[requester]

Record

Archived: June 2, 2025 10:04:57 AM From: Immigration Representatives / Représentants immigration (RCC) Sent: [requester] To: Ce: mmigravon xepresentatives / Représentants immigration (RCC) Subject: [requester] 25 Importance: Normal Sensitivity: None Good day, Thank you for contacting the Immigration Representatives Mailbox Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries. If you have case specific questions about afile, you are encouraged to submit the IRCC Wel form. Please see our response to your question. Question: 1. 1. Work performed during such fellowships in Canada, under valid work permits, would qualify as Canadian work experience under CEC, particularly when remuneration is paid: a. Entirely by foreign sources (Scenario A) b. By private, non-tax-funded Canadian sources (Scenario B). 2. 2. The absence of Canadian tax documents (e.g., T4 slips) impacts the assessment of whether such experience qualifies as "paid work." Answer: A foreign national who holds a work permit under LMIA-exemption code C45 for a one-year post-doctoral medical fellowship is working. Under the International Mobility Program which covers C45, the foreign national is part of the Canadian labour force despite the lack of a Labour Market Impact [requester] fellowship position which is foreign funded , i.e. no Canadian employer is paying them, they do not enter the Canadian labour market, therefore this experience would not constitute Canadian work experience. Additionally, as the foreign worker would need to comply with all requirements of the fellowship and return to their home country as required upon completion of the fellowship, this may raise concerns regarding their intent to become a permanent resident of [requester] is defined in Section 73(2) of the Immigration and Refugee Protection Regulations as follows: Despite the definition work in section 2, for the purposes of this Division, work means an activity for which wages are paid or commission is earned While a fellowship may be considered work for the purposes of their work permit, please note that if they are receiving a stipend or allowance, where the primary purpose is to cover expenses, this would not generally be considered wages (and therefore the work would not count for permanent residence). The candidate could be eligible for points for Canadian work experience if the candidate meets the requirements under section 15 of the Ministerial Instructions respecting the Express Entry system, Section 15(7)(a) of the same Ministerial Instructions would preclude any time during which the candidate was engaged in full time studies. Please be advised that the assessment of an application is based on a case-by-case basis; each application will be considered on its own merits, with a final decision based on a review of all the information available to the officer at the time of decision. The onus is always on the applicant to provide sufficient documentation to satisfy an officer that they meet the requirements. oo2t6e