Canadian work experience gained while under review

[Besram]

Hi all,

I'm currently in Canada, just moved finally. Problem is I only have a few weeks left before I would no longer meet the residency obligation.

Obviously, my plan is to stay put until I have accumulated the two years needed. I fully understand that this is the best option. So far, so good.

However, sometimes stuff comes up and I may have to travel internationally.

Suppose the following situation happens:

• I need to travel internationally for more than the few weeks I have left
• I get reported for not meeting RO, and I don't have H&C reasons
  
• I appeal the process (which I understand will take a few months at least, if not longer)
• The appeal is unsuccessful, and I am issued a removal order
• Subsequently, I want to re-apply via Express Entry

In this situation, will I be able to obtain points for the Canadian work experience gained while the appeal process was going on? Due to increasing age I expect I will probably need the extra points to get another ITA...

If anyone has come across this and can cite any cases or regulations, I would appreciate it.

I know it's hypothetical at this stage, but it will help me understand a worst case scenario and manage accordingly.

Thanks all.

 

[canuck78]

No you won’t be able to count time working if you are under an appeal. Unless you are compliant with your RO you can’t sponsor a spouse or child. The best thing to do is to keep meeting your RO.

 

[Besram]

No you won’t be able to count time working if you are under an appeal. Unless you are compliant with your RO you can’t sponsor a spouse or child. The best thing to do is to keep meeting your RO.

Thanks for your reply, canuck78.

Do you happen to be aware of a any source for this? I have read on this forum before that the time under review cannot be counted towards meeting RO (which makes sense), however nothing yet in regards to work experience for the purposes of applying again for PR.

The ministerial instructions for EE do not seem to prevent it:

Canadian work experience
(3) For the purposes of this section, Canadian work experience is work experience that

• (a) is acquired by a foreign national in 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 subsection (1); and
• (d) is remunerated by the payment of wages or a commission.

[...]

(7) For the purposes of this section,

• (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
• (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
• (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
• (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html

The only thing that seems weird is (7) (c) where it talks about temporary resident status. Does that mean I cannot even count work experience gained while being a PR not under review? That seems very counter-intuitive...

 

[canuck_in_uk]

Thanks for your reply, canuck78.

Do you happen to be aware of a any source for this? I have read on this forum before that the time under review cannot be counted towards meeting RO (which makes sense), however nothing yet in regards to work experience for the purposes of applying again for PR.

The ministerial instructions for EE do not seem to prevent it:



https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html

The only thing that seems weird is (7) (c) where it talks about temporary resident status. Does that mean I cannot even count work experience gained while being a PR not under review? That seems very counter-intuitive...

You don't even need to go beyond the very first requirement:

3) For the purposes of this section, Canadian work experience is work experience that

• (a) is acquired by a foreign national

You are a PR, not a foreign national.

 

[canuck78]

Would just encourage you to keep meeting your RO. You are exploring all these hypothetical scenarios. Unfortunately many new PRs cut it very close when returning to Canada and stay out of Canada for almost 3 years Luckily you have a few weeks for family emergency if you have one. Many end up with the option to either not meet their RO or go home for a family emergency. Canada has a very lenient PR RO and people need to plan to return at 2.5 years or earlier if they think they will need to travel out of Canada in the future for business or family reasons.