“Work in excess is not permitted.”
“Foreign experience while residing in Canada? Maybe, but it’s complicated.”
These questions stirred debate after IRCC’s interpretation of Section 73(1) of the IRPR was shared by immigration lawyer Steven Meurrens.
Let’s unpack this nuance and clarify what this means for applicants under Express Entry.
Summary in a Nutshell:
- IRCC doesn’t automatically reject foreign work done while in Canada, if it meets verification standards.
- Applicants cannot double-count work. ONE FULL-TIME job per period is what counts.
- Concurrent Canadian and foreign jobs do not mean multiple years of experience in a single calendar year.
- Genuineness and documentation are crucial, fake or inflated roles risk misrepresentation (obviously).
- Officers assess these claims critically. Planning matters more than point-maxing tricks.
The Core of the Issue: What Counts as Full-Time?
Per IRPR Section 73(1), full-time work is defined as at least 30 hours per week.
That’s the benchmark. Whether for Canadian or foreign experience, you cannot stack multiple jobs to multiply your time. One calendar year = one year of experience, not two.
IRCC’s Position
- No rule prevents someone from working in both Canada and abroad simultaneously.
- The burden is on the applicant to prove each job is genuine and distinct.
- However, Ministerial Instructions 23 & 24 prevent counting work in excess. Overlapping full-time jobs won’t double your experience.
❌ Incorrect Approach:
- Working 30 hrs/week in Canada and 30 hrs/week remotely for a foreign employer during the same time period.
- Claiming two years of experience over one calendar year.
This will not be accepted. Officers won’t award double credit for overlapping work, even if both are full-time.
✅ Correct Approach:
- Work full-time for a foreign employer after returning to your home country — no overlap with Canadian job.
- Or, if in Canada, ensure you’re only working remotely for a foreign employer — not simultaneously with Canadian work.
Stick to one verifiable full-time job per time period. Anything more will not count extra.
Special Cases: Students, Visitors, and Remote Work
- If you’re on a study permit, Canadian work doesn’t count toward PR. But (remote) foreign work while studying might, if it’s genuine and doesn’t conflict with your status.
- If you’re on a visitor record, working remotely for a foreign employer may be permissible, as long as:
- You’re not being paid in Canada.
- The work doesn’t violate your visa terms.
- It’s well-documented, verifiable, and traceable to a real employer.
If You Already Have Canadian Work Experience…
Don’t try to stack foreign experience on top of it for the same months. You’ll have to choose one source per time frame.
Don’t Be Misled By Loopholes
We’ve seen cases where people were advised to:
- Ask friends/family to run a fake foreign payroll
- Create shell jobs to show foreign work during Canadian employment
Don’t do it. IRCC is vigilant, and misrepresentation can cost you five years of your future in Canada.
Need Help Assessing Your Profile?
At SAAB Immigration, we understand the nuance of work experience, and we help our clients build honest, defensible profiles that stand up to scrutiny.
Book a Consultation or call +1 (877) 683‑7222.
Special thanks to Steven Meurrens for posting the original clarification that sparked this valuable discussion.
