The Canadian Experience Class: Why Applications Get Refused

The Canadian experience program is a very popular program for those who have a temporary work permit in Canada and has completed one year of full time work experience in Canada.

The basic requirements are as follows. Applicants must have:

• Obtained at least one year of skilled, professional or technical work experience in Canada within 36 months of the application date;
• Meet language Benchmark threshold of 5 or 7 depending on the level of the job; and
• Plan to live and work outside of the Province of Quebec

Candidates who are eligible under the Canadian Experience Class typically worked in Canada in one of the following situation :

• having received a positive labor market opinion; or be exempt
• have an open work permit as the spouse of a partner who was working in Canada
• have an open work permit under an international exchange program
• have a post-graduate work permit, and completed full-time studies in Canada from one of the designated institution.

On the first glance, the process for a candidate wishing to convert from temporary to permanent resident status appears simple. Skilled workers with good English or French ability who have the intention to reside outside Quebec they might think that they are able to apply for permanent residency and receive a positive result . The reality, however, is that there have been many refusals due to minor discrepancies in their applications.

Reason For Refusal:

Eligible applicants must submit a number of supporting documents relating to his or her work experience, such as a resume (CV), work reference letters from previous and current employers, taxation documents, and a positive Labour Market Impact Assessment (if applicable).

Regrettably, some of applications have been refused as a result of these documents not matching thoroughly and precisely.

For example, work reference letters might not give a description of duties with the job description set by CIC and (NOC) codes or the labor market opinion issued for the candidate to work in Canada in the first place. The NOC code gives a list of duties that are deemed typical for somebody working in the given position.

What sometimes happens, however, is that a candidate who originally moved to Canada having been issued with a positive LMIA with a particular NOC code (for example, NOC 2173 — Software engineer and designer) ended up working in a role more in line with similar set of duties, but which more accurately reflects the list of duties of another NOC code (for example NOC 2174 — Computer programmer and interactive media developer). This discrepancy can result in refusal.

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