Last updated on February 7th, 2019
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding the Canadian Experience Class. The Canadian Experience Class allows individuals with one-year skilled work experience in Canada to apply to immigrate. As with any program, questions emerged regarding specific requirements, including whether work in Canada for a foreign employer count towards the one-year requirement.
Please note that what I have reproduced below should not be viewed as legal advice. The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.
Question – May 28, 2013
Dear Sir / Madam,
I was wondering if you might be able to provide some guidance regarding a CEC application. I have a client (foreign worker) who has a valid work permit (initially under C10 and then with supporting LMO) where the employer is a foreign company but does not have any operations in Canada. The foreign employer is hoping to open up an office in ____ but in the meantime, has the foreign worker attending various client business meetings pitching for potential engagements of the foreign company and providing some consulting services. The foreign worker is working full time hours in Canada and holds a functional manager position (NOC 0) and would (in my opinion) otherwise qualify for CEC but it is not clear whether his Canadian work experience over the past year would qualify as he has been working for a foreign company.
I cannot find anything in the guide, operational manual, website or checklist that would exclude him, however, the situation did strike me as unusual and I wanted to confirm this issue before preparing the CEC application.Read more ›
Last updated on April 27th, 2020
Many applicants often ask whether low salaries can result in Canadian Experience Class refusals.
Qin v. Canada
The leading case on the issue of whether low salaries can result in Canadian Experience Class (“CEC“) refusals is Qin v. Canada (Citizenship and Immigration Canada), 2013 FCA 263. There, the Federal Court certified a question regarding whether immigration officers can consider a position’s prevailing wage rate when determining whether an applicant meets the requirements of the CEC.
Neither the Immigration and Refugee Protection Regulations (the “Regulations“) nor the Immigration, Refugees and Citizenship Canada Processing Manuals state that officers should consider salary when assessing whether an applicant has the requisite experience in a skilled position for the CEC. Section 87.1 of the Regulations simply require an officer to evaluate whether a candidate has experience in an eligible occupation. On this point, Madam Justice Gleason wrote that:
In evaluating whether or not an applicant’s experience falls within a permissible [occupation], an officer is required to understand the nature of the work performed and the degree of complexity of the tasks undertaken, to determine whether or not they fall within the duties listed in the relevant [occupation]. The requisite analysis necessitates much more than a rote comparison of the duties listed in the [occupation] with those described in a letter of reference or job description. Rather, what is required is a qualitative assessment of the nature of the work done and comparison of it with the [National Occupational Classification Code (“NOC“)] descriptor. Indeed, there is a line of authority which indicates that, in the context of Federal Skilled Workers (where an officer is similarly required to assess duties performed against the NOC Code descriptors),Read more ›