Long paid leave -> continuous work experience?

[danielhn]

Hi,

I would like to know if my 1-year foreign work experience can be considered "continuous".

I worked for a company for 7 months, took a 5 months paid leave, worked for another 5 months and then went for a 2-month paid vacations before quitting my job. All in the same company, same job title.

From the company's perspective I was a full-time employee during this entire period (1year and 7 moths). Even if you disregard my leave and vacations I have 12 months of full-time work.

Can this work experience count as "at least 1 year of continuous work"? Someone else posted in this forum that "generally as long as the individual were still considered an employee (even if on an unpaid leave) it would not be considered discontinuous.", but I was not able to find anything that could confirm that.

Thank you so much in advance.

 

[danielhn]

Any help would be greatly appreciated

 

[sflmanager]

Hey! I'm the same situation. Did you have any information on the subject?

 

[mdilushi]

Hey! I'm the same situation. Did you have any information on the subject?

Are you applying as a skilled worker?

If so, breaks in employment will not be an issue.

Could you pls tell more about your situation? so I can see if i can help.

 

[sflmanager]

Are you applying as a skilled worker?

If so, breaks in employment will not be an issue.

Could you pls tell more about your situation? so I can see if i can help.

Hey, I appreciate the quick reply!

Yes, I am planning to apply as a Federal Skilled Worker.

My situations is: I worked for 7 months with company X working as store manager. I then had to take 2 months of unpaid leave because I was waiting on my work permit extension (foreigner in the US). After I got my work permit extension, I worked 7 more months with the same company, in the same position. Would that count as 1 year of experience?

When answering a few questions (http://onlineservices-servicesenligne.cic.gc.ca/eapp/eapp.do) to see if I'm eligible it says "In the last 10 years, how many years of skilled work experience do you have? It must have been continuous, paid, full-time (or an equal amount in part-time), and in only one occupation"

Let me know if you need any extra info about my case.

 

[mdilushi]

Hey, I appreciate the quick reply!

Yes, I am planning to apply as a Federal Skilled Worker.

My situations is: I worked for 7 months with company X working as store manager. I then had to take 2 months of unpaid leave because I was waiting on my work permit extension (foreigner in the US). After I got my work permit extension, I worked 7 more months with the same company, in the same position. Would that count as 1 year of experience?

When answering a few questions (http://onlineservices-servicesenligne.cic.gc.ca/eapp/eapp.do) to see if I'm eligible it says "In the last 10 years, how many years of skilled work experience do you have? It must have been continuous, paid, full-time (or an equal amount in part-time), and in only one occupation"

Let me know if you need any extra info about my case.

Though you have breaks of employment you can apply under FSW. In my own experience, I too had breaks in my employment. One break is for one year. But, i got my PR. So, this won't be a problem. When you submit your documents, make sure you explain reasons for break in LOE.

If I could find anything in the law, I will post in this thread

 

[sflmanager]

Though you have breaks of employment you can apply under FSW. In my own experience, I too had breaks in my employment. One break is for one year. But, i got my PR. So, this won't be a problem. When you submit your documents, make sure you explain reasons for break in LOE.

If I could find anything in the law, I will post in this thread

Awesome, thank you!

 

[mdilushi]

the link you mentioned is not working for me. As per regulations, there is nothing about continuous.

Where does it say continuous?

 

[mdilushi]

This is copied from regulations.

"
Experience (15 points)

• 80 (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:
  
  • (a) 9 points for one year of work experience;
    
    
  • (b) 11 points for two to three years of work experience;
    
    
  • (c) 13 points for four to five years of work experience; and
    
    
  • (d) 15 points for six or more years of work experience."

 

[sflmanager]

the link you mentioned is not working for me. As per regulations, there is nothing about continuous.

Where does it say continuous?

Please see screenshot:

https://imgur.com/a/Ih23N4P

 

[mdilushi]

It is not an issue. You can count all irrespective of breaks.

https://www.lexology.com/library/detail.aspx?g=a7a67f0e-f44b-48c7-85d6-514db5f9aa19

 

[sflmanager]

It is not an issue. You can count all irrespective of breaks.

https://www.lexology.com/library/detail.aspx?g=a7a67f0e-f44b-48c7-85d6-514db5f9aa19

Hey mdilushi, thank you so much for digging into it!

From this link it seams like it doesn't need to be continuous, nor in the same occupation. Is that what you understood as well?

 

[DelPiero07]

This thread is a huge mess. In order to be eligible under the FSW you need a year of continuous work experience under your Primary NOC.

"
The applicant must have accumulated at least one year of continuous full-time (or the equivalent in part-time) paid work experience in the occupation identified in their application for permanent residence as their primary occupation. In calculating this period of work experience, the occupation must be listed in skill type 0 (Managerial occupations), skill level A (Professional occupations) or skill level B (Technical occupations and skilled trades) of the National Occupational Classification (NOC) 2016 [R75(2)(a)]."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/federal-skilled-workers/assessing-applications-against-minimum-requirements.html

 

[sflmanager]

This thread is a huge mess. In order to be eligible under the FSW you need a year of continuous work experience under your Primary NOC.

"
The applicant must have accumulated at least one year of continuous full-time (or the equivalent in part-time) paid work experience in the occupation identified in their application for permanent residence as their primary occupation. In calculating this period of work experience, the occupation must be listed in skill type 0 (Managerial occupations), skill level A (Professional occupations) or skill level B (Technical occupations and skilled trades) of the National Occupational Classification (NOC) 2016 [R75(2)(a)]."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/federal-skilled-workers/assessing-applications-against-minimum-requirements.html

Would that be considered continuous?

"My situations is: I worked for 7 months with company X working as store manager. I then had to take 2 months of unpaid leave because I was waiting on my work permit extension (foreigner in the US). After I got my work permit extension, I worked 7 more months with the same company, in the same position. Would that count as 1 year of experience?"

 

[DelPiero07]

Would that be considered continuous?

"My situations is: I worked for 7 months with company X working as store manager. I then had to take 2 months of unpaid leave because I was waiting on my work permit extension (foreigner in the US). After I got my work permit extension, I worked 7 more months with the same company, in the same position. Would that count as 1 year of experience?"

There is a break in continuity.