Timmo

Help!

I need some professional clarification.

I'm applying for PR under NOC 5254 as a Snowboard Instructor. I have MORE than 365 days of experience, but due to the fact that you can only do this in winter I work for 5 months then have about 1 months of holidays then do the ski season in the Southern Hemisphere (the seasons are reversed so you can do almost continual back-to-back winters). I always have a job offer during the current season for the next season.

When I apply, can I write I worked for Resort X, went on holidays, then started a new job at Resort Y? The job is exactly the same. Can you satisfy the 'continuous' requirement if you have 2 or more employers in a year? Or would you have to actually quit one job, then literally start a new job on the very next day???

It's obvious that when they thought of the 'continuous' rule they didn't think of people who's job is related to the seasons. It seems unfair to descriminate because of that!

Thanks in advance for any advice/suggestions

xxx

I have not see any document saying it has to be a continuos employment

This is what I see in the skilled pdf
Calculate your points by adding all of the years of full-time, paid work experience you have that:
Occurred within the past 10 years
Is not listed as a restricted occupation (follow the link to “Will You Qualify?� on our Web
site at www.cic.gc.ca/skilled to check)
Occurred in occupations listed in Skill Type 0 or Skill Level A or B of the NOC (see the
Will You Qualify? section)
http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf

Andrew Miller

You are confusing education factor in the selection grid (where various periods of experience can be accumulated) with regulatory requirement of having at least 1 year of full time, paid, continuous work experience in skilled occupation. To meet the definition of Skilled Worker applicant must meet regulatory requirements first, before starting counting points - Regulations, Section 75 below says clearly:

-------------------------------------------
75(2) A foreign national is a skilled worker if
(a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
-------------------------------------------

You can see the word **continuous** above.

Aluru

Hi Timmo,
In response to your posting (which I believe AM left ambiguous), the second part of what AM quoted best relates to your case.

75(2) A foreign national is a skilled worker if..........(a) .................or the equivalent in part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

In Canada, most people in this profession are classified as part-time workers. Infact, the percentage of part-time workers (54%) in this occupation is above the 2001 average (18%) and has stayed about the same since 1994 in Canada, so ideally you will be considered as having acquired the equivalent work experience in part-time employment. So yours would be the equivalent in part-time employment especially as your employment is seasonal. That part of the clause was added to take care of cases like yours. So they did think of people with jobs related to the seasons.
As long as you continued working a month after like you stated and can be proven, along with a written note (or letter describing and explaining the seasonal nature of your work), you should be ok.

However, I must warn you that what could work against you even if your work experience is accepted is the job prospects in Canada for this NOC, which are rated LIMITED because there is an overly large supply of workers especially over the 1999-2002 period, with the number of workers exceeding the number of job openings. Also, the increased costs associated with playing a sport or participating in a recreational activity has put jobs in this occupation at risk. In addition, the job outlook for this occupation to 2007 is still rated as LIMITED because the supply of workers is expected to still remain extremely high.

Concerning your PR application, CIC will probably not grant your request as a skilled worker to immigrate to Canada in an occupation in which the unemployment rate (8.4%) is significantly above the national average (5%) and where a lot of Canadians and current permanent residents are having it hard to find work.
This is where the officer’s discretion might come in and you might be refused even if all your points put together are above the current pass mark.

This is something you might want to think about before applying and get experience in an occupation in which the prospects are rated Fair, good or excellent. Good luck.

P.S: For work prospects information for your NOC, go to
http://jobfutures.ca/noc/5254p3.shtml

xxx

Oh ! ok Andrew thanks for correcting me ,

So for Example let us say I worked for 2 1/2 Years stragight and then got laid off for a peroid of 9 months and then I was able to find a job and have been working for 1 1/2 year at the time of applying in the same of skill set ,

Then I can get points only for 2 years but not for 4 years of experience ?

One more Question is will I get the experience I gained between the date of Applied (AOR ) and the date of Interview ?
Like if at the time of submision of application I have 1 1/2 years of Experience and at the time of Assesement which takes at least 6 moths , Will they count it as 2 years if I submit the required evidence ?

Once again thanks for correcting me


[QUOTE]Originally posted by Andrew Miller
You are confusing education factor in the selection grid (where various periods of experience can be accumulated) with regulatory requirement of having at least 1 year of full time, paid, continuous work experience in skilled occupation. To meet the definition of Skilled Worker applicant must meet regulatory requirements first, before starting counting points - Regulations, Section 75 below says clearly:

-------------------------------------------

Andrew Miller

No, you misunderstood it all. You are still confused.

There are two completely different matters -

You can count **all** work experience in skilled occupations gained in past 10 years as far as points for Experience factor are concerned.

**Continuous** applies only to the pre-requisite, a regulatory requirement to have at least 12 months of paid, continuous work experience to be eligible to apply.

As long as you submit evidence of additional work experience gained after application and it reaches officer before your case goes into selection decision stage then it will be taken into consideration.


[QUOTE]Originally posted by xxx
Oh ! ok Andrew thanks for correcting me ,

So for Example let us say I worked for 2 1/2 Years stragight and then got laid off for a peroid of 9 months and then I was able to find a job and have been working for 1 1/2 year at the time of applying in the same of skill set ,

Then I can get points only for 2 years but not for 4 years of experience ?

One more Question is will I get the experience I gained between the date of Applied (AOR ) and the date of Interview ?
Like if at the time of submision of application I have 1 1/2 years of Experience and at the time of Assesement which takes at least 6 moths , Will they count it as 2 years if I submit the required evidence ?

Once again thanks for correcting me

Timmo

Hi Aluru!

Thank you very much for your detailed reply. It was exactly what I was hoping for. I appreciate Andrew replying to me, but if I took what he said as gospel, I probably would have had my dream of moving to Canada shattered. So thank you for giving me more details on the PR process.

I do have one more thing I hope you can clarify. In your post you mentioned, and I have read on the NOC website, that professions in the 5254 classification are in "Limited" demand. In my situation I find this very strange. I find it strange because in the past 2 years I have received Work Visas approved by the HRDC in order to work in Canada as an instructor. This happens year after year at resorts all over BC and AB. Surely this indicates that there is a shortage of qualified Canadians??

In addition, would you think I will receive Positive Discretion from the Visa Officer as I'm currently working at a large ski area as the Marketing Coordinator? This is also listed in the NOC. I do not yet have a year experience in this position, that's why I'm applying as an instructor. I score very well overall. I score full marks in Age, English and French, score 22 for education and I have previously worked in Canada. I total 76 points, assuming I receive minimum points for Experience.

Oh, just one more quick question; is there a law/rule that says you can claim PR if you have lived and worked in Canada for a certain period of time? I have lived in Canada for 3 years (2 Working Holiday Visas and 2 Work Visas)?

Again, thank you Aluru for your advice and insight.

Aluru

Hi Timmo,
The additional information that you supplied if they are indeed true will put a new spin to your application. First and foremost, you will get 5 additional points in the adaptability section if you or your spouse has worked in Canada for a year with a valid work permit issued by CIC, so if indeed you have in the past 2 years “received Work Visas approved by the HRDC in order to work in Canada as an instructor� at “resorts all over BC and AB�, you should indicate this in your application and include notarized copies of your work permits, CIC Client ID # (even though CIC will have a record of the latter) and reference letters from your employers stating your length and conditions of employment, duties, remuneration etc.

The fact that you got the work permits doesn’t mean that there is a shortage of qualified Canadians to work, my guess is that you started initially on a working holiday visa (which really has nothing to do with job prospects in any particular occupation) and later progressed to the work permits. Nevertheless, this will only go to prove to CIC that your ability to find work in such an occupation with “Limited� job prospects over such lengthy periods is a testimony to either your skills, level of training etc , which will enable you settle and establish yourself much easier in Canada without any recourse to government funds. In simple language, it will add to a likely positive discretion.

As for the Marketing Coordinator position, if the NOC is available, do a labour market information search on the site I gave earlier and determine the prospects, if they are either good or fair, I would suggest you wait a little while till you would have accumulated one year of experience in the position before applying to not only add to your points but to safeguard that your application will not be refused, even if the instructor position does not put you in good stead. Discretional approval is exactly what it states it is and the final decision lies strictly with the officer handling your file. Good luck.