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Non full time worker trying to apply for PR through EE - Help required

denori

Newbie
May 31, 2015
7
0
Since I have created my profile on Express Entry, I have been receiving ITAs from time to time. But, I have declined every one of them, as I do not think that I qualify for the ITAs.

So, here is my situation. I'm currently sitting at 466 CRS points, as the system recognizes that I have two years of cumulative Canadian experience.

However, although that I have been officially employed by Canadian employers for more than two years, I haven't quite gained two years of cumulative Canadian work experience. My job is not a traditional 40 hours per week job where I work 52 weeks per year.

Hence, if I'm correct, I should actually be sitting at 441 CRS points right now.


Anyhow, I work as a technician where I work a lot when I get assigned to a project and sit at home when there's no work at all. The job is not stable due to the nature of the industry that I'm involved with.

There are certain weeks where I work more than 80 hours per week, but from what I understand, any work week that is more than 30 hours of work is still considered as one full time work week.

Any work week which is less than 30 hours of work is considered as a part time work week. The total full-time equivalent work weeks is then calculated by (#of full time work weeks + # of hours accumulated from part time work weeks/30).

All in all, since I've graduated from college, I have managed to work 93 weeks of full-time equivalent work weeks. I would then need 11 more weeks of full-time equivalent work weeks to have two years of cumulative Canadian experience.

And once I get 104 weeks of cumulative Canadian experience, I should qualify for 466 CRS points and then be able to accept an ITA without misrepresenting my profile.



Here's the problem though. After graduating from college back in 2012, I had been in Canada with a PGWP for 3 years until August 2015, and I have managed to get a IEC working holiday visa for 1 year as my country has a bilateral youth mobility arrangement with Canada.

My IEC working holiday visa will be expiring on August 2016, and I am hoping to accumulate 104 weeks of full-time equivalent work weeks (maybe 108 weeks to be on the safe side), get an ITA, submit an application, and then get an AOR before my working holiday visa expires so that I can apply for BOWP to extend my stay here in Canada while my application is getting processed.

However, as my total duration of stay in Canada with a work permit would be 4 years in total in August 2016, I am apprehensive on how the four-year maximum rule would play into effect.

As I spent close to an year as an unemployed new graduate looking for work and as I have not been working strictly on full time basis, I do believe that I should be eligible for the BOWP.

But I have not seen anyone who has gone through the same situation as me on the forums, so I am worried that my application for BOWP may get rejected.



So here are my questions:

1. If I were to get an AOR through express entry, then how likely would I get a BOWP under my current situation? What would be the best way to prove that I have been unemployed looking for work for one year and have only worked in Canada for a cumulative period of 2 years while I was on a work permit for a total of 4 years for the BOWP application? Likewise, what would be the best way to prove that I have worked in Canada for a cumulative period of 2 years for the express entry application?

2. I will be working for 1 more full time work week this year to get 94 full time equivalent work weeks by the end of this year. and I am hoping to work for 10 more weeks next year so that the total cumulative full time equivalent work weeks would reach 104 weeks. The earliest date I would be getting 2 years of cumulative work experience in Canada would then be around the end of March 2016. Considering that my current work permit would be expiring at the beginning of August 2016, how likely would I be getting a ITA and then get an AOR in a 4 month timeframe with a CRS score of 466 before my work permit expires?

3. I understand that reference letters are required from employers for the PR application. As I've said earlier, I do not work on a full time basis due to the nature of the industry that I'm involved with. Anyhow, what are the implications of not putting my work as a "full time" work in the reference letters? Would I be fine as long as I prove the number of full time equivalent work weeks that I've worked for each employer?

4. Let's say that I would get two years of full time equivalent Canadian work experience at end of March 2016. If I were to get an ITA "before" the end of March 2016, accept the ITA, and use that ITA to apply for PR "after" the end of March 2016, would my PR application be rejected for accepting an ITA before I have gained 104 weeks of full time equivalent Canadian work experience?



I understand that my situation is somewhat convoluted. If there's any points I should clarify on, please let me know. Any kinds of responses, advice, and suggestions are greatly appreciated.
 

adi1989

Hero Member
Jan 11, 2015
301
7
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Pre-Assessed..
Re: Non full time worker trying to apply for PR through EE before work visa expires

denori said:
Since I have created my profile on Express Entry, I have been receiving ITAs from time to time. But, I have declined every one of them, as I do not think that I qualify for the ITAs.

So, here is my situation. I'm currently sitting at 466 CRS points, as the system recognizes that I have two years of cumulative Canadian experience.

However, although that I have been officially employed by Canadian employers for more than two years, I haven't quite gained two years of cumulative Canadian work experience. My job is not a traditional 40 hours per week job where I work 52 weeks per year.

Hence, if I'm correct, I should actually be sitting at 441 CRS points right now.


Anyhow, I work as a technician where I work a lot when I get assigned to a project and sit at home when there's no work at all. The job is not stable due to the nature of the industry that I'm involved with.

There are certain weeks where I work more than 80 hours per week, but from what I understand, any work week that is more than 30 hours of work is still considered as one full time work week.

Any work week which is less than 30 hours of work is considered as a part time work week. The total full-time equivalent work weeks is then calculated by (#of full time work weeks + # of hours accumulated from part time work weeks/30).

All in all, since I've graduated from college, I have managed to work 93 weeks of full-time equivalent work weeks. I would then need 11 more weeks of full-time equivalent work weeks to have two years of cumulative Canadian experience.

And once I get 104 weeks of cumulative Canadian experience, I should qualify for 466 CRS points and then be able to accept an ITA without misrepresenting my profile.



Here's the problem though. After graduating from college back in 2012, I had been in Canada with a PGWP for 3 years until August 2015, and I have managed to get a IEC working holiday visa for 1 year as my country has a bilateral youth mobility arrangement with Canada.

My IEC working holiday visa will be expiring on August 2016, and I am hoping to accumulate 104 weeks of full-time equivalent work weeks (maybe 108 weeks to be on the safe side), get an ITA, submit an application, and then get an AOR before my working holiday visa expires so that I can apply for BOWP to extend my stay here in Canada while my application is getting processed.

However, as my total duration of stay in Canada with a work permit would be 4 years in total in August 2016, I am apprehensive on how the four-year maximum rule would play into effect.

As I spent close to an year as an unemployed new graduate looking for work and as I have not been working strictly on full time basis, I do believe that I should be eligible for the BOWP.

But I have not seen anyone who has gone through the same situation as me on the forums, so I am worried that my application for BOWP may get rejected.



So here are my questions:

1. If I were to get an AOR through express entry, then how likely would I get a BOWP under my current situation? What would be the best way to prove that I have been unemployed looking for work for one year and have only worked in Canada for a cumulative period of 2 years while I was on a work permit for a total of 4 years for the BOWP application? Likewise, what would be the best way to prove that I have worked in Canada for a cumulative period of 2 years for the express entry application?

The best way to prove your experience would be reference letter, job contracts and pay stubs supported by a loe.
But cic doesn't care if an applicant was unemployed during the work permit duration. It doesn't help to extend the permit.

2. I will be working for 1 more full time work week this year to get 94 full time equivalent work weeks by the end of this year. and I am hoping to work for 10 more weeks next year so that the total cumulative full time equivalent work weeks would reach 104 weeks. The earliest date I would be getting 2 years of cumulative work experience in Canada would then be around the end of March 2016. Considering that my current work permit would be expiring at the beginning of August 2016, how likely would I be getting a ITA and then get an AOR in a 4 month timeframe with a CRS score of 466 before my work permit expires?

I have seen cases where a candidate applied for PR under express entry followed by bowp application.
Work under implied status while your bowp and pr application is being processed.
And eventually being approved for bowp.
It's not 100% but worth a shot.
I know people getting approved.



3. I understand that reference letters are required from employers for the PR application. As I've said earlier, I do not work on a full time basis due to the nature of the industry that I'm involved with. Anyhow, what are the implications of not putting my work as a "full time" work in the reference letters? Would I be fine as long as I prove the number of full time equivalent work weeks that I've worked for each employer?

You don't need to prove that you are full time worker as far as you are able to prove the number if hours you have worked. You can prove that by your pay stubs, reference letter and nature of job and LOE.

4. Let's say that I would get two years of full time equivalent Canadian work experience at end of March 2016. If I were to get an ITA "before" the end of March 2016, accept the ITA, and use that ITA to apply for PR "after" the end of March 2016, would my PR application be rejected for accepting an ITA before I have gained 104 weeks of full time equivalent Canadian work experience?

The experience that you would gain after ITA won't be counted. The experience should be gained before hand.
What actually matter is that you need to acquire 3220 hrs in two years or more to acquire the score for 2 years work experience.
And yes if you accept the ITA before gaining experience they might reject.
You can be lucky depending on your case but chances are they might reject.



I understand that my situation is somewhat convoluted. If there's any points I should clarify on, please let me know. Any kinds of responses, advice, and suggestions are greatly appreciated.
 

denori

Newbie
May 31, 2015
7
0
Re: Non full time worker trying to apply for PR through EE before work visa expires

Thanks for the response adi1989, it really helps.

I still think that the period that I spent unemployed right after graduation shouldn't count towards the four year maximum. However, I don't know what would be the best way to prove that I've been unemployed when there's no documented proof that I was unemployed.

Also, I have already worked more than 4500 hours over the two years, but unfortunately, there has been weeks where I have worked 80 to 90 hours and weeks where I have not been working at all, so from what I understand, I only have 93 weeks of full time equivalent work weeks in total.

It would be great if someone could correct me on this if I'm wrong.



Can anyone else give more insight to my situation? Thanks for all the help.
 

chechi_298

Star Member
Oct 23, 2013
101
6
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App. Filed.......
05-08-2015
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06-10-2015
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12-11-15
Re: Non full time worker trying to apply for PR through EE before work visa expires

Denori, I am sorry to hear about your situation. Trust me, I've been there. However, I think it's important to note that IEC permits are exempted from the "implied status". I'm not an expert on this matter, so this is something you should look into. If I'm correct, I believe that I read that on multiple threads on this forum, as well as someone sharing their experience whereby they thought they were on implied status and proceeded to work, but because implied status doesn't apply to those on IEC's they were actually (unintentionally) working illegally. This could become risky. Again, I could be wrong, and I hope I am for your sake, but maybe others more knowledgable on the topic can clarify.
 

denori

Newbie
May 31, 2015
7
0
Re: Non full time worker trying to apply for PR through EE before work visa expires

Hey chechi_298, thanks for your response.

I am hoping that I could be on implied status while applying for BOWP, as I'm technically not trying to extend my IEC permit, but instead trying to get a totally different permit that allows me to work in Canada while I'm waiting for PR.

Here's the thread that I've referred to: canadavisa.com/canada-immigration-discussion-board/iec-applying-for-pr-and-implied-status-t316052.0.html



Any other suggestions and insights would be greatly appreciated.
 

ozlis

Hero Member
Oct 20, 2015
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I'm keen to know the answer too, can you be on implied status on an IEC visa after applying for a BWOP?
 

anarsoul

Hero Member
Jul 12, 2014
695
52
ozlis said:
I'm keen to know the answer too, can you be on implied status on an IEC visa after applying for a BWOP?
No, you can't. Implied status is technically WP extension, but IEC can't benefit from extension.
 

ozlis

Hero Member
Oct 20, 2015
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Thank you, not what I was hoping but what I thought was the case!
 

denori

Newbie
May 31, 2015
7
0
I've just called the CIC call center at 1-888-242-2100, and I've been informed that I can be on implied status if I'm simply applying for BOWP as a new work permit, not extending IEC working permit. I'm gonna try sending an email to the express entry department to see if I could get an answer to the other questions that I've posted, but it would be great if I could get any suggestions and feedback from other people.
 

anarsoul

Hero Member
Jul 12, 2014
695
52
denori said:
I've just called the CIC call center at 1-888-242-2100, and I've been informed that I can be on implied status if I'm simply applying for BOWP as a new work permit, not extending IEC working permit. I'm gonna try sending an email to the express entry department to see if I could get an answer to the other questions that I've posted, but it would be great if I could get any suggestions and feedback from other people.
No, you can't. It was discussed several times on this forum. Implied status is technically an extension of work permit, but IEC WP is not extendable. See http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends
 

denori

Newbie
May 31, 2015
7
0
Well, I personally prefer to trust what the CIC agent has said over what's written in a wiki article...and according to Government of Canada, you should be eligible to apply to BOWP as long as you satisfy the criteria written in cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
 

anarsoul

Hero Member
Jul 12, 2014
695
52
denori said:
Well, I personally prefer to trust what the CIC agent has said over what's written in a wiki article...and according to Government of Canada, you should be eligible to apply to BOWP as long as you satisfy the criteria written in cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
This wiki article has references to Canadian laws. And written responses from CIC officers. And I guess you're mostly interested in "Has anyone actually been caught?" part.

You're still eligible to apply for BOWP, but you can't work as soon as your IEC WP expires.

Anyway, I'm not going to convince you anymore. Feel free to work and assume that you might have an implied status.