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paulowebtini

Newbie
May 18, 2021
3
0
Can anyone advise on my best route forward? I arrived in Canada in late Jan 2020 ready to start a job managing a gym. Because of Covid causing building delays the gym opened in Jan 2021. I want to apply for PR but my IEC visa expires on November 27 2021. By now I would have long since had the 1560 hours required but its looking unlikely by the time my visa expires. Not least because I was fired at the end of March for a completely fabricated allegation by a coworker who I am now suing. I have to find another similar job and rack up the hours.

I scored top marks on the CELPIP and have had my degree assessed to a four year undergrad here.

What should I do? Should I get an immigration lawyer?
 
Can anyone advise on my best route forward? I arrived in Canada in late Jan 2020 ready to start a job managing a gym. Because of Covid causing building delays the gym opened in Jan 2021. I want to apply for PR but my IEC visa expires on November 27 2021. By now I would have long since had the 1560 hours required but its looking unlikely by the time my visa expires. Not least because I was fired at the end of March for a completely fabricated allegation by a coworker who I am now suing. I have to find another similar job and rack up the hours.

I scored top marks on the CELPIP and have had my degree assessed to a four year undergrad here.

What should I do? Should I get an immigration lawyer?

I don't see how an immigration lawyer would help your situation. Immigration lawyers can't change immigration rules.

To qualify for CEC, you need to have the 1560 hours in a NOC A, B or 0 role. Unfortunately only hours actually worked count and there are no exceptions to that. The fact the gym didn't open until Jan 2021 or that you were fired unfortunately doesn't impact that in any way. And you can't extend your IEC.

My suggestions would be as follows:
- Do you come from a country where a second participation in the IEC program is allowed, perhaps in the Young Professional class?
- Would you consider switching to a study permit and studying full time for 1-2 years to qualify for a PGWP and get more of a chance to work in Canada and qualify to immigrate?
- Do you qualify to apply under any immigration programs based on your foreign work experience and previous education?
 
well, the lawyer wouldn't be to change the rules but to look at my options overall, and to clear up things like can the 1560 hours be from two jobs (there are lots of mixed messages, people getting PR that way others saying they didnt get it cause it needed to be one job)

I have an Irish passport and UK, (I'm here using the Irish one) but now at 38 I imagine too old to participate.

I could switch to a study permit I guess.
 
well, the lawyer wouldn't be to change the rules but to look at my options overall, and to clear up things like can the 1560 hours be from two jobs (there are lots of mixed messages, people getting PR that way others saying they didnt get it cause it needed to be one job)

I have an Irish passport and UK, (I'm here using the Irish one) but now at 38 I imagine too old to participate.

I could switch to a study permit I guess.

A lawyer can certainly help with the rules.

However the rules are extremely straight forward as it relates to CEC. There is no requirement for it to be one job or one single occupation. (It sounds like you are getting confused between the FSW and CEC rules.)

There is a requirement for one full year of work experience to be from a single NOC and for that work experience to be continuous apply to the FSW stream only of EE. These rules do not apply to CEC under EE. As long as the work experience is from a skilled NOC (i.e. NOC A, B or 0), you can mix multiple jobs, multiple NOCs and the work experience doesn't need to be continuous for CEC.

However you need to make sure you are counting the 1560 hours the right way. If you work multiple jobs or work a lot of overtime, this doesn't mean that you can count 60 hours within one week and count this as basically two weeks of work experience. This is the right way to do the math to make sure you have enough hours to claim the 1 year of work experience:

1) Count all weeks where you worked 30 hours or more as 1 week of work experience (doesn't matter if you worked 30 hours or 60 hours or 90 hours, it's still only counted as 1 week).
2) Add up all of the hours in your part time weeks and divide by 30
Add the above two above totals together. If the total is 52 or more, you have one year of work experience. (There is one further caveat. If you are working one full time role and then a second part time or full time role on top of that, you can't double count. All of this just adds up to 1 week of work experience regardless how many hours you worked.)
 
Wow you seem to know your stuff!

Ok thats great thank you!

The other issue is, the work I did have at the gym technically started in August as I was teaching classes outdoors and prepping for the gym to open (interviewing and hiring staff and all that stuff etc) and I would be paid by direct deposit after submitting an "invoice". Since starting the wrongful termination and defamation lawsuit my lawyer advised me that I (as were all the other coaches) was an employee not a self-employed person. He told me this is not even up for discussion because of the way the law looks at the tests to determine it. (Evidenced by my having a contract, made to wear a uniform and exclusivity element in my contract) will these hours count? I've been told they will?
 
Wow you seem to know your stuff!

Ok thats great thank you!

The other issue is, the work I did have at the gym technically started in August as I was teaching classes outdoors and prepping for the gym to open (interviewing and hiring staff and all that stuff etc) and I would be paid by direct deposit after submitting an "invoice". Since starting the wrongful termination and defamation lawsuit my lawyer advised me that I (as were all the other coaches) was an employee not a self-employed person. He told me this is not even up for discussion because of the way the law looks at the tests to determine it. (Evidenced by my having a contract, made to wear a uniform and exclusivity element in my contract) will these hours count? I've been told they will?

The only thing that I can confirm is that self-employment hours do not count towards CEC - only hours where you worked as an employee count. I can't comment on your lawyer's interpretation of the law and the classification of your work as employment vs. self-employment. This is beyond my expertise.
 
A lawyer can certainly help with the rules.

However the rules are extremely straight forward as it relates to CEC. There is no requirement for it to be one job or one single occupation. (It sounds like you are getting confused between the FSW and CEC rules.)

There is a requirement for one full year of work experience to be from a single NOC and for that work experience to be continuous apply to the FSW stream only of EE. These rules do not apply to CEC under EE. As long as the work experience is from a skilled NOC (i.e. NOC A, B or 0), you can mix multiple jobs, multiple NOCs and the work experience doesn't need to be continuous for CEC.
Your explain is very clear.
If you don't mind, I may ask you others issues, which I still confused.
I worked for a company for 1 year until layoff because of Covid-19 (in the last 3 months, I was train as a supervisor)
Few month later, I got another job Noc C. Can 1 year (with 3 month as a supervisor) + 8 months Noc C job are counted for CEC?
 
Your explain is very clear.
If you don't mind, I may ask you others issues, which I still confused.
I worked for a company for 1 year until layoff because of Covid-19 (in the last 3 months, I was train as a supervisor)
Few month later, I got another job Noc C. Can 1 year (with 3 month as a supervisor) + 8 months Noc C job are counted for CEC?
NOC C jobs do not count towards CEC.
 
Your explain is very clear.
If you don't mind, I may ask you others issues, which I still confused.
I worked for a company for 1 year until layoff because of Covid-19 (in the last 3 months, I was train as a supervisor)
Few month later, I got another job Noc C. Can 1 year (with 3 month as a supervisor) + 8 months Noc C job are counted for CEC?

No.