Learning moments – Canadian work experience completed during full-time studies and whether it is eligible under the CEC or eligible for points under Express Entry
November 25, 2020
Hello fellow practitioners. Today’s column deals with Canadian work experience completed during full-time studies and whether it is eligible under the Canadian Experience Class or eligible for points under Express Entry.
Reader’s question
I have a client who is currently in Canada completing her PhD (Doctoral) studies. She is currently working full-time as a research associate and paid a stipend for this work. My question is: can this work experience be considered as Canadian work experience for Express Entry under the Canadian Experience Class?
Answer
Assuming that our reader’s client is enrolled in full-time studies as part of her PhD, she will not be able to count her work experience as part of a Canadian Experience Class application. Moreover, this experience will not be eligible for Canadian work experience points under Express Entry’s Comprehensive Ranking System (CRS).
Subsection 87.1(3) of the Immigration and Refugee Protection Regulations provides the following limitations with regards to eligible work experience under the Canadian Experience Class:
Application
(3) For the purposes of subsection (2),
(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;
(b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and
(c) the foreign national must have had temporary resident status during their period of work experience.
Section 15 of the Ministerial Instructions respecting the Express Entry system states an identical restriction with respect to assessing an Express Entry candidate’s “Canadian Work Experience”:[1]
Work experience — requirements
(7) For the purposes of this section,
(a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
(b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
(c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
(d) the full-time equivalent for part-time work experience is 30 hours of work per week.
The same restrictions apply to a spouse’s Canadian work experience (section 19(8)), as well as to the transferability points assigned for Canadian work experience (section 24(3)).
For some time, IRCC has taken the position that Designated Learning Institutions (DLIs) have discretion to determine what constitutes full-time study.[2] Enrollment in PhD (Doctoral) studies is, in our experience, normally considered a full-time engagement.
It is important to note that the restrictions discussed above do not apply to the qualifying work experience under the Federal Skilled Worker Program (FSWP) or the Federal Skilled Trades (FST) Program.
As a result, an individual’s Canadian work experience while enrolled as a full-time PhD student may count towards the eligibility requirements of the FSWP or FST. This experience, however, will not be awarded any points for Canadian work experience or foreign work experience under Express Entry.
On the other hand, foreign work experience pursued during full-time studies is eligible for transferability points under Express Entry’s CRS.
All of the restrictions stipulated above (no work during full-time studies, no self-employment, no unauthorized work, and retention of temporary resident status) are not found in the section of the Ministerial Instructions that deals with foreign work experience (section 25).
[1] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html
[2] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/other-considerations.html
