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URGENT: Is paid vacation still counted part of 52 weeks for CEC?

Discussion in 'Canadian Experience Class' started by jvm8, Jul 30, 2018.

  1. So, unfortunately, you will not find clear-cut guidance. A couple of years ago, there seemed to be an attempt to harmonize the PR rules with the "physical presence rules" of citizenship, but I don't think that is true at this time. Here's all that you have to go by :

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

    "An allowance for a reasonable period of vacation time will generally be made in calculating the period of qualifying work experience (e.g., a two-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work experience). An allowance for normal vacation time during a period of qualifying work experience cannot be used as a substitute or proxy for meeting the in-Canada element of the work experience requirement (i.e., 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). 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."

    So, this seems to suggest that work experience must physically take place inside Canada, but it is also specifically addressing people who work outside Canada and claim it as "vacation" to meet the one year requirement. It also says it will be considered on a case-by-case basis.I think if you wanted to spend 2 months in your home country working remotely, that would not count. But in your case, you clearly have international travel responsibilities as part of your job duties, I think it would probably be accepted. Many people have posted about having their international business trips accepted.

    If you can afford to wait 2 an extra two months, that is one way to be certain you meet the requirement.
     
  2. Jes,

    Appreciate if u can provide thoughts about below case

    Below is my profile briefly:
    - Entered Canada on July 21st 2018.
    - Payroll in Canada start from July 23rd 2018.
    - Left to India to take care of family needs on Nov 18th and came back on Feb 1st (75days)
    - I was working from India and my payroll was active in Canada. Have payslips and all for this period.

    My questions are
    - Can I claim 1 experience on July 21st 2019 or on July 23rd 2019 (as per Payroll start date)
    - Does my work between Nov 18th and Feb 1st count for 1 year experience as my payroll was active?

    Thank you.!
    PR Aspirant.
     
  3. There is a difference between traveling for business purposes, and staying in your home country for personal reasons while working remotely. One trip is for your employer, the other is not.
     
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  5. I agree with @jes_ON - 75 days is too long. Apply after you have one year of physical presence working in Canada.
     


  6. Hi,
    Did you go ahead with the application? I am in similar situation as you so needed some guidance. Thanks
     
  7. Nope, not yet.
     
  8. Jes / 21Goose,

    One more question on this. I decided to wait for additional time and apply. But is it ok if I wait for 75 days (time outside) and apply? Or should I wait until Feb 1st (last entry date in Canada)

    In other words does the 1 year experience has to be continuous?
     
  9. Work experience under the Canadian Experience Class does not need to be continuous. You need 1 year of experience in the three years prior to applying.

    Work experience under the FSW does need to be continuous.

    You're applying under CEC, correct? If so, then you can wait 80-odd days (build in a few days buffer) and then apply.
     
    jes_ON likes this.
  10. Jes, with the above dates, I think I complete 1 year on Oct 5th. Could you please take moment and provide your thoughts.
     
  11. So, between July 23 2018 and July 22, 2019 you worked 290 (365-75) days - 290 / 7 days per week = 41.4 weeks of employment in your first calendar year.

    Since July 23, 2019 (as of today), you have worked 11 weeks, for a combined total of 52 weeks. Congrats, you meet the one year requirement.
     

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