Immigration Lawyer Toronto & #1 Canadian Immigration Lawyer Ronen Kurzfeld
The Canadian Experience Class is a favourable option for individuals moving toward Canadian permanent status who have work experience in Canada on a temporary work permit. The government of Canada recognize the number of skilled talent that we have in Canada already, so it assigns a specific allotment of places to skilled workers with Canadian work experience under its annual immigration plan.
Applicants must have the following in order to apply for the Canadian Experience Class:
- At least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before applying;
- Gained their experience have gained your experience in Canada with the proper authorization;
- Meet the required language levels needed for their jobs for each language ability (speaking, reading, writing and listening); and
- Plan to live outside the province of Quebec
Typically, candidates eligible for the Canadian Experience Class worked in Canada in one of the following ways:
- on an open work permit as the spouse of a partner who was working in Canada;
- on a post-graduate work permit, after completing full-time studies in Canada at a designated institution;
- receiving a positive Labour Market Impact Assessment;
- in a Labour Market Impact Assessment (LMIA) exempt category; or
- on an open work permit under an international exchange programs
The process of changing from temporary to permanent resident appears simple to candidates. The reality is that there are a growing number of rejections/refusals that are handed to minor conflicts in their applications.
There are two main reasons why applications get rejected under the Canadian Experience Class:
NOC Code Conflicts
When candidates apply for residency under the Canadian Experience Class, they are required to present Citizenship and Immigration Canada (CIC) with a National Occupational Classification (NOC) code for every skilled occupation that they have held in their careers. The NOC code provides a list of typical duties for someone working in that given position.
What occasionally happens is that a candidate who moved to Canada and has been issued a positive LMIA with a certain NOC code (i.e. NOC 2173 — Software engineer and designer) ended up working in a position that reflected the duties of another NOC code (i.e. for example NOC 2174 — Computer programmer and interactive media developer). This conflict can result in a rejection.
Documents Don’t Match Exactly
Candidates must submit a number of supporting documents when they complete their applications under the Canadian Experience Class. These documents relate to their work experience such as work reference letters, taxation documents, resumes, and positive LMIAs.
Some candidates have experienced their applications being refused because these documents don’t match precisely and thoroughly. CIC has rejected applications simply because a candidate’s work-related documents do not match up with each other. For example, the job description that is mentioned in a reference letter does not match with the one that is set by CIC on the given NOC code that was issued to the individual.
Want to avoid these mistakes from happening? Contact the Immigration Law Office of Ronen Kurzfeld to give you or your loved one the best chance.