TABLE OF CONTENTS THE CANADIAN EXPERIENCE CLASS

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THE CANADIAN EXPERIENCE CLASS DELIVERING AS PROMISED. This paper was originally prepared for the National Citizenship and Immigration Law CLE Conference April 16 18. On September 5 2008 CIC published a News Release entitled Canadian Experience Class now. open for business The News Release announced that acceptance of applications under the CEC. would start on September 17 2008 It provided in part. With the Canadian Experience Class fully in place Canada will be more competitive in. attracting and retaining individuals with the skills we need said Minister Finley It along. with other recent improvements to modernize the immigration system will go a long way. in bringing Canada in line with its global competitors while further spreading the benefits. of immigration into smaller centres across Canada, The Canadian Experience Class is a new avenue of immigration for certain temporary. foreign workers and foreign student graduates with professional managerial and skilled. work experience Unlike other programs the Canadian Experience Class allows an. applicant s experience in Canada to be considered a key selection factor when. immigrating to Canada, This paper explores how the CEC came to be provides an overview of the legal framework of. the new class discusses the practicalities of preparing and submitting a CEC application and. includes a chart that compares the CEC to other Economic Classes and suggests when one. category should be considered over the others 1 The intention is to provide a comprehensive. source to refer to when preparing CEC applications ranging from the straightforward to those. containing unusual facts, The Regulatory Impact Analysis Statement RIAS concerning the CEC was published in the. Canada Gazette on August 9 2008 in relation to the Regulations Amending the Immigration and. Refugee Protection Regulations Canadian Experience Class 2. The RIAS provides insight regarding the objectives and intended benefits of the CEC including. B uilding a more responsive and attractive immigration system by supporting labour. force growth and bringing in the skilled workers needed by employers and communities. The CEC aims to facilitate the transition from temporary to permanent residence for. certain temporary foreign workers and foreign students thus helping to attract and retain. qualified workers The CEC has two streams a the Temporary Foreign Worker. Stream and b the Post Graduation Stream,see Appendix A. Vol 142 No 32 August 9 2008, Several positive qualitative and quantitative impacts are expected particularly in terms.
of improved business competitiveness reduced immigrant integration and settlement. costs and streamlined case processing and client service. The RIAS explains that the Federal Skilled Worker FSW Class is the main avenue for. economic immigrants to Canada but this avenue has shortcomings For example it is hampered. by long processing times due to backlogs and successful non temporary foreign worker. applicants immigrate mainly to the three major metropolitan areas not to outside communities. that need skilled immigrants, At the same time the Temporary Foreign Worker Program is increasing in popularity by. employers including those outside the three major metropolitan areas and temporary foreign. workers are staying in Canada longer The CEC capitalizes on these trends by facilitating foreign. workers attaining permanent resident status Evidence shows that immigrants with Canadian. study and or work experience and who have good language skills integrate into the Canadian. labour market more successfully than immigrants without such characteristics It is on this basis. that R87 1 1 prescribes the CEC as a class of persons who may become permanent residents on. the basis of their experience in Canada CEC applicants are expected to require fewer. settlement services Foreign credential recognition and re training will be less of issues since. applicants will have Canadian credentials Note that pursuant to R87 1 1 prospective. applicants intending to reside in Quebec can not resort to the CEC. The CIC website3 summarizes the requirements of the CEC nicely. 1 plan to live outside the province of Quebec,2 be either. a a temporary foreign worker with at least two years of full time or equivalent skilled work. experience in Canada or, b a foreign graduate from a Canadian post secondary institution with at least one year of full time. or equivalent skilled work experience in Canada, 3 have gained your experience in Canada with the proper work or study authorization and. 4 apply while working in Canada or within one year of leaving your job in Canada. The CEC selects on a pass fail model and not a points system as under the FSW Class The. selection criteria to qualify for the class is tied to determinants of successful labour market. integration possession of a Canadian credential only in the case of foreign graduates Canadian. skilled work experience and official language proficiency The RIAS justifies language. requirements for graduates by wanting to prevent situations where graduates have inadequate. language skills, The RIAS explains how suggestions made by stakeholders were integrated into the IRPR.
including removing the universal language testing requirement for skilled tradespersons. relaxing the language requirements to attract skilled trades eliminating minimum levels of. education in the Temporary Foreign Worker Stream and providing greater flexibility in. http www cic gc ca english immigrate cec apply who asp. interviews overseas These suggestions were made by the CBA Immigration Law Section. National Executive, The News Release Canadian Experience Class now open for business mentions another. revision that will increase the popularity of the CEC. The final implementation of the Canadian Experience Class reflects what was originally. proposed on August 9 2008 The main difference is that those who have left Canada but. otherwise meet the requirements as workers or graduates will be eligible to apply. provided they do so within one year of leaving their job in Canada Under the proposal. CIC had suggested that applicants would be required to have temporary resident status. and be present in Canada to be eligible to apply The Government of Canada has since. chosen to cast a wider net to avoid missing those with the Canadian experience we want. through residency restrictions, The lower Canadian Language Benchmarks CLB for NOC B is intended to address a key. objective of the CEC that is to facilitate the transition for skilled tradespersons mostly in. NOC B occupations working in demand occupations, R70 2 b adds the Canadian Experience Class to the Economic Class along with the Federal. Skilled Worker Class the Quebec Skilled Worker Class the Provincial Nominee Class the. Investor Class the Entrepreneur Class the Self employed Persons Class and Transitional. The RIAS makes reference to provinces and territories still being able to nominate temporary. foreign workers and international graduates before they would be eligible under the CEC This is. an indirect reference to CIC believing that the CEC will not cannibalize Provincial Nominee. Class applications Some CIC officials believe that in this difficult economic climate the. Provincial Nominee Class will be more affected than the CEC. The RIAS provides that the overall immigration levels are expected to remain the same at least. during the first year CEC applications count toward Economic Class targets Estimates for the. CEC are 30 000 35 000 applications a year with 25 000 approved applications a year. The following are comments from the CIC website4 that potential applicants would read. In the introduction it is said that emphasis added You should have knowledge of. English or French Should have knowledge this is potentially misleading since. language proficiency is one of the prerequisites for the CEC. Applying to stay in Canada permanently in your case is simple You can do this under. the Canadian Experience Class All the guides information and forms you need to apply. are included here These statements suggest that professional assistance is not. necessary so unless the practitioner is the one recommending the CEC to the prospective. http www cic gc ca english immigrate cec index asp. applicant the CEC may not generate much additional work for immigration counsel. especially compared to alternative categories like the Provincial Nominee Class. These statements suggest that professional assistance is not necessary Nonetheless there are a. number of policies that lay applicants will not be aware of or understand that can make the. difference between deciding to apply or not or between the application being approved or. Due to much of R87 15 and the corresponding immigration policies applying to both the. Temporary Foreign Worker and Post Graduation Streams many of the considerations when. preparing a CEC application under either stream are the same This section of the paper. discusses legislation and policies applicable to both Streams then those applicable to each stream. A Practice Points Applicable to Both Streams, The legislation and policies6 that set out the requirements for both Streams are as follows. emphasis added,Member of the class, 87 1 2 A foreign national is a member of the Canadian experience class if.
i have acquired in Canada within the 24 months before the day on which their application for permanent. residence is made at least 12 months of full time work experience or the equivalent in part time work. experience in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill. Level A or B of the National Occupational Classification matrix and have acquired that work experience. after having obtained, A a diploma degree or trade or apprenticeship credential issued on the completion of a program of. full time study or training of at least two years duration at a public provincially recognized post. secondary educational or training institution in Canada. B a diploma or trade or apprenticeship credential issued on the completion of a program of full time. study or training of at least two years duration at a private Quebec post secondary institution that. operates under the same rules and regulations as public Quebec post secondary institutions and that. receives at least 50 per cent of its financing for its overall operations from government grants. subsidies or other assistance, C a degree from a private provincially recognized post secondary educational institution in Canada. issued on the completion of a program of full time study of at least two years duration or. D a graduate degree from a provincially recognized post secondary educational institution in Canada. issued on the completion of a program of full time study of at least one year s duration and within two. years after obtaining a degree or diploma from an institution referred to in clause A or C or. ii have acquired in Canada within the 36 months before the day on which their application for permanent. residence is made at least 24 months of full time work experience or the equivalent in part time work. experience in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill. Level A or B of the National Occupational Classification matrix and. The work experience can be comprised of multiple part time jobs. see Append B for the full clean copy of R87 1,OP 25 Canadian Experience Class. Section 6 1 National Occupation Classification NOC notes that the applicant does not. need to meet the Employment Requirements for the particular NOC to receive credit. for work experience under the given occupation, Regarding providing proof of the work experience if a confirmation of employment letter. is not available CPC Buffalo will consider alternative evidence Section 9 11 Work. experience does not seem to touch on this Examples could conceivably include. situations where the prior employer has gone out of business so the employer can not. provide the letter or the employment ended badly so the employer will not provide the. letter Consider providing the following along with a detailed explanation. 1 if applicable a news release or news article about the employer going out of. 2 the offer of employment letter, 3 a reference letter from the prior supervisor or a statutory declaration from a prior.
4 the formal job description or, 5 proof of remuneration by way of paycheque stubs or bank account records. evidencing deposits, b they have had their proficiency assessed in the English or French language by an organization or institution. designated under subsection 4 or have provided other evidence in writing of their proficiency in either. language and have obtained proficiencies for their abilities to speak listen read and write that correspond to. benchmarks as referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de. comp tence linguistique canadiens 2006 for the French language of. i in the case of a foreign national who has acquired work experience in one or more occupations that are. listed in Skill Type 0 Management Occupations or Skill Level A of the National Occupational Classification. A 7 or higher for each of those abilities or, B 6 for any one of those abilities 7 or higher for any other two of those abilities and 8 or higher for the. remaining ability and, ii in the case of a foreign national who has acquired work experience in one or more occupations that are. THE CANADIAN EXPERIENCE CLASS DELIVERING AS PROMISED This paper was originally prepared for the National Citizenship and Immigration Law CLE Conference April 16 18 2009 On September 5 2008 CIC published a News Release entitled Canadian Experience Class now open for business The News Release announced that acceptance of applications

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