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Canadian Work Experience While on a Refugee Claimant Work Permit: What You Need to Know

  • 2 hours ago
  • 3 min read
Refugee Claimant Work Permit

At Gateway to Canada, we are often asked whether Canadian work experience gained while holding a refugee claimant work permit can be used for Express Entry.


The issue is technical, but the answer depends entirely on timing.


If you gained Canadian work experience while you were a refugee claimant, that experience does not qualify under the Canadian Experience Class. However, if you gained qualifying Canadian work experience before becoming a refugee claimant, the analysis changes significantly.


Understanding why requires a careful look at how immigration law defines status.


The Legal Distinction: Temporary Resident Status Matters


Under the rules set by Immigration, Refugees and Citizenship Canada, eligibility for the Canadian Experience Class requires that the applicant:


  • Held temporary resident status, and

  • Had proper authorization to work,

  • At the time the Canadian work experience was obtained.


A refugee claimant may receive a valid open work permit while waiting for a decision.


However, once a refugee claim is made, the individual no longer holds temporary resident status under Canadian immigration law.


This distinction is critical.


Temporary residents include workers, students, and visitors. Refugee claimants are persons seeking protection. Even though they may lawfully work in Canada, they are not temporary residents during that period.


When Canadian Experience Counts


If you:


  • Entered Canada as a worker, student, or visitor

  • Held valid temporary resident status

  • Had proper work authorization

  • Gained skilled Canadian work experience during that period


That experience can still count under the Canadian Experience Class, even if you later filed a refugee claim.


Eligibility is assessed based on your legal status at the time the work was performed — not your current status.


This nuance is often misunderstood and can make a significant difference in long-term immigration strategy.


When It Does Not Count


If you:


  • Claimed refugee protection upon arrival or after losing status, and

  • Worked only under a refugee claimant work permit


Then that Canadian work experience cannot be counted toward Canadian Experience Class eligibility.


The reason is not about whether the work was real or legal. It is about status. Refugee claimants do not hold temporary resident status during the refugee process.


Express Entry May Still Be Available


Even if Canadian Experience Class is unavailable because the work was gained during the refugee claim period, Express Entry may not be completely closed.


Eligibility may still exist under:


  • Federal Skilled Worker Program

  • Federal Skilled Trades Program


These programs rely primarily on foreign skilled work experience, education, and language results rather than Canadian experience obtained under temporary resident status.


Every case must be assessed based on the individual’s full immigration timeline.


A Critical Reminder: Refugee Protection Is Not a Stop-Gap


It is important to address a misconception directly.


A refugee claim is not a strategic bridge to remain in Canada while building eligibility for economic immigration. It is not a temporary placeholder. It is not a workaround.

A refugee claim is a serious legal process assessed by the Immigration and Refugee Board of Canada. It is intended for individuals who have a genuine and well-founded fear of persecution in their home country.


Using the refugee system as a stop-gap strategy can lead to:


  • Credibility concerns

  • Refusal of the protection claim

  • Findings of misrepresentation

  • Long-term immigration consequences


Protection claims must always be pursued in good faith and supported by legitimate grounds.


Strategic Planning Is Essential


If you are navigating both a refugee claim and potential Express Entry eligibility, the key questions are:


  • When was your Canadian work experience obtained?

  • What was your legal status at that time?

  • Which Express Entry program, if any, fits your profile?

  • How will one process affect the other?


Immigration law turns on details. Small distinctions in timing can determine eligibility years later.


At Gateway to Canada, we believe in careful, ethical, and strategic immigration planning.


If your situation involves both refugee protection and economic immigration pathways, our team can help you assess your options clearly and responsibly.

DISCLAIMER

The information provided on our website is for general informational purposes only. While we strive to keep the information accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. The visitors of this website should not consider this information to be an inducement to a Consultant-Client relationship. Information provided here should not be taken as a legal advise. Any reliance you place on such information is therefore strictly at your own risk. If you have an immigration related legal matter, it is best to retain an IRCC Authorized Representative.

 

Information about Canadian Visa application is available at Immigration, Refugee and Citizenship Canada website (http://cic.gc.ca).  Only some people can charge you a fee or receive any other type of payment. These people are called “authorized” representatives. They are:

​​

  • lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society

  • notaries who are members in good standing of the Chambre des notaires du Québec and

  • citizenship or immigration consultants who are members in good standing of the College of Immigration and Citizenship Consultants

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