Navigating the complexities of remote work under Express Entry program

The COVID-19 pandemic fundamentally reshaped the way we work, ushering in a remote work revolution that appears here to stay. Beyond more video calls and commute-free workdays, this shift has transformed traditional employment structures, giving rise to trends like “digital nomads” and “work from anywhere” lifestyles.

While these changes offer benefits for workers and employers alike, they have also raised complex interpretive questions from an immigration perspective. This is particularly true for individuals navigating the Express Entry system. For applicants under the Canadian Experience Class (CEC), at least one year of Canadian work experience is required to qualify. Additionally, qualifying work experience — both Canadian and foreign — plays a significant role in earning Comprehensive Ranking System (CRS) points, which determine an applicant’s rank in the Express Entry pool. However, in this new era where work transcends borders, distinguishing “Canadian” from “foreign” work experience has become increasingly complex.

What qualifies as Canadian work experience

For work to qualify as Canadian work experience under the CEC, Immigration, Refugees and Citizenship Canada (IRCC) requires applicants to have been physically present in Canada and actively participating in the Canadian labour market. In other words, the work must be done for a Canadian employer while the applicant is working in Canada. This means that any remote work performed while physically outside Canada — even for a Canadian company — typically does not qualify as Canadian work experience.

While this may appear straightforward, real-life situations often highlight unexpected complexities. For example, imagine an employee of a Canadian tech company who temporarily relocates abroad for three months to care for a family member. Similarly, consider a professional working for a Canadian company who must travel overseas for 10 days each month to manage an ongoing project. In both scenarios, the time spent working outside Canada may not strictly qualify as Canadian work experience under Express Entry, despite remaining employed by the Canadian company.