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Permanent residence application help -education/trade

Permanent residence application help -education/trade

Old Apr 23rd 2010, 11:29 pm
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Default Permanent residence application help -education/trade

I am currently in the process of applying for PR to Canada.

I am a qualified electrician via a 4 year apprenticeship. Is this classed as equivalent full time studies on the application form/self assesment test?

I left school at 16, by my calculation that equates 7 years of primary education, 4 years of secondary and 4 years of apprenticeship.

Does that mean I mark down 15 years of formal education and trade certificate on the Education section of the PR form?

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Old Apr 24th 2010, 12:55 am
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Default Re: Permanent residence application help -education/trade

Hi
You would count the years as additional full years in education and then you would be Apprenticeship/ Trade certificate Level.

We took CHC to federal Court over Education last year. Here is the finding of the court, it may help you...and it is official. If you want to read the whole case...let me know and I will send you the link in a PM

The Applicant argues that the ordinary meaning of a statute should be applied unless there is some reason to look elsewhere for the meaning of the legislation. Section 78 of the IRPA Regulations should be read in its ordinary and grammatical sense. The words “20 points for a two-year post-secondary educational credential … and a total of at least 14 years of completed full-time or full-time equivalent studies” should lead to the understanding that it is only necessary to consider the highest level of education attained and the total number of years of full time studies accumulated.

[23] The issues with respect to educational and adaptability assessment both turn on interpretation of s. 78 of the IRPA Regulations. I find the Immigration Officer’s interpretation of subsection 78(2) to be reasonable as far as it goes. It is an interpretation that falls within the range of possible acceptable outcomes which is defensible. (Dunsmuir, para. 78) However, this is not the end of the necessary analysis.

[24] Section 73 of the Regulations defines ‘educational credential “ as:

“educational credential” means any diploma, degree or trade or apprenticeship credential on the completion of a program of study or training at an education or training institution recognized by the authorities responsible for registering, accrediting, supervising, and regulating such institutions in the country of issue.

[25] In Tiwana v. Canada (Minister of Citizenship and Immigration) 2008 FC 100, Justice Hughes stated:

The definition of “education credential” in the IRPA Regulations makes it clear that an award of points in that regard, pursuant to subparagraph 78(2)(d)(ii), requires completion of a programme and the grant of a diploma or degree.

[26] No issue arises with the Applicant’s attainment of a two year educational credential. The November 24, 2005 letter from the British Transport Police confirms that the Applicant successfully completed a two year national police standard training and probationary program. His two years of police training was accepted as such by the Immigration Officer.

[27] In my view, section 78(4) addresses the Applicant’s special circumstances. That subsection provides:

(4) For the purposes of subsection (2), if a skilled worker has an educational credential referred to in paragraph (2)(b), subparagraph (2)(c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii) or paragraph (2)(f), but not the total number of years of full-time or full-time equivalent studies required by that paragraph or subparagraph, the skilled worker shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph or subparagraph.

Hope this helps
lol
Stef







Originally Posted by OilBeDamned
I am currently in the process of applying for PR to Canada.

I am a qualified electrician via a 4 year apprenticeship. Is this classed as equivalent full time studies on the application form/self assesment test?

I left school at 16, by my calculation that equates 7 years of primary education, 4 years of secondary and 4 years of apprenticeship.

Does that mean I mark down 15 years of formal education and trade certificate on the Education section of the PR form?

Confused.com
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Old Apr 24th 2010, 1:25 am
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Default Re: Permanent residence application help -education/trade

So would my apprenticeship be included as part of those 15 years?

Essentially do I put down on the form:

15 years of formal education and tick Trade/Apprenticeship box

or

11 Years formal Education and tick Trades/Apprenticeship box

Cheers
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Old Apr 24th 2010, 1:33 am
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Default Re: Permanent residence application help -education/trade

I would say the first option. if you read the decision....it does say that years are taken as read where there is any doubt over years in education where a higher level has been attained. Meaning that you could not have done what you have done if you did not have the educational background in the first place.
Hope this helps
lol
Stef

Originally Posted by OilBeDamned
So would my apprenticeship be included as part of those 15 years?

Essentially do I put down on the form:

15 years of formal education and tick Trade/Apprenticeship box

or

11 Years formal Education and tick Trades/Apprenticeship box

Cheers
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Old Apr 24th 2010, 9:15 am
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Default Re: Permanent residence application help -education/trade

Originally Posted by OilBeDamned
So would my apprenticeship be included as part of those 15 years?

Essentially do I put down on the form:

15 years of formal education and tick Trade/Apprenticeship box

or

11 Years formal Education and tick Trades/Apprenticeship box

Cheers

Hi
I used my trade apprenticeship when I applied for PR and it helped boost my education points.
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