Ministerial instructions OB089 Vs R80(3) of IRPR

[mustu521]

Hi all

While going through the CIC website's Operational Bulletins I came across OB89 - December 2, 2008 http://www.cic.gc.ca/english/resources/manuals/bulletins/2008/ob089.asp in which section VI states the following,

Federal Skilled Workers are eligible for processing under at least one of three categories:

i.Occupations on the NOC list
To be eligible for processing, Federal Skilled Worker applications must have work experience under the NOC codes. Work experience is defined as one year of continuous full-time (or equivalent) paid work experience in the last 10 years. To determine whether the applicant has the requisite work experience, the main duties listed in the application form will be assessed to ensure that the applicant has performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC, and that they have performed a substantial number of the main duties of the occupation, as set out in the occupational descriptions of the NOC. The educational background of the applicant may also be a factor.

From what I understand this implies that the work experience listed in your application under a certain NOC code should also match your educational qualifications as per the Employment Requirements of that NOC code. For e.g. 0213 NOC states that you need a bachelors degree for employment as per the NOC. However it is still possible that one may have performed the duties listed in 0213 without having a bachelors degree by gaining many years of work experience in other IT classifications (10-12 years)

HOWEVER R80(3) states the following,

A skilled worker is considered to have experience
in an occupation, regardless of
whether they meet the occupation's employment
requirements of the occupation
as set out in the occupational descriptions
of the National Occupational Classification,
if they performed
(a) the actions described in the lead
statement for the occupation as set out in
the National Occupational Classification;
and
(b) at least a substantial number of the
main duties of the occupation as set out
in the occupational descriptions of the National Occupational Classification,
including all the essential duties.

Both these statements seem to conflict as per my understanding. Can anyone shed some more light on this or correct me if i'm wrong please.

I am planning on submitting my application with NOC 0213. I have more than 13 years experience in IT and the last 4 years in a managerial position (0213). However I do not have a bachelors degree at this time. My points total to 70.

Thanks.

 

[rocky272727]

Hi all

While going through the CIC website's Operational Bulletins I came across OB89 - December 2, 2008 http://www.cic.gc.ca/english/resources/manuals/bulletins/2008/ob089.asp in which section VI states the following,

Federal Skilled Workers are eligible for processing under at least one of three categories:

i.Occupations on the NOC list
To be eligible for processing, Federal Skilled Worker applications must have work experience under the NOC codes. Work experience is defined as one year of continuous full-time (or equivalent) paid work experience in the last 10 years. To determine whether the applicant has the requisite work experience, the main duties listed in the application form will be assessed to ensure that the applicant has performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC, and that they have performed a substantial number of the main duties of the occupation, as set out in the occupational descriptions of the NOC. The educational background of the applicant may also be a factor.

From what I understand this implies that the work experience listed in your application under a certain NOC code should also match your educational qualifications as per the Employment Requirements of that NOC code. For e.g. 0213 NOC states that you need a bachelors degree for employment as per the NOC. However it is still possible that one may have performed the duties listed in 0213 without having a bachelors degree by gaining many years of work experience in other IT classifications (10-12 years)

HOWEVER R80(3) states the following,

A skilled worker is considered to have experience
in an occupation, regardless of
whether they meet the occupation's employment
requirements of the occupation
as set out in the occupational descriptions
of the National Occupational Classification,
if they performed
(a) the actions described in the lead
statement for the occupation as set out in
the National Occupational Classification;
and
(b) at least a substantial number of the
main duties of the occupation as set out
in the occupational descriptions of the National Occupational Classification,
including all the essential duties.

Both these statements seem to conflict as per my understanding. Can anyone shed some more light on this or correct me if i'm wrong please.

I am planning on submitting my application with NOC 0213. I have more than 13 years experience in IT and the last 4 years in a managerial position (0213). However I do not have a bachelors degree at this time. My points total to 70.

Thanks.

The file will be assessed as per R80(3). Consult a lawyer or consultant if you have any doubts.

 

[mustu521]

Thanks rocky272727

Anymore suggestions anyone ?.