Completed Access to Information Requests
Amended Section 87.1.3 of the Immigration and Refugee Protection Regulations states, “(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”. Furthermore, information available on IRCC’s website states, “Self-employment and work experience gained while you were a full-time student (even if you were on a co-op work term) doesn’t count toward the minimum requirements for this program.” (link: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/canadian-experience-class.html) However, information available from your Help Centre states, “Student work experience doesn’t count towards the minimum requirements for the Canadian Experience Class or Federal Skilled Trades Program.” (link: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=394&top=29) My concern is as follows: Section 87.1.3 clearly states that work experience gained while engaged in FULL-TIME study doesn't count towards the Canadian Experience Class. But according to the information available from your Help Centre, student work experience (with no distinction between FULL TIME, PART TIME AND SCHOOL BREAKS) doesn't count towards this immigration program. Yet the section of the legislation (87.1.3) states only that student work experience isn't counted only if the person is engaged in full-time study. Therefore, it is clear that IRCC considers someone with a study permit as a full-time student at all times during the year, regardless of whether they are part-time or on summer vacation. As a result, I would like access to records outlining this rule at IRCC (administrative procedures, directives, legislation) because it creates confusion with the Immigration and Refugee Protection Regulations. Also, the Express Entry application form states, “Studying full-time while doing this job? A person must be in class at least 15 hours per week during the academic year to be considered full-time. This includes any period of training in the workplace that is part of the study program.” But I am enrolled for fewer than 12 hours because I am doing my master’s, and my educational institution considers me to be full-time. Yet according to this IRCC question, I am not full-time. I would like access to your directives, procedures, operational policies and legislation, as applicable, governing full-time status within the context of an Express Entry application. The sole purpose of this access to information request is to guide me towards the right immigration process. I want only the French version of bilingual records.