Federal Skilled Worker Class Applications

This is arguably the most common category of immigration, often referred to as the “independent class” since the applicant qualifies on his/her own merit.

Overview

If you possess a high level of education and/or significant work experience that can be transferred to the Canadian labour market, this category might be for you. However, you must first meet certain eligibility criteria, set out in a point system format as outlined below:

The Point System:

You are scored under 6 main categories:

  1. Education (maximum 25 points) – The highest level of education attained, plus the total number of years of education acquired.
  2. Work Experience (maximum 21 points) – The number of years you have worked in your profession. To be applicable, the work must be paid and meet the skill level NOC 0, A or B. It does not matter where the work experience was acquired (Canada or anywhere else in the world) as long as you can provide evidence that you have indeed worked in the specified skilled profession for claimed amount of time.
  3. Language Ability (maximum 24 points) - Your ability to speak, listen, write, and read in either one or both of Canada’s official languages: English or French. Proof of language proficiency must always be provided. This means completion of the IELTS (for English) and/or TEF (for French) language examination.
  4. Age (maximum 10 points) – If you are between twenty-one and forty-nine (21-49) years of age, you score the maximum points. 2 points are subtracted for each year over 49.
  5. Arranged Employment in Canada (maximum 10 points) – Either: a) a permanent “indefinite” job offer in Canada approved by Service Canada (Arranged Employment Opinion), or b) you already hold a Service-Canada approved (“LMO”) work permit which is valid for twelve (12) months.
  6. Adaptability (maximum 10 points) –You may be awarded points under this factor depending on your partner’s/spouse’s education; availability of arranged employment (as mentioned above); having worked or studied in Canada for minimum required period of time, or having family members who are Canadian Permanent Residents or Citizens.

The current pass mark is 67 points. Should you receive a score which is slightly less than the pass mark, discretionary points may be awarded by the visa officer if you can convince the officer that you will be able to successfully establish yourself in Canada despite the deficiency under the point system (so called “substituted evaluation”). Generally speaking, the more points you score (beyond 67) the better the chances that your application will be approved without the need for personal interview, which would speed up the process.

Ministerial Guidelines

Please note that on June 26, 2010 Canadian government issued new Ministerial Guidelines which impose further requirements on all applicants. In addition to having to meet all of the above criteria (67 points minimum), you now must also fall under one of these 2 categories:

  1. you must provide evidence of at least 1 year of work experience (anywhere in the world) under one of the selected 29 occupations "in demand."

    SHOULD YOU DECIDE TO PURSUE THIS OPTION, PLEASE NOTE THAT CIC WILL NOW ACCEPT ONLY 20,000 OF SUCH APPLICATIONS ANNUALLY AND ONLY UP TO 1,000 APPLICATIONS PER EACH NOC CODE (OCCUPATION). ESSENTIALLY THEN, THESE APPLICATIONS WILL BE ASSESSED ON "FIRST COME FIRST SERVE" BASIS. ONCE ANNUAL QUOTA PER OCCUPATION IS REACHED, NO MORE APPLICATIONS WILL BE ACCEPTED WITHIN THAT YEAR.
  2. you must find a job offer in Canada (in any skilled or trade position, not limited to the 29 mentioned above) and apply for Arranged Employment Opinion (AEO) from Service Canada. If AEO is issued, the above quotas no longer apply.

    Should it be determined that you do not satisfy at least 1 of these 2 criteria, your application will not be assessed and will be returned to you (along with a refund of the government processing fees).

    Given that the new system is quite complex and success often depends on careful classification of your work experience under the required NOC Code, it is strongly recommended that you seek assistance of a skilled and knowledgeable immigration lawyer before applying. Please do not hesitate to contact me for further information regarding this category of immigration or to book a consultation appointment.
  3. you must provide evidence of at least 1 year of work experience (anywhere in the world) under one of the selected 38 occupations listed on the CIC website as follows: Link

Should it be determined that you do not satisfy at least 1 of these 3 criteria, your application will not be assessed and will be returned to you.

Given that the new system is quite complex and success often depends on careful classification of your work experience under the required NOC Code, it is strongly recommended that you seek assistance of a skilled and knowledgeable immigration lawyer before applying. Please do not hesitate to contact me for further information regarding this category of immigration or to book a free consultation appointment.