General

On September 5, 2008, the Minister of Citizenship and Immigration Canada ("CIC") announced that certain temporary foreign workers and students could start applying for permanent residence under the Canadian Experience Class ("CEC"), commencing on September 17, 2008. The CEC is a route to permanent residence 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.

Eligibility

In order to qualify under the CEC, applicants must meet the following minimum requirements:

1. They must plan to live outside the province of Quebec;
2. They must be either:
1. A temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada; or
2. 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. They must have gained experience in Canada with the proper work or study authorization; and
4. They must apply under the CEC while working in Canada or within one year of leaving their job in Canada.

According to the Canadian National Occupational Classification ("NOC"), "skilled work experience" means:

1. Skill Type 0 (managerial occupations); or
2. Skill Level A (professional occupations); or
3. Skill Level B (technical occupations and skilled trades).

If a foreign national applies under the CEC as a temporary foreign worker, he or she will be assessed on the following two requirements:

1. Work experience; and
2. His or her English or French ability.

If a foreign national applies under the CEC as a graduate of a Canadian post-secondary educational institution, he or she will be assessed on education in addition to the above requirements.

Requirements Specific to Temporary Workers

A temporary foreign worker must have two years of full-time (or equivalent) work experience in Canada. Full-time work experience means working at least 37.5 paid hours per week.

The work experience must have been in Skill Type 0, Skill Level A, or Skill Level B, as determined by the NOC. It must also have been gained within the three years prior to the filing of the CEC application.

Applicants may not satisfy the minimum work experience requirement if they gained the work experience without the proper status (for example, as an undocumented worker).

Requirements Specific to Graduates

Work Experience

As a graduate of a Canadian post-secondary educational institution, an applicant must have one year of full-time (or equivalent) work experience in Canada after graduation. Full-time work experience means working at least 37.5 paid hours per week.

Graduates of Canadian post-secondary educational institutions may gain work experience in Canada by applying for the Post-Graduate work permit after completing their studies. However, in order to be eligible for permanent residence under the CEC, at least one year of work experience under the work permit must be in Skill Type 0, or Skill Level A or B under the NOC. This work experience must be gained during the two years prior to the filing of the CEC application.

Work experience gained during studies does not count toward meeting the requirements for work experience. Only work experience gained after graduation can be counted.

Education

Education is only assessed if the foreign national is applying as a graduate of a Canadian post-secondary educational institution. The applicant must complete either:

1. A full-time (it must have been considered "full-time" by the school) Canadian post-secondary educational program of at least two years (at least 16 months, or four semesters, within the 24 months before completing a full-time post-secondary program of study in Canada); or
2. A one-year Master’s program (certificates and diplomas cannot be counted) and an additional year of education, obtained in Canada, before admission into the one-year program (for a total of two years).

The educational programs must be delivered by:

1. A private or public post-secondary educational institution such as a college or a university that is provincially recognized; or
2. A private Collège d'enseignement général et professionnel ("CEGEP"), which is a post-secondary education institution exclusive to the Province of Quebec.

Applicants must have held proper status during any period of full-time study or training, or their education will not be counted. In addition, English- or French-as-a-second-language courses do not count toward education requirements under the CEC.

Language Requirements Applicable to All CEC Applicants

All CEC applicants must establish their English or French ability in order to qualify for permanent residence under the CEC. The minimum level of language ability varies depending upon the job. If most of the relevant work experience is classified as Skill Type 0 or Skill Level A under the NOC, the applicant must establish that he or she meets the requirements of Level 7 on the Canadian Language Benchmarks. If most of the relevant work experience is classified at Skill Level B under the NOC, the applicant must show that he meets the requirements of Level 5 on the Canadian Language Benchmarks.

An CEC applicant who is familiar with both English and French should choose the language in which they have the strongest abilities. A CEC applicant must only prove abilities in his or her first official language. Language ability may be established by either:

1. Taking a test from a designated testing agency; or
2. Providing written proof of language ability.

If the CEC applicant's first language is neither French nor English, it is strongly recommended that they take a language test from an approved organization before starting the application process. The approved English language testing organization is the International English Language Testing System ("IELTS"). The approved French language testing organization is Test d’évaluation de français ("TEF").

If the CEC applicant chooses not to take a language test from a designated agency, he or she must prove the ability to speak, listen, read and write English or French through written evidence. A CEC applicant seeking to establish language ability through written evidence must:

1. Clearly indicate which Canadian Language Benchmark he or she is seeking according to the occupational skill level in each category (speaking, listening, reading and writing); and
2. Submit, with the immigration application, a written explanation and supporting documents as proof that he or she meets the minimum language requirement.

The material must include: (a) a written submission explaining your background or education in English or French; (b) an explanation of how the applicant commonly uses English or French; (c) official documentation of education in English or French; and (d) official documentation of work experience in English or French.