The New Canadian Experience Category - What does it mean?

CEC is a new category that allows immigration without using the point system. In this sense it is like a PNP program. IELTS testing is not required for native speakers of English or French or for those who can prove good language skills. Those who take language tests must meet minimum requirements.

To be eligible the client must be in Canada and so most applications will be made in Buffalo. Buffalo is making final decision on CEC applications very quickly, in less than a year.

The quota is 25,000 per year and it is unlikely that the quota will be filled, so all applicants who qualify should get a visa.

There are two streams, one for people who entered on Work Permits, the other for people who entered on Study Permits and have worked one year on a Work Permit after graduation. The rules are very simple.

Work Permit holders have to prove they have worked here two years out of the last three in a skilled job. Full time is 37.5 hours in a week. The two years can be compiled from one job or many, full time or part time, as long as the total number of hours equals two years. The proof will be in the pay stubs and T4 slips. See below for requirements.

Study Permit holders have to study two years here, get a diploma or some kind of graduation credential from a post secondary institution and then do one year of full time work. To get a Work Permit requires the student to be going to certain specific schools. Not all schools are eligible to support CEC applications. See below for requirements.

Some people won’t need lawyers to get them approved. Others will.

The role of our law firm is two fold:

1. To do proper NOC assessments and to present the client’s case properly. NOC will be the key to success. Work experience for both groups will not count unless it is NOC level O/management, A/professional or B/technical. Graduating students will sometimes have a hard time getting jobs in those NOCs and VML can help them find qualifying jobs or help them make sure the jobs they find are qualified.
2. To do proper language assessment: CIC requires moderate languages levels for O and A and basic language skills for B. Clients and consultants are used to converting IELTS scores to Immigration points (i.e. an IELTS 7 equals 4 points for immigration), but CEC requires a conversion from IELTS scores to Canadian Benchmarks, which is an entirely different process. 28 benchmark points for O and A and 20 for B.

There is a tremendous opportunity for our partners to find clients. These who can benefit from the CEC are:

1. Those who are having trouble qualifying for a normal immigrant visa. This will include almost all worker applicants because Bill C-50 will stop most of them from getting visas even if they have 67 points. Getting Work Permits will not be easy but getting Study Permits will be possible for many people. If such a client can get accepted for a Study Permit, then the CEC category becomes available to them. VML has partners who can get school acceptances from over 35 universities and colleges. All of whose students are entitled to work while they study.
2. Those who are students but who haven’t yet decided to study in Canada, and who would like to know that they can stay in Canada, and get immigrant status without leaving when they graduate.
3. Those who are here already, but who are not going to kind of school that supports an CEC application.

There is also a number of opportunities for getting into the CEC on Work Permits, in situations where the client cannot find an employer to sponsor them. The usual way to get a Work Permit is by being sponsored by an employer, but there are several other kinds of Work Permits that also qualify for CEC, and clients can ask VML if they can qualify for one of those other Work Permits.

Reference:

NEWS RELEASE

1. CEC applications can be filed as of September 17, 2008.
2. They can be filed even if the applicant has left Canada as long as he/she did not quit the job in Canada more than one year ago.

CEC applications should be made at CIC Buffalo even if the applicant is outside Canada or the USA.

CIC News Release: Canadian Experience Class now open for business

Ottawa, September 5, 2008 The Honourable Diane Finley, Minister of Citizenship and Immigration, today announced that certain temporary foreign workers and students can start applying for permanent residence under the Canadian Experience Class starting September 17, 2008.

"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.

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.

Minimum requirements for graduates with Canadian work experience

Graduates of a Canadian post-secondary educational institution with Canadian work experience must meet the following minimum requirements:

• Successful completion of a program of study of at least two academic years*;
• One year of skilled, professional or technical work experience; and
• Language abilities appropriate to occupational skill level.

* Note: an academic year means eight months of study.

Requirements are based on a pass or fail model. That is, if the minimum requirements are met, the applicant is eligible. There is no point system.

Education

The applicant must be a graduate of:

• A Canadian public post-secondary educational institution, such as an accredited college or a university; or
• A Canadian private institution authorized by provincial law to grant degrees.

The applicant must graduate from a program of study lasting at least two years OR in the case of a one-year master’s programs, previous education prior to admission into the one-year program must have been completed in Canada for a total of two years of Canadian post-secondary education.

Work experience

Applicants are required to accumulate at least one year of work experience at Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC).

For graduates to meet the requirement for work experience, they may apply for the Post-Graduation Work Permit after graduation. These work permits may be valid for up to three years with no restrictions on the location or the type of work they can do. To ensure that they are eligible to stay permanently under the Canadian Experience Class, at least one year of work experience under the three-year permit needs to be at Skill Type 0, or Skill Level A or B under the NOC. The work experience needs to be obtained within two years of the application.

Language abilities in English or French

Applicants with managerial or professional experience (Skill Type 0 or Skill Level A) must demonstrate they meet the requirements for Canadian Language Benchmark 7. If the work experience is classified at Skill Level B, applicants must demonstrate they meet the requirements for Canadian Language Benchmark 5.

Who does not qualify

Applicants do not meet the minimum requirements if:

• Their work experience in Canada is not classified as 0, A or B under the NOC list; or
• Their work experience is less than one year; or
• They have not demonstrated the required language skills, depending on their skill level; or
• Their Canadian post-secondary program of study was shorter than two academic years; or
• In the case of a one-year master’s or certificate program, the sum of their Canadian education is less than two years.

Minimum requirements for temporary foreign workers

Temporary foreign workers must meet the following minimum requirements:

• Two years of skilled, professional or technical work experience;
• Language abilities appropriate to occupational skill level.

Requirements are based on a pass/fail model. In other words, if the minimum requirements are met, the applicant is eligible. There is no point system as with the federal Skilled Worker Program.

Work experience

Applicants are required to accumulate, in the three years prior to an application, at least two years of work experience at Skill Type 0 (managerial occupations) or Skill Levels A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC).

Language abilities in English or French

Applicants with managerial or professional experience (Skill Type 0 or Skill Level A) must demonstrate they meet the requirements for Canadian Language Benchmark 7. If the work experience is classified at Skill Level B, applicants must demonstrate they meet the requirements for Canadian Language Benchmark 5.

Who does not qualify

Applicants do not meet the minimum requirements if:

• Their work experience in Canada is not classified as 0, A or B under the NOC list;
• They do not have at least two years of Canadian work experience;
• They have not demonstrated the necessary language skills, depending on skill level.