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Prepared
by Peter Wong, Q.C.
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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The Federal skilled worker
class is the main category used by Canada Immigration to select
immigrants under the economic class. In 2003, more than half of new
immigrants were selected using the skilled worker selection process.
The new selection process was implemented on June 28, 2002 is
constantly being revised.
All applications submitted after June 28, 2002 are assessed under
the new selection criteria. Applications that were submitted prior
to that date are now being assessed under the former selection
criteria and if not eligible for selection as a skilled immigrant
then will be reviewed under the current selection criteria.
Initially when the current selection criteria was introduced on June
28, 2002 a pass mark of 75 points was set. That pass mark was
reduced on September 18, 2003 to 67 points and this reduction
applied to all applications that were being assessed under the
current selection criteria.
In order to received favourable consideration a person must have a
minimum of one year of continuous full-time employment experience
(37.5 hours of work per week), or the equivalent in continuous
part-time employment in one or more occupations that are listed in
the National Occupation Classification Matrix as either skill level
“O”, “A” or “B”. The National Occupation Classification is a system
of job classification developed by the Federal government. Skill
level “O” are generally management occupations. Skill level “A” are
generally professional occupations requiring university or
university equivalent education. Skill level “B” occupations require
substantial non-university diplomas and skilled trade education and
qualifications. Skill level “C” and “D” experience which is not
eligible for immigration is generally those occupations which
require less than 1 year of formal training or post-secondary
education and are not eligible for consideration.
Summary of The Current Selection Process
|
AGE |
Maximum 10 |
21 - 49 years of age at time of application
Lose 2 points for each year of age over 49 years or under 21
years 10 |
10 |
|
EDUCATION |
Maximum 25 |
| University Degrees |
| PhD, or Master's, AND at least 17 years of
full-time or full-time equivalent study |
25 |
| Two or more university educational
credentials at the Bachelor's level AND at least 15 years of
full-time or full-time equivalent study |
22 |
| A two-year university educational
credentials at the Bachelor's level AND at least 14 years of
full-time or full-time equivalent study |
20 |
| A one-year university educational
credentials at the Bachelor's level AND at least 13 years of
full-time or full-time equivalent study |
15 |
| Trade or Non-university
Certificate or Diploma |
| A three-year post-secondary educational
credential AND at least 15 years of full-time or full-time
equivalent study |
22 |
| A two-year post-secondary educational
credential AND at least 14 years of full-time or full-time
equivalent study |
20 |
| A one-year post-secondary educational
credential AND at least 13 years of full-time or full-time
equivalent study |
15 |
| A one-year post-secondary educational
credential AND at least 12 years of full-time or full-time
equivalent study |
12 |
| Secondary School Educational Credential
|
5 |
Note that points are not awarded cumulatively on the basis of
more than one single educational credential. (Regulation 78(3) (a)
IRPA).
If a skilled worker has an educational credential refereed to above,
except for secondary school graduation alone, but not the total
number of years of full time or full time equivalent studies as
required above, that skilled worker will be awarded the same number
of points as the number of years of completed full time or full time
equivalent studies. (Regulation 78(4) IRPA).
|
LANGUAGE |
Maximum 24 |
| 1st Language |
| High proficiency (per ability) |
4 |
| Moderate proficiency (per ability) |
2 |
| Basic proficiency (per ability) |
1 to max. of 2 |
| No proficiency |
0 |
| Possible maximum (all four abilities) |
16 |
|
| 2nd Language |
| High proficiency (per ability) |
2 |
| Moderate proficiency (per ability) |
2 |
| Basic proficiency (per ability) |
1 to max. of 2 |
| No proficiency |
0 |
| Possible maximum (all four abilities) |
8 |
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A maximum of 24 points is available under the skilled worker
selection process. All applicants must specify in their application
for permanent residence whether English or French is their first
official language and which is to be their second official language.
(Regulation 79 IRPA). For the first official language 16 points are
available and 8 points are available for the second official
language.
Skilled workers have the option of either having their
language
proficiency tested by a designated organization or institution or by
providing other evidence in writing of their proficiency in those
languages.
At the present this English language testings is being conducted
worldwide by Cambridge University as the IELTS - International
English Language Testing Service and by CELPIP.
Taking an English or French examination has the advantage of being
conclusive and not subject to further evaluation. (Regulation 79(4)
IRPA).
Language benchmarks and point assessments are in accordance with the
Canadian Language Assessment Benchmarks for English and Standards
linguistics Canadians 2002 for the French language. (Regulation 79
(2) IRPA).
| WORK EXPERIENCE |
Maximum 21 |
| One year |
15 |
| Two years |
17 |
| Three years |
19 |
| Four years |
21 |
Only work experience which is within 10 years preceding the date
of the application is considered. (Regulation 80(1) IRPA). Further
only experience which is categorized under skill type “O” management
occupations or skill level “A” or “B” as designated by the National
Occupational Classification Matrix. (Regulation 80(2) IRPA).
In order for a skilled worker to be considered to have experience in
an occupation they must have performed the actions described in the
lead statement for the occupation as set out in the National
Occupation Classifications and, at least a substantial number of the
main duties of the occupation as set out in the occupational
description of the NOC including all of the essential duties.
(Regulation 80(3) of IRPA).
| VALIDATED ARRANGED
EMPLOYMENT |
Maximum 10 |
| Arranged employment validated by Human Resources Skills
Development Canada (HRSDC) or exempt from HRSDC validation |
10 |
“Arranged employment” is an offer of indeterminate employment in
Canada. (Regulation 82(1) of IRPA). 10 points are available to a
skilled worker on the basis of having arranged employment as
defined. For any employment to be eligible it must fall within skill
type “A”, “B” or “D” of the National Occupation Classification
Matrix.
There are 2 types of arranged employment possible:
1. If a skilled worker is in Canada and holds a worker permit that
meets the following criteria:
- there has been a Labour Market Opinion issued by Human Resources
Skills and Development Canada
- the skilled worker is currently working in that employment
- the work permit is valid at the time the application is made by
the permanent resident visa as well as visa is issued to the skilled
worker
- the employer has made an offer to employ the skilled worker of an
indeterminate basis once the permanent resident visa is issued
2. A skilled worker may also receive arranged employment without
working in Canada prior to being issued a permanent resident vias if
the following conditions are met:
- the employer has made am offer to employ the skilled worker on a
indeterminate basis once the permanent resident visa issued and ;
- an immigration officer has approved an offer of employment based
on an opinion by a Human Resources Skills and Development officer
that the request of the employer that:
a) the offer of employment is genuine
b) it is not part time or seasonal
c) the wages offered are consistent with the prevailing wage rate
for the occupation and working conditions meet generally accepted
Canadian standards.
| ADAPTABILITY |
Maximum 10 |
| Spouse's or common-law partner's education |
3-5 |
| Minimum one year of full-time authorized work in Canada* |
5 |
| Minimum two years of full-time authorized post-secondary
study in Canada* |
5 |
| Informal job offer in Canada |
0 |
| Points received under the Arranged Employment factor |
5 |
| Family relationship in Canada* |
5 |
* Applies to either the principal applicant or the principal
applicant’s spouse.
TOTAL Maximum 100
If you would like assistance with making an application for
permanent residence please feel free to contact us by email at:
immlaw@caronpartners.com
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