foreign work experience from the time that I was studying full-time here in Canada (2022-2023). This is what my background looks like:

• 2020-2022: working full-time & hybrid in a foreign country
• 2022-2023: working full-time & remotely in a foreign country while studying full-time in Canada and working part-time in Canada

My application says that the decision communicated constitutes the definitive and final decision on my present application and that my application will be retained for a period of two years under the file retention guidelines. If I still want to come to Canada as a skilled immigrant, I can register for Express Entry at a later date.

I have complete documentation of all my activities. Would you recommend appealing for reconsideration? And I also just wanted to get your opinion on what they mean about the file retention. From my understanding, it serves solely as a means of maintaining records. Is my interpretation accurate?

Thanks in advance for your insights!

 

[Naturgrl]

Hello,

Hope everyone is doing well. I just want to ask for some advice. I got my refusal letter stating that the officer is not satisfied that I was outside of Canada during my foreign work experience from the time that I was studying full-time here in Canada (2022-2023). This is what my background looks like:

• 2020-2022: working full-time & hybrid in a foreign country
• 2022-2023: working full-time & remotely in a foreign country while studying full-time in Canada and working part-time in Canada

My application says that the decision communicated constitutes the definitive and final decision on my present application and that my application will be retained for a period of two years under the file retention guidelines. If I still want to come to Canada as a skilled immigrant, I can register for Express Entry at a later date.

I have complete documentation of all my activities. Would you recommend appealing for reconsideration? And I also just wanted to get your opinion on what they mean about the file retention. From my understanding, it serves solely as a means of maintaining records. Is my interpretation accurate?

Thanks in advance for your insights!

How can you working in a foreign country remotely and study in Canada at the same time? You need to post refusal letter and your employment timelines.

 

[vis-a-vis]

How can you working in a foreign country remotely and study in Canada at the same time? You need to post refusal letter and your employment timelines.

My employer from my home country offered that I still work with them remotely along with my full-time studies in Canada

 

[Akshay778]

I read this in one of the earlier posts - Your remote work would have been valid if you would have been outside of Canada in any other country during your student permit. If you are in Canada on a study permit, that work will not be classified under FSW. Hope this helps.

The Ministerial Instructions say:
Foreign work experience
25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

• (a) is acquired by a foreign national outside Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers;
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under section 23 or subsection 24(1); and
• (d) is remunerated by the payment of wages or a commission.

Requirements
(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national

• (a) must specify in their expression of interest the four-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their foreign work experience; and
• (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

 

[vis-a-vis]

I read this in one of the earlier posts - Your remote work would have been valid if you would have been outside of Canada in any other country during your student permit. If you are in Canada on a study permit, that work will not be classified under FSW. Hope this helps.

The Ministerial Instructions say:
Foreign work experience
25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

• (a) is acquired by a foreign national outside Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers;
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under section 23 or subsection 24(1); and
• (d) is remunerated by the payment of wages or a commission.

Requirements
(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national

• (a) must specify in their expression of interest the four-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their foreign work experience; and
• (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

thank you so much for clarifying for me!

 

[Redcapp]

I am on open work permit and working for a foreign employer from inside Canada. Does this experience count towards FSW experience since I am not on a study permit? Please advice

 

[vis-a-vis]

I am on open work permit and working for a foreign employer from inside Canada. Does this experience count towards FSW experience since I am not on a study permit? Please advice

Unfortunately no you would have to be physically outside Canada while earning your foreign work experience.

 

[Redcapp]

In this situation I found out that working remotely for foreign employer while studying full time in Canada is not allowed. But working full time remotely for foreign employer with OWP works.

 

[vis-a-vis]

In this situation I found out that working remotely for foreign employer while studying full time in Canada is not allowed. But working full time remotely for foreign employer with OWP works.

the 20-hour work limit only applies to inside Canada work, so working full-time remotely (work is outside Canada) while being physically present in Canada and studying full-time in Canada is allowed. But if you're using your remote work for FSW application, it might get refused because they only count work gained while being physically outside Canada for foreign work experience

 

[bLaZe10]

In this situation I found out that working remotely for foreign employer while studying full time in Canada is not allowed. But working full time remotely for foreign employer with OWP works.

Hey I also have this question, I'm currently on owp and working for Canadian and a foreign employer full time, can I count it towards foreign work experience?

 

[vis-a-vis]

Hey I also have this question, I'm currently on owp and working for Canadian and a foreign employer full time, can I count it towards foreign work experience?

for foreign work experience to be counted, you have to be physically outside Canada. So if you're inside Canada and have a remote work that's based outside Canada (i.e. foreign), it still won't be counted

 

[bLaZe10]

for foreign work experience to be counted, you have to be physically outside Canada. So if you're inside Canada and have a remote work that's based outside Canada (i.e. foreign), it still won't be counted

Can you post the exact words in your letter, I believe in your case you were rejected because they have stated that while in Canada during studies any kind of work experience cannot be counted

 

[yowhatsup]

In this situation I found out that working remotely for foreign employer while studying full time in Canada is not allowed. But working full time remotely for foreign employer with OWP works.

I would like to understand this better. Say I’m on owp and am working remotely for a foreign employer.

basic background: 1 year study completed in Canada; already eligible under category based draw (STEM; outside Canada work experience)
During my owp (pgwp), say now am working remotely for a foreign employer (STEM job), how do I plan for my EE profile? Will the experience be counted?

 

[Naturgrl]

I would like to understand this better. Say I’m on owp and am working remotely for a foreign employer.

basic background: 1 year study completed in Canada; already eligible under category based draw (STEM; outside Canada work experience)
During my owp (pgwp), say now am working remotely for a foreign employer (STEM job), how do I plan for my EE profile? Will the experience be counted?

It is counted as foreign experience. So are you eligible for CEC with one year experience with Canadian employer in Canada? If not you need to be eligible for FSW with one year, continuous, full time experience in one NOC.

 

[yowhatsup]

It is counted as foreign experience. So are you eligible for CEC with one year experience with Canadian employer in Canada? If not you need to be eligible for FSW with one year, continuous, full time experience in one NOC.

I get it. CEC I doubt. What if my permit expires before I could fulfill the one year for fsw? Will I be able to extend my permit provided I still have the remote job?