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vivm

Newbie
Jul 30, 2018
3
0
Hi All, I had a question about CEC specific to my case. I have continuous 12 months of work exp which can be validated by
1. T4 Tax
2. NOC
3. Work Exp letter from my company in the requested format
4. I have the rent receipt of 12 months

However, in those 12 months , I traveled outside canada for a month and half for a ceremony at home so my passport shows that I was in canada for only 10.5 months.

Now, My question is, will the authority validates my exp based on my documents (T4,Noc, work exp letter) which i have for 12 months with no gaps. OR will they look at my passport and reject the application ?
 
Hi All, I had a question about CEC specific to my case. I have continuous 12 months of work exp
"continuous" is not required for CEC...

which can be validated by
1. T4 Tax
Shows total income for the tax year, does not indicate time spent in employment....

2. NOC
??? Presume you mean this is validated by the letter...

3. Work Exp letter from my company in the requested format
Required.

4. I have the rent receipt of 12 months
??? Not relevant.

However, in those 12 months , I traveled outside canada for a month and half for a ceremony at home so my passport shows that I was in canada for only 10.5 months.

Was this an unpaid leave of absence? If yes, you must exclude this from your work experience. You can include a "reasonable" amount of paid vacation (e.g. 2 weeks or per your benefits). If you took 2 weeks' vacation and 4 weeks unpaid leave, then you would exclude the 4 weeks of unpaid leave.

Now, My question is, will the authority validates my exp based on my documents (T4,Noc, work exp letter) which i have for 12 months with no gaps. OR will they look at my passport and reject the application ?

They will look at your travel history (self-reported AND CBSA documents) and all evidence together. Lying about being in Canada (or failing to inform them about your travel) will likely be found out; if deemed "misrepresentation " you could then be banned from Canada.

Another discrepancy is if your salary is (for example) 60,000 and your T4 shows you only made $55K, then IRCC would want to know why...
 
Thanks a lot for the reply. I have asked multiple Immigration Consultants about this and it appears that no one seem to have the answer. And as a matter of fact, I just got off call with IRCC agent and She seems to have no clarity on this too. As she said its a tricky case.

I was NOT on vacation for whole 6 weeks, I was working from home for 5 weeks + 1 week vacation . There is no gaps in the employment whatsoever anyway and I am not trying to manipulate my duration of stay. I do have the pay stubs and tax receipt. of all months including the duration I was out of Canada.

All I am concerned about before I file my case is , Would they only look at the passport entry/exit dates and calculate the duration of my stay to accept or Reject the application. Because I possess everything else to prove my experience in Canada for last 12 months.
 
Thanks a lot for the reply. I have asked multiple Immigration Consultants about this and it appears that no one seem to have the answer. And as a matter of fact, I just got off call with IRCC agent and She seems to have no clarity on this too. As she said its a tricky case.

I was NOT on vacation for whole 6 weeks, I was working from home for 5 weeks + 1 week vacation . There is no gaps in the employment whatsoever anyway and I am not trying to manipulate my duration of stay. I do have the pay stubs and tax receipt. of all months including the duration I was out of Canada.

All I am concerned about before I file my case is , Would they only look at the passport entry/exit dates and calculate the duration of my stay to accept or Reject the application. Because I possess everything else to prove my experience in Canada for last 12 months.

So - the last time I saw a case like yours was before the change in government - which always influences priorities and "grey area" decisions. The fact is that "Canadian Experience Class" is supposed to be about experience gained in Canada; under Harper, this meant that work performed outside of Canada was excluded, and those cases were refused. Although the current government appears a bit more immigrant-friendly, I have not seen anything recently that would indicate a different outcome. I believe they were trying to harmonize the PR rules with the Citizenship rules - and any time spent outside of Canada is excluded from meeting the residency requirement for citizenship.

The exceptions to this might be jobs where international travel might be part of the job description under the NOC.

So, the next question - are you still working in Canada? Meaning, do you have the opportunity to work another month before applying, to give yourself a cushion in case that experience is discounted? If yes, then my strong advice would be to work at least one extra month, if not two, to be certain. I would recommend this to everyone, not only someone who's got question marks around a period of experience.

If not - then you have to decide whether or not you want to gamble with your application fee, and apply anyway. I would recommend not trying to hide it or "get away with it" (the work outside of Canada) because most likely it will be caught by your CBSA entry/exit records. The alternative is to be up front and write a letter of explanation about why you think it should count as Canadian Experience. You might get lucky and get a sympathetic VO. It is possible that if you don't mention it, no one will notice, but if they do notice, they could get cranky if they feel you have lied by omission.

I know you want a clear answer, but unfortunately you are not going to get it. It comes down to whether you can wait and work an extra 4-6 weeks, or whether you like to gamble.

Good luck - can I ask that you tell me what you decide and how it turns out?
 
That's exactly what I hate to hear but thanks for elaborating it. Unfortunately, I didn't have time left on current Work Permit (Inter-company-Transfer). And I am negative about any WP extension request be entertained by my Company due to change of my equations with higher management (at the wrongest time possible). I will mull it over and then take a decision. Thanks again!