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*** Changes coming to CEC program ***

OhCanadiana

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Tomorrow's Canada Gazette outlines proposes several changes to the CEC program (as part of broader changes to the federal skilled worker program evolution).

As background, under the proposed plan, skilled workers could apply under one of 3 federal classes depending on their work experience and whether it was acquired in Canada:
- FSWC (Foreign Skilled Worker Class): for managerial, professional or technical occupations
- FSTC (Foreign Skilled Trades Class): for skilled tradespersons with an offer of employment in Canada or a certificate of qualification from a provincial authority
- CEC (Canadian Experience Class): for skilled workers already employed in Canada

*** CEC (Canadian Experience Class) Changes Proposed ***

- The Canadian work experience requirement would be reduced from 24 months to 12 in the preceding 36 months, to allow faster transition for those who have already proven their employability in Canada's labour market. Accumulating 12 months of authorized work within the preceding 36 is more flexible for applicants working in Canada under international agreements (e.g. International Experience Canada).

- Only applicants with NOC 0, A or B work experience would continue to qualify for the CEC.

- Minimum language abilities would be required in each of the four abilities (reading, writing, oral comprehension and speaking) for applicants to the CEC.
"As with the FSWC, the proposed Regulations would grant the Minister the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7, which corresponds to having “adequate intermediate proficiency” in speaking, oral comprehension, reading and writing for NOC 0 and A applicants and CLB/NCLC 5, or “initial intermediate” proficiency in each ability for NOC B applicants."


*** FSWC and FSTC Program Details ***

For anyone curious about them, I have summarized the FSWC and FSTC proposals at http://www.canadavisa.com/canada-immigration-discussion-board/proposed-fsw-federal-skilled-trades-class-fstc-programs-announced-t115576.0.html


*** Additional details ***

You can see the additional details in:

* Canada Gazette (August 18, 2012 version): http://gazette.gc.ca/rp-pr/p1/2012/2012-08-18/html/reg2-eng.html

* CIC website: News Release — Revised Federal Skilled Worker Program Unveiled: http://www.cic.gc.ca/english/department/media/releases/2012/2012-08-17.asp
 

joseluis1103

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Aug 8, 2012
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hi,

thank you to post , but i have a concern would you know when those changes about the canadian experience class will take effect?

thanks a lot
 

OhCanadiana

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joseluis1103 said:
hi,

thank you to post , but i have a concern would you know when those changes about the canadian experience class will take effect?

thanks a lot
Early next year. The news release states:

"Final publication is scheduled for late 2012 and the new FSWP points grid will likely take effect in January 2013. While there is currently a pause on new applications (except for FSWP candidates with a qualifying offer of arranged employment or those applying under the PhD stream), CIC expects to begin accepting applications again early next year
http://www.cic.gc.ca/english/department/media/releases/2012/2012-08-17.asp
 

JohnBhoy

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Sep 4, 2011
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Hi there, I am looking for some advice with regards to the upcoming changes to CEC.

I submitted my application for CEC but it has been returned to me as incomplete because I sat the academic IELTS, and not the general one (cannot belive I made this mistake). By the time I resit IELTS and reapply I will have missed the one year deadline. I was wondering with the changes about to be made (12 months experience within the last 36 months) will the application still have to be submitted within one year of leaving your job, or will this be extended as well?

Any advice is greatly appreciated.
 

mnjdev

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sent along with application
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Good info!!!!
 

OhCanadiana

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JohnBhoy said:
Hi there, I am looking for some advice with regards to the upcoming changes to CEC.

I submitted my application for CEC but it has been returned to me as incomplete because I sat the academic IELTS, and not the general one (cannot belive I made this mistake). By the time I resit IELTS and reapply I will have missed the one year deadline. I was wondering with the changes about to be made (12 months experience within the last 36 months) will the application still have to be submitted within one year of leaving your job, or will this be extended as well?

Any advice is greatly appreciated.
As long as you have the 12 months withing the 36 months you would be eligible. Currently, you need to have 24 months experience in the last 36 months under the Temporary Foreign Worker Stream (so after you've left your job for a year the oldest experience falls out of the 36 month window rendering you ineligible). In the Proposed regulations you would have 36 months to accumulate 12 months of experience.

Currently:
"Temporary Foreign Worker Stream
Under this stream, an applicant must have acquired, in Canada, within the 36 months
before the date the application is made, at least 24 months of full-time work experience,..."
"Post-Graduation Stream
Under this stream the applicant must have:...
...acquired, in Canada, at least 12 months of full-time work experience, or the equivalent in part-time work experience in a NOC type 0, or level A or B occupation, within the 24 months before the date the application is made. (see Section 9.11 for more details)."
http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

Proposed:
"(2) Paragraphs 87.1(2)(a) and (b) of the Regulations are replaced by the following:

(a) they have acquired in Canada within the three years before the day on which their application for permanent residence is made at least one year of full-time work experience, or the full-time equivalent for part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations; and"
 

JohnBhoy

Member
Sep 4, 2011
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Sorry, just to clarify you mean I would be eligible again when the new legislation comes into law?

My situation is that I worked as a University professor for two years (1 September 2009 until 31 August 2011). I am now back in the UK and won't be able to sit the IELTS until September 22 2012, hence missing the one year since I left Canada.

So when the new legislation is enacted at the end of 2012 I should be ok to resubmit as I will technically have 12 months work experience within the last 36 months?
 

OhCanadiana

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JohnBhoy said:
Sorry, just to clarify you mean I would be eligible again when the new legislation comes into law?

My situation is that I worked as a University professor for two years (1 September 2009 until 31 August 2011). I am now back in the UK and won't be able to sit the IELTS until September 22 2012, hence missing the one year since I left Canada.

So when the new legislation is enacted at the end of 2012 I should be ok to resubmit as I will technically have 12 months work experience within the last 36 months?
Yes, given that you would have 12 months experience from 1 September 2010 to 31 August 2011 within the last 3 years you would meet the requirements under the proposed legislation. I know who will be checking the final legislation in December like a hawk ;)

Good luck!
 

JohnBhoy

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Sep 4, 2011
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Thank you very much for the clarification and all your help. My heartbeat is now back to normal (well until December anyway)!
 

IrishinCanada

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Does this benefit people who have already applied for CEC residency in any way? And these changes, they are definitely going ahead? Or for now, just a proposal.
 

OhCanadiana

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IrishinCanada said:
Does this benefit people who have already applied for CEC residency in any way? And these changes, they are definitely going ahead? Or for now, just a proposal.
1. This would only apply to new applicants.
2. There will definitely be changes and these are definite enough that they have been published in the Gazette already.
 

mnjdev

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Apr 30, 2012
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Toronto, Ontario
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App. Filed.......
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Doc's Request.
Biodata form on 13th march
AOR Received.
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IELTS Request
sent along with application
File Transfer...
RPRF requested on 1st March
Med's Request
01-03-2013
Med's Done....
05-03-2013
Interview........
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Passport Req..
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VISA ISSUED...
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LANDED..........
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Hi Ohcanadiana,

aren't we talking 2 different things here?
-- is that experience still counts even after leaving the country? (Even now we have 24 months of skilled experience with in last 3 years) but it is not valid if you leave the country, if you leave the country you must submit your application with in a year right?


correct me if i am wrong?
 

OhCanadiana

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mnjdev said:
Hi Ohcanadiana,

aren't we talking 2 different things here?
-- is that experience still counts even after leaving the country? (Even now we have 24 months of skilled experience with in last 3 years) but it is not valid if you leave the country, if you leave the country you must submit your application with in a year right?


correct me if i am wrong?
Hmmm...I see it a bit differently.

Let me elaborate:

Currently the rules (per OP-25) require that temporary foreign workers applying under CEC have 24 months experience within the last 36 months (quote below*). Therefore, you have to apply within one year of that experience being completed because otherwise you will have run out of months of experience (regardless of where you live as long as you aren't working in Canada). Let me illustrate this graphically:

Example 1: You worked for 24 months (marked by w) and apply anytime before Month 36
Month
1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 | 37 38 38 39 40...
w w w w w w w w w w w w w w w w w w w w w w w
You can then apply anytime after Month 24 is completed and up until Month 36 ----------------------> |
... because up until month 36 when you count backward you will have 24 months of experience within the last 36 months.

Example 2: You worked for 24 months (marked by w) - same as in Example 1 but you wait until the end of the 17th month after you stopped working that to think about applying (i.e., you consider applying at the end of Month 40) - current rules
If you wait until say end of month 40 to apply, if you count back for 36 months your first 5 months of experience will have expired (shown in red below):

1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 | 37 38 38 39 40...
w w w w w w w w w w w w w w w w w w w w w w w ^Apply
Expired
<----------------------------------36 months prior to application-------------------------------------->

Therefore, when you count back from Month 40, you will only have 19 months of experience in the past 36 months.
Therefore, under the current regulations you wouldn't be eligible to apply under the Temporary Foreign Worker Stream because you don't have 24 months of full-time work experience within the 36 months before applying.

Under the proposed regulations, you WOULD be eligible to apply because you would have more than 12 months of experience in the past 36 months even if you apply at the end of Month 40 (see the 12 blue w's)

Example 3: You worked for 24 months (marked by w) - same as in Example 1 but you wait until the end of the 17th month after you stopped working that to think about applying (i.e., you consider applying at the end of Month 40) - proposed rules

1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 | 37 38 38 39 40...
w w w w w w w w w w w w w w w w w w w w w w w ^Apply
Expired Excess 12 months of experience

<----------------------------------36 months prior to application-------------------------------------->

You have at least 12 months of experience within the last 36 months before applying (marked in blue) and therefore would be eligible to apply under the proposed regulations.

~~~~~
*"Temporary Foreign Worker Stream
Under this stream, an applicant must have acquired, in Canada, within the 36 months
before the date the application is made, at least 24 months of full-time work experience,..."
http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf