CEC 1 year calculation

[hkaur819]

Hi Everyone
I received ITA few days ago on the basis of CEC. I have more than one year of experience working with Canada employer. I want to know if in that one year, I had travelled to India.Will they deduct those days for calculation of 1 year? I have heard that 1 year of experience means that you should be in canada for 365 days without any travel.

Also I was working in Montreal and now I am in India from last few months. Will it impact my application? I have left my canada Job and moved to India. But I claimed points for 1 year of experience in Canada.

Please advise

Thanks

 

[scylla]

Hi Everyone
I received ITA few days ago on the basis of CEC. I have more than one year of experience working with Canada employer. I want to know if in that one year, I had travelled to India.Will they deduct those days for calculation of 1 year? I have heard that 1 year of experience means that you should be in canada for 365 days without any travel.

Also I was working in Montreal and now I am in India from last few months. Will it impact my application? I have left my canada Job and moved to India. But I claimed points for 1 year of experience in Canada.

Please advise

Thanks

How long were you in India? Was it a paid vacation or unpaid?

 

[hkaur819]

How long were you in India? Was it a paid vacation or unpaid?

It was a paid vacation. I came to India multiple times for few weeks but used to work remotely always,

 

[JapaneseInMB]

It was a paid vacation. I came to India multiple times for few weeks but used to work remotely always,

1. your paid vacation in India may be part of your 1 year work experience.

"While officers will account for a reasonable period of vacation time in calculating the period of qualifying work experience in Canada, each application is considered on its own merits with a final decision based on a review of all the information available to the officer at the time of decision. "

2. If you have been working in India remotely for a company in Canada, this work experience is not part of your 1 year Canadian Work Experience. Therefore, you must exclude the time you worked outside Canada. If you do not meet 1 year of minimum work experience for CEC, your PR application will be rejected.

"work experience obtained outside Canada will not be considered as though the applicant had been on a period of vacation in order to be counted as part of the period of in-Canada work experience."

Here is the reference from CIC.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html

 

[hkaur819]

1. your paid vacation in India may be part of your 1 year work experience.

"While officers will account for a reasonable period of vacation time in calculating the period of qualifying work experience in Canada, each application is considered on its own merits with a final decision based on a review of all the information available to the officer at the time of decision. "

2. If you have been working in India remotely for a company in Canada, this work experience is not part of your 1 year Canadian Work Experience. Therefore, you must exclude the time you worked outside Canada. If you do not meet 1 year of minimum work experience for CEC, your PR application will be rejected.

"work experience obtained outside Canada will not be considered as though the applicant had been on a period of vacation in order to be counted as part of the period of in-Canada work experience."

Here is the reference from CIC.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html

Thanks for your reply.
I calculated my days in canada and it's like 1.5 month less. Should I decline my ITA the? My consultant told we can provide explanation letter to CIC for this gap. What if a person is outside canada for a business tour? in those cases as well, it is not considered canadian experience?

Please help.

 

[Wolfpmd3]

Thanks for your reply.
I calculated my days in canada and it's like 1.5 month less. Should I decline my ITA the? My consultant told we can provide explanation letter to CIC for this gap. What if a person is outside canada for a business tour? in those cases as well, it is not considered canadian experience?

Please help.

1.5 months is way too much.

A reasonable vacation time would be usually between 2-3 weeks of paid vacation that you could reasonably claim towards your 1 year calculation.

If you are counting these 1.5 months towards your experience you will most likely see your application refused. Specially if you've quit your job and are no longer working in Canada.

Yes, if you your job in Canada involves trips overseas and you are being paid for it you could expect to see this time counted. However, there is not a clear guideline and it will be at the discretion of the officer. That is why it is advisable not to exceed 2-3 weeks outside Canada. If you exceed this time yo should, to be safe, just work for a few more weeks to be on the safe side.

In my case I took 4 trips (9+4+15+10 days - including at least 4 weekends) and I applied with 1 year + 1 week of experience. I had no issues and my application was approved. I kept that job for an additional 2 months after applying and then when I quit I submitted the additional paystubs and resignation confirmation to IRCC.

 

[JapaneseInMB]

Thanks for your reply.
I calculated my days in canada and it's like 1.5 month less. Should I decline my ITA the? My consultant told we can provide explanation letter to CIC for this gap. What if a person is outside canada for a business tour? in those cases as well, it is not considered canadian experience?

Please help.

1.5 months of working outside Canada will definitely be a red flag especially if you are counting this 1.5 months as your minimum of 1 year work experience to be eligible for CEC.

A letter of explanation is not enough in this case. There must be a strong reason that your company had to send you on a business trip for 1.5 months, and it has to convince the IRCC officer. A strong case would be if you are a flight attendant and you often have to fly to other countries for an extended period of time.

Please speak to your employer so that they can provide that you are REQUIRED to go on a business trip for 1.5 months for this position.

 

[hkaur819]

1.5 months of working outside Canada will definitely be a red flag especially if you are counting this 1.5 months as your minimum of 1 year work experience to be eligible for CEC.

A letter of explanation is not enough in this case. There must be a strong reason that your company had to send you on a business trip for 1.5 months, and it has to convince the IRCC officer. A strong case would be if you are a flight attendant and you often have to fly to other countries for an extended period of time.

Please speak to your employer so that they can provide that you are REQUIRED to go on a business trip for 1.5 months for this position.

Thanks for quick reply.
So here is my scenario, I had received Ontario PNP letter in my express entry profile and I submitted my profile for OINP just three days ago before receiving ITA. I was thinking to withdraw OINP application after receiving ITA. Can I do this way that I reject my ITA and wait for PNP results from Ontario.if I get PNP 600 points from Ontario application then update my EE profile with PnP points. What do you suggest ? I am really confused.

 

[hkaur819]

1.5 months of working outside Canada will definitely be a red flag especially if you are counting this 1.5 months as your minimum of 1 year work experience to be eligible for CEC.

A letter of explanation is not enough in this case. There must be a strong reason that your company had to send you on a business trip for 1.5 months, and it has to convince the IRCC officer. A strong case would be if you are a flight attendant and you often have to fly to other countries for an extended period of time.

Please speak to your employer so that they can provide that you are REQUIRED to go on a business trip for 1.5 months for this position.

Hi
I calculated my total weeks in Canada including paid vacation ( it was 19 days for me around 3 weeks), so it is getting total of 50 weeks in Canada which is 2 weeks less from 52 weeks requirement. These 50 weeks are excluding the time during which I came to India and was still working for my employer which is around 5 weeks in India , it was paid. so if we see it is just two weeks less in Canada physically, what do you think ? is it fine if I proceed ahead with explanation letter from my employer that I was on business tour for that time.

 

[JapaneseInMB]

Hi
I calculated my total weeks in Canada including paid vacation ( it was 19 days for me around 3 weeks), so it is getting total of 50 weeks in Canada which is 2 weeks less from 52 weeks requirement. These 50 weeks are excluding the time during which I came to India and was still working for my employer which is around 5 weeks in India , it was paid. so if we see it is just two weeks less in Canada physically, what do you think ? is it fine if I proceed ahead with explanation letter from my employer that I was on business tour for that time.

In my opinion, it is now even clearer that your application is likely to get rejected. According to CIC, the officer MAY consider reasonable duration of paid vacation as part of your Canadian work experience. In your case, this is 19 days. This will be included.

Now, you are still 2 weeks short of 1 year of MINIMUM work experience. Technically, you are not eligible for CEC. I have heard some applications being approved with less than 1 year of work experience being approved. However, all of these applicants were still working in Canada. So, by the time the officer looks at their application, their work experience was well over 1 year. At that point, yes it is up to the officer to approve or reject.

In your case, it is totally different situation. You are not eligible for CEC and your work experience will still be 2 weeks short by the time an IRCC officer reviews it. Will your application have a chance to get approved? Maybe? But, it is a lot more likely to get rejected.

I suggest not to take this high risk. Getting a nice rejection letter because of 2 weeks is not worth. I suggest you to return to Canada and complete your full 1 year of work experience.

PS. do you have a valid work permit? Have you been working with a valid work permit?

 

[hkaur819]

In my opinion, it is now even clearer that your application is likely to get rejected. According to CIC, the officer MAY consider reasonable duration of paid vacation as part of your Canadian work experience. In your case, this is 19 days. This will be included.

Now, you are still 2 weeks short of 1 year of MINIMUM work experience. Technically, you are not eligible for CEC. I have heard some applications being approved with less than 1 year of work experience being approved. However, all of these applicants were still working in Canada. So, by the time the officer looks at their application, their work experience was well over 1 year. At that point, yes it is up to the officer to approve or reject.

In your case, it is totally different situation. You are not eligible for CEC and your work experience will still be 2 weeks short by the time an IRCC officer reviews it. Will your application have a chance to get approved? Maybe? But, it is a lot more likely to get rejected.

I suggest not to take this high risk. Getting a nice rejection letter because of 2 weeks is not worth. I suggest you to return to Canada and complete your full 1 year of work experience.

PS. do you have a valid work permit? Have you been working with a valid work permit?

I have a valid work permit but I left my job in Canada due to some personal reasons. I understand your point. I had applied for Ontario Pnp just three days before receiving ITA. Can I go through that route. If my pnp application is approved, I can add those points in my application and proceed. What do you suggest

I had received Ontario pnp interest in express entry profile on 433 points including Canadian work experience points. I have already submitted my pnp application

 

[JapaneseInMB]

I have a valid work permit but I left my job in Canada due to some personal reasons. I understand your point. I had applied for Ontario Pnp just three days before receiving ITA. Can I go through that route. If my pnp application is approved, I can add those points in my application and proceed. What do you suggest

I had received Ontario pnp interest in express entry profile on 433 points including Canadian work experience points. I have already submitted my pnp application

Receiving the provincial nomination does not guarantee your approval of permanent resident application.

"Province of Ontario will simply search the express entry pool to find candidates who may meet the criteria of one of Ontario’s Express Entry immigration streams."
https://www.ontario.ca/page/oinp-express-entry-notifications-interest

As you see, Province of Ontario is not the one who determines the eligibility for permanent resident application.

"If you meet the Express Entry criteria, including the requirements for at least one of the three federal immigration programs, you will be accepted into the Express Entry pool of candidates."
According to IRCC, they are assuming that you do actually meet the minimum requirements for at least one of the three federal immigration programs. In your case, you are claiming to be eligible for CEC. As previously explained, however, you do not meet the eligibility of CEC due to the lack of the minimum of 1 year Canadian work experience. Additional 600 points do not matter if you are not eligible for CEC in the first place. Therefore, your application may get rejected.

Therefore, your situation stays the same even with the provincial nomination since it is up to the IRCC to determine your eligibility, not to each province who nominates you.

Again, every case is different, but I really suggest not to risk a rejection of your PR application this way.

 

[Rojaj16]

Hi All, I need a quick suggestion from senior please help me. I am completing one year on March 2021 ( 12 months) experience in Canada. Here is my job history,
Company A - April 2020 - Aug2020 ( full time, but due to Covid got only less than 30 hrs per week for first 2 months later I was getting more than 30 hrs)
Company B - Aug2020 -till date ( full time more than 30 hrs per week )

can I submit my application on March end considering full time experience or I have to compensate the first 2 months hours ?
Please guys help me on calculating my hours .

 

[NOC98]

Hi All, I need a quick suggestion from senior please help me. I am completing one year on March 2021 ( 12 months) experience in Canada. Here is my job history,
Company A - April 2020 - Aug2020 ( full time, but due to Covid got only less than 30 hrs per week for first 2 months later I was getting more than 30 hrs)
Company B - Aug2020 -till date ( full time more than 30 hrs per week )

can I submit my application on March end considering full time experience or I have to compensate the first 2 months hours ?
Please guys help me on calculating my hours .

IRCC only considers 30 hours per week max. Anything beyond that is not counted.

 

[mailman234]

I have a valid work permit but I left my job in Canada due to some personal reasons. I understand your point. I had applied for Ontario Pnp just three days before receiving ITA. Can I go through that route. If my pnp application is approved, I can add those points in my application and proceed. What do you suggest

I had received Ontario pnp interest in express entry profile on 433 points including Canadian work experience points. I have already submitted my pnp application

Just commit fraud. What have you got to lose? JapaneseInMB is giving you clear advice but you act like he's an immigration officer and you're trying to convince him lol