What work experience can you claim for your Canadian Experience Class (CEC) application?
What can you properly count as Canadian Work Experience on your Canadian Experience Class (CEC) application? There are some common scenarios where study permit holders can unknowingly work without authorization or fail to meet the definition of Canadian Work Experience. Unauthorized work cannot be used to calculate Canadian Work Experience for the CEC under Express Entry. The definition of Canadian Work Experience is found in the Ministerial Instructions and is very specific.
Here are a few questions with immigration information that might surprise you. Please note that these answers are not legal advice and you should book a consultation to discuss the specific circumstances in your case.
Can foreign national high school students work part time while holding a study permit?
Generally no - A foreign national is not authorized to work at all if they are attending high school or any program that is not at least 6 months in duration and that leads to a degree, diploma or certificate and that is described in IRPR s.186 (v)[i].
If my Canadian Designated Learning Institution shuts down temporarily or if I take a medical leave of absence from my studies while on a study permit, can I still work part-time?
No – IRCC’s publications manuals clearly state that any leave from studies, including medical leave or if your school is closed, means that you cannot work on campus or off campus. Regulation 186(f) and (v) only allows full-time students to work if they are actively pursuing their studies and are full-time students.
Can I use work experience while I was on leave from studies at a Canadian DLI to claim work experience in Canada?
No – you have an obligation to be truthful when asked the question “have you ever attended school without authorization or worked without authorization” and you cannot claim unauthorized work as Canadian work experience for Canadian Experience Class under Express Entry.
Can I use work experience while I was a full-time student properly attending classes to claim Canadian work experience?
No – even if you were a full-time student and were properly pursuing your studies and your school was open the whole time, you still cannot claim work while you were a student as part of your Canadian work experience for Canadian Experience Class under Express Entry.
Can I continue to work part-time after I complete my final exams and before I apply for PGWP?
Not if you were notified of the completion of your program. If your DLI notified you by an official letter or an email that gives written confirmation that your program of studies is complete or if you received your transcripts (whichever happened first) then you must stop working completely until you submit your PGWP application[5].
Can I start working full-time without a work permit if I completed my program of studies, and I meet all the conditions for working part-time during my study permit, my program was PGWP eligible, and I applied for a post-graduation work permit?
Generally yes - If you get your notification of completion of your studies from your school, stop working entirely, then apply for your post-grad work permit (PGWP) if your program was eligible for PGWP. Be careful to stop working part-time as soon as you are notified by your DLI that you completed your program and until you apply for PGWP. Only once you properly apply for your PGWP can you begin to work full-time and claim that experience as time towards your Canadian work experience for Express Entry.
Can I count self-employment while on a PGWP as Canadian work experience for CEC?
No. You are allowed to engage in self-employment if you have received a valid open post-grad work permit. However, any periods of self-employment do NOT count towards Canadian work experience if you are trying to qualify for the CEC[7].
If I worked multiple part-time NOC A, B, or 0 jobs on my PGWP, can I add up all the hours and claim them as Canadian Work Experience?
Be careful about combining part-time hours. If you simultaneously worked more than one job and the hours added up to 20+20 hours in one week, you can only claim 30 hours for that week.
If I am the principal applicant, can my accompanying spouse claim Canadian Work Experience if my spouse was on an open spousal work permit while I was studying full-time?
Generally no. If you are the principal applicant and are trying to figure out if your spouse can get points for Canadian work experience on your EE profile, there is a mirrored section in the Ministerial Instructions that says your spouse cannot get points for Canadian Work Experience if you were a full-time student or if you were self-employed or unauthorized to work or if you lost status.
Can I get points for NOC C or D Canadian Work Experience for the CEC?
No. Canadian work experience under the CEC only counts if it is classified as NOC skill level A, B, or 0 of the National Occupational Classification matrix. Make sure to look at the first two digits of your NOC and they must be in the three left columns of the matrix. You can find the NOC matrix here: https://noc.esdc.gc.ca/Structure/Matrix
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About the author:
Alicia Backman-Beharry
Canadian Immigration Lawyer