monkeyspanner

Please can some one help

I posted about my daughter making a mistake regarding PR hours last week.

We have consulted a lawyer who has the Canadian qualification on immigration only to be told by his 'assistant' that our daughter to qualify for EE ( and PR) needs to have:

30 hours of work per week for 52 weeks IN ONE YEAR = 52 weeks OR
15 hours of work per week for 104 week IN TWO YEARS = 52 weeks

It is not possible to do a combination of both as she has been doing over the course of her two year IEC visa which CIC implies on their Help Centre page:

How much work experience do I need to be eligible for the Canadian Experience Class?
To be eligible for permanent residence under the Canadian Experience Class you must have completed, within the three years before you apply, at least:

12 months of full-time work:
30 hours/week for 12 months = 1 year full time (1,560 hours), OR
equal amount in part-time hours, such as:
15 hours/week for 24 months = 1 year full time (1,560 hours)
30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)

For example, she worked 2 seasons as a ski instructor with contracts which we would term zero hours as she would teach as and when required some weeks full time i.e over 30 hours others less. We thought that the calculation this would be one and a half weeks.

This is absolutely devastating as she will not be able to gain the experience now to apply for PR as her visa runs out on 11th November 2017.

Please, please, please can anyone help as we don't know what to do???

Former Lancastrian

From the CIC Operating Manual
Skilled work experience
To be eligible for the CEC, you need to have Canadian skilled work experience within three years of applying. According to the Canadian National Occupational Classification (NOC), skilled work experience means:

Managerial jobs (NOC skill level 0)
Professional jobs (NOC skill type A)
Technical jobs and skilled trades (NOC skill type B)

Your experience must be at least

12 months of full-time work
30 hours/week for 12 months = 1 year full time (1,560 hours), OR
equal amount in part-time hours, such as:
15 hours/week for 24 months = 1 year full time (1,560 hours)
30 hours/week for 12 months at more than one job = 1 year full time (1,560 hours)
You must show that you did the duties set out in the occupational description in the NOC. This includes all the main duties listed.

If you don’t show that your experience meets the description in the NOC, we will not accept your application.

Who can apply: Canadian Experience Class

More details found here on CEC

Processing Canadian experience class e-applications received on or after January 1, 2015

monkeyspanner

Thanks FL, but can the F/T and P/T be combined i.e 15 weeks x 2 = F/T week and how does this say this experience has to be condensed into a 1 year period.

Because of the seasonal nature of her work hours are variable both in ski instructing and as a cook.

The NOCs appear fine it is how the work is counted
over the 24 months of the IEC or a continuous 12 months of work, no breaks or holidays?

monkeyspanner

This is from the CIC 'Glossary' which states that the qualifying work criteria has to be over AT LEAST a one year period:

Terms and definitions related to permanent residence

For CEC applications received on or after January 2, 2013

Pursuant to R73(1), “full-time work” means at least 30 hours of work over a period of one week, and pursuant to R73(2) “work” means an activity for which wages are paid or commission is earned.

For CEC applications received before January 2, 2013

Pursuant to R87.1(3)(a), “full-time work” means at least 37.5 hours of work over a period of one week. Full-time equivalence, or 1,950 hours of paid employment over a period of at least 12 months will also be considered.

Calculating work experience for CEC

The full-time work experience requirement for applicants in the CEC may be met by the equivalent in part-time, paid work experience (e.g., more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of at least one year of full-time work).

Work experience can be calculated by adding up the number of weeks of full-time (or equivalent) paid work, for example:

30 hours/37.5 hours per week in one job, or a total of at least 30 hours/37.5 hours per week in more than one job) in one or more skilled occupations at:
Skill Type 0 (Managerial occupations);
Skill Level A (Professional occupations); or
Skill Level B (Technical occupations and skilled trades) of the NOC.
Work experience must be acquired over a period of at least one year; work in excess of 30 hours/37.5 hours per week over a shorter period cannot compensate for any shorter overall period of experience.

Please any thoughts???

Snowy560

Hours over 30 per week cannot compensate for lack of time. You need at least 12 months of 30+ hours ("full time") or the equivalent in part time hours over a longer period. Example: if you work 60 hours pw you don't qualify for CEC in 6 months. You'd still have to work 12 months to do so.

monkeyspanner

Thanks Snowy560

I'm not explaining myself well.

Our daughter has been in Canada since Nov 2015 and her visa runs out on 11th Nov 2017.

We have been told that she has to qualify by having 30 hours pw for 52 weeks to qualify and that part time employment of over 15 hours pw does not qualify.

She has had contracts for ski instructing which are zero hours ...some weeks she works over thirty hours.....some weeks she work 16....dependent on weather, school holidays, rotations etc.,. This work was paid bi monthy so difficult to determine what she worked week on week.

Her other jobs have been as a cook and these have *tended* to be contracted but some occasional fall below the 30 for a f/t week. Also pretty seasonal work

What I want to know as the CIC/IRCC information is contradictory:

1) If a combination of full and part time weeks have been worked due to the seasonal nature of the empolyment can both be counted and re-calibrated into whole weeks to give a total?

2) Did all of her work experience have to be done and dusted over a 12 month period ?(which makes no sense especially if working a p/t jobs) We believed it to be over the 24 months of her IEC.

3) how are part time jobs of over 15 hours calculated into the total amount of weeks?

Tanks and any help would be much appreciated

Aviator

Maybe contact the lawyer and not their assistant. This is what you paid them for presumably.

monkeyspanner

Thanks Aviator,

On other forums other posters have said that what we were told this morning is absolutely NOT the case as part time work of over 15 hours per week is counted and two of these make a 'week' if you see what I mean.

Do you know anything about how part-time an full time work is calibrated to give the 'weeks' a candidate has worked. Spent all day looking at CIC and can find no explantion whatsoever.

Thanks for your response

christmasoompa

A week of full-time work is deemed to be 30 hours in CIC's view. So each session of 30 hours (however that has been done i.e. across 2 or 3 or 4 weeks) will be one full week for CEC purposes.

HTH.

monkeyspanner

Thank you Christmasoomp!!!!

My other half had a call back from the lawyer himself an hour ago and his assistant had given us completely the wrong information across so much of what we discussed.

However not out of the woods yet as I have lost faith in those who should have the information at their finger tips.

The lawyer has said there are NO consequences to keeping this profile even with the erroneous hours at the time of it's creation. He advises to just decline the ITA, our daughter will be placed back into the pool and now has the correct hour/weeks and hopefully everything will progress.

I'm not so sure on this however as I remeber someone saying they were declined as their hours/weeks were under the necessary numbers when they created their profile. Can you help me out again with this one?

Thanks so much for you response and everyone else's

Snowy560

Yes that is correct. If you decide to decline the ITA you can amend the profile so it is accurate. The lawyer knows what he's talking about.

The problem you've got, in my opinion, is that your original explanations over what your daughter had done were very unclear so I'm frankly not surprised it was difficult for someone or indeed anyone to work out what you meant.

If you carry on asking different people the same question you will get different answers and you will be no clearer than you were in the first place.