Canadian Experience Class
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Canadian Experience Class
The program under which the work permit was obtained has no impact on the qualification under the CEC, these permits may have been obtained through:
Free trade agreements
As a result of a positive LMIA (Labour Market Impact Assessment)
Under the postgraduate work permit program
As a dependent of an international student or a skilled worker
Under the International Experience program (Working Holiday)
But what does have a direct impact on the CEC and that can disqualify the person from obtaining permanent residence are the conditions of each type of permit and even more so the work that he performs.
Those who arrived in Canada with a work permit obtained under an LMIA, have to demonstrate at the time of application for residency that they worked with the employer who brought them, that they paid the salary reported in the LMIA, that they worked the number of hours stipulated in the LMIA, who performed the functions stated in the LMIA and who worked at the site specified in the LMIA.
In other words, if the LMIA said that the person came to develop software, in Toronto, with a salary of $ 35.10 an hour and working 40 hours per week, this has to be shown documentation – T4, employment reference letter, and in some cases, lease of the site where the company operates and emails or work orders to prove the functions performed.
The names of the positions do not define the NOC, it is the functions that count. For example, those who work as Sales Executives in a Hotel, as physiotherapist assistants, as dental assistants, or as Mechanical Test Technicians in an automobile assembly, among others, do not meet the NOC requirement, since these positions are considered code C.
There are not a few people who, when initiating the application for permanent residence, have realized that they do not qualify because their employers did not pay them the salary with which they promised, or that despite the title of the position, their position is considered unqualified or that the employer who brought them did so for the Toronto office but ended up moving them to Alberta.
CEC is one of the simplest programs
There are many others who, due to their knowledge or ease in the field in which they work and having an open work permit, preferred to open their own company and work independently.
There are also those who, having come to Canada to work in unskilled jobs, cannot apply for permanent residence through the CEC and, even meeting the conditions of the Provincial Nomination Programs, cannot apply for residency because the quotas are full.
People tend to trust that they will get the necessary score on the English test and leave it to present at the last minute, or wrapped in the excitement of having landed a job with a title that makes it seem “interesting”, they forget to check the category under the one that is classified by the government.
Or they “negotiate” with the employer a change of conditions salary, hours of work per week, position or location – without taking into account the times both to qualify for the program and to extend permits only to realize, sometimes when it is already too late, that the conditions are not met or that there is no time to meet them.
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If you think that you might be eligible, contact us immediately for more information or feel free to book an appointment for consultation with an immigration professional for more advice.
FAQs
What are the basic eligibility criteria for immigrating to Canada?
Eligibility criteria vary based on the immigration program you choose. Generally, factors like age, education, work experience, and language proficiency are considered.
How can I improve my Express Entry Comprehensive Ranking System (CRS) score?
Enhance your CRS score by improving language proficiency, obtaining higher education, gaining more work experience, and securing a job offer in Canada, among other strategies.
What is the Express Entry system, and how does it work?
Express Entry is a points-based system for managing immigration applications to Canada. It ranks candidates based on factors such as age, education, work experience, and language proficiency.
What is the difference between federal and provincial immigration programs?
Federal programs are managed by the Canadian government, while provincial programs are run by individual provinces. Each has its own criteria and targets specific skillsets or demographics.
How can an immigration consultant assist me in the process?
Immigration consultants can provide expert guidance, help you navigate complex paperwork, ensure accurate documentation, and increase the likelihood of a successful application.
What is the Provincial Nominee Program (PNP), and how does it work?
PNPs allow provinces and territories to nominate individuals for immigration based on their specific economic needs. Each province has its own criteria and streams.
Can I apply for permanent residency if I don't have a job offer in Canada?
Yes, it’s possible. Express Entry and other immigration streams consider various factors, and a job offer is just one of them. However, having a valid job offer can significantly boost your chances.
What language proficiency tests are accepted for immigration purposes?
The most commonly accepted language tests are the IELTS (International English Language Testing System) and CELPIP for English and the TEF (Test d’évaluation de français) for French.
How long does the Canadian immigration process take?
Processing times vary based on the type of application and immigration stream. Generally, it can take several months to years. Express Entry, for example, aims to process applications within six months.
What is the difference between a work permit and permanent residency?
A work permit allows you to work in Canada temporarily, while permanent residency grants you the right to live and work in Canada indefinitely. Permanent residents also have access to social benefits and healthcare.
