Context:

Many a times clients with very good academic result, great Language test score at their young age (in their 30s or early 40s) may want to migrate to Canada but they may work as self-employed personnel. Even some of them has sibling / parents / first blood relative living in Canada as permanent resident / citizen. Means, their profile looks stunning by all other means except the skill work experience part. Obviously, the question comes if their self-employed experience towards Canada EE Program.

Other scenarios may be as such where the potential applicant is currently employed (fulltime) but that does not seem to obtain sufficient score in terms of total years of experience. They may have prior experience as a student or part time employee. So, do their student /part time work experience count towards Canada EE Program?

Policy / Rules applicable:

According to IRCC’s instructions (*), Skilled work experience must meet the following requirements:

·       You must work in any of the TEERs of 0/1/2/3 according to National Occupational Classification (NOC) TEER categories.

·       You must show that while working in the primary occupation, you performed the duties set out in the lead statement of the occupational description in the NOC. This includes all the essential duties and most of the main duties listed.

·       Skilled work experience must be in the same type of job (have the same NOC) as the job you want to use for your immigration application (called your primary occupation)

·       You have been obtained the experience within the last 10 years, in Canada or abroad.

·       be paid work (you must have been paid wages or earned commission—volunteer work or unpaid internships don’t count)

·       be at least 1 year of continuous work or 1,560 hours total (30 hours per week). You can meet this in a few different ways: full time at 1 job (30 hours/week) for 12 months or equal amount in part-time work. For example, 15 hours/week for 24 months = 1-year full time (1,560 hours). You can work as many part-time jobs as you need to meet this requirement.

Part-time work experience

·       Your skilled work experience must be paid work including paid wages or earned commission. We don’t count volunteer work or unpaid internships.

·       For part-time work, you can work more or less than 15 hours/week if it adds up to 1,560 hours. You can work more than 1 part-time job to get the hours you need to apply.

·       IRCC doesn’t count any hours you work above 30 hours/week.

Student work experience

Work experience gained while you were studying may count towards your minimum requirements if the work:

·       was paid by wages or commissions.

·       was continuous (no gaps in employment),

·       and meets all the other requirements of the EE Program

Summary:

·       Self Employed experience counts? – NO. Because it must be paid work, you must have been paid wages or earned commission.

·       Part time experience counts? – YES / NO. Yes, if you have been paid wages or earned commission and so long the total number of hours adds up to 1,560 hours. The answer will be NO if the situation is otherwise.

·       Student experience counts? – YES / NO. Yes, if you have been paid wages or earned commission and the job was continuous and you meet all the requirements of EE program. The answer will be NO if the situation is otherwise.

(Disclaimer: This article does not constitute any direct legal advice to anyone whatsoever your situation. You must seek legal advice if you need advice on your personal situation.) 

IRCC’s instructions *