Recent developments effective May 1, 2014 provide qualified candidates with Canadian permanent residence who meet certain eliminatory conditions and assessment factors under a new Federal Skilled Worker selection grid.
Attorney Colin Singer and his team will be conducting seminars in selected venues in June 2014 to discuss these new developments.
To qualify for permanent residence under the new FSW program, applicants must meet the following essential/eliminatory conditions:
- Possess one-year, within the previous 10 years, of work experience in one of 50 Fast Track High Demand occupations or the equivalent in part-time continuous employment; AND
- The work experience must be classified within Skill Type 0 (Managerial Occupations), Skill Level A (Professional Occupations), or Skill Level B (Technical Occupations and Skilled Trades) within the meaning of the National Occupational Classification (NOC) system; AND
- Demonstrate Intermediate proficiency in one of Canada’s two official languages;
- Score sufficient points under the skilled worker point grid comprising of six selection factors. The current pass mark is 67 points; AND
- Possess suitable settlement funding; AND
- Undergo a successful security background and medical examination.
Under the new rules, qualified applicants are evaluated against six factors to determine their eligibility for immigration to Canada. Applicants must obtain a total of 67 points out of a possible 100 in order to qualify. The selection factors are:
- Employment experience;
- Arranged employment;
The new program seeks to select candidates with the highest probability of economic settlement success and contribution to Canada. It maintains previous criteria with modification to the relative importance and point structure for each selection factor.
To be selected under the FSW program, applicants who possess sufficient work experience and language proficiency must accumulate a minimum of 67 points on the skilled worker selection grid, which allocates points for education, language, employment experience, age, arranged Canadian employment and adaptability.
Education – Maximum of 25 points
The maximum number of points awarded for education is 25, with maximum points awarded to applicants with doctoral degrees. Foreign credentials will be evaluated by a designated third party to determine their Canadian equivalent and points will be awarded based on that equivalence. At this time, organizations designated for credential evaluation are:
- Comparative Education Service: University of Toronto School of Continuing Studies;
- International Credential Assessment Service of Canada;
- World Education Services;
- Medical Council of Canada.
Language - Minimum threshold of 16 points, Maximum of 28 points
Only applicants capable of demonstrating an intermediate to high level proficiency in one of Canada’s official languages, English or French, will be considered. Applicants who meet the minimum threshold must score at least 16 points under this selection factor. Higher language proficiency can lead to an allocation of up to 24 points.
The benefits of bilingualism are considered marginal to an individual’s successful economic establishment in Canada and the new point system limits points for a second official language to a maximum of 4.
Employment Experience – Minimum of 9 points, Maximum of 15 points
The new program requires a minimum of 1-year to qualify and the maximum consideration is 6-years.
Age – Maximum of 12 points
Up to 12 points will be allotted to candidates between the ages of 18 and 35 years. Each year above the age of 35 will reduce the allocation by 1, with no points being awarded as of age 47.
Arranged Employment – 0 or 10 points
Points are allotted to individuals with a validated offer of employment in Canada. In an effort to streamline labour market related processes and reduce processing times for employers and their potential employees, the Arranged Employment Opinion process will be replaced with the Labour Market Opinion (LMO) employment validation process which is generally used in processing applications for Canadian work permits.
In order to validate an employment offer and obtain points for this selection factor, a candidate’s proposed employer must demonstrate to Human Resources and Skills Development Canada that the hiring of a foreign worker will have neutral or positive economic effects on the local labour market.
Candidates with a validated employment offer will gain 10 points under this factor, and an additional 5 points in the Adaptability selection factor for a total of 15 points.
Adaptability – Maximum of 10 points
Applicants who have at least 1 year of full time Canadian work experience in a managerial, professional, technical or skilled trade occupation will be awarded maximum points. As mentioned above, a validated offer of employment will provide 5 adaptability points. Other considerations awarding points under this selection factor include: A close adult relative living in Canada; Applicant or spouse has studied in Canada; Spouse has previous Canadian work experience; Spouse has knowledge of one of Canada’s official languages.
|(Canadian equivalence established by a designated third party)|
|Master’s or professional degree||23|
|Two or more post-secondary degrees, of which one is three years or longer||22|
|A three year or longer post-secondary degree||21|
|A two-year post-secondary diploma, trade certificate or apprenticeship||19|
|A one-year post-secondary diploma, trade certificate or apprenticeship||15|
|Secondary School Educational Credential||5|
|LANGUAGE (Abilities: Speak, Read, Write, Listen)||Max. 28|
|1st Lang||Very high proficiency (per ability) (CLB 9)||6|
|High proficiency (per ability) (CLB 8)||5|
|Intermediate proficiency (per ability) (CLB 7)*
*Minimum threshold required to apply
|Basic or no proficiency||0|
|Possible maximum (all four abilities)||24|
|2ndLang||Basic proficiency or higher (per ability)||1|
|Possible maximum (all four abilities)||4|
|EXPERIENCE (NOC Skill Level O,A,B)||Max. 15|
*Minimum threshold required to apply
|Two to three years||11|
|Four to five years||13|
|Six years or more||15|
|18 to 35 years||12|
|Less one point per year until 47 years|
|ARRANGED EMPLOYMENT IN CANADA||Max. 10|
|HRSDC-confirmed permanent offer of employment||10|
|Applicants from within Canada holding a temporary work permit that is:|
|Applicant has a minimum of 1 year skilled Work experience in Canada||10|
|Applicant has previously studied in Canada||5|
|Spouse has previously studied in Canada||5|
|Spouse has previously worked in Canada||5|
|Family relation over the age of 18 in Canada||5|
|Spouse is proficient in an official language||5|
CIC policy confirms that the Federal Skilled Worker Program, while well-tailored to select highly educated individuals, does not favour applications from the skilled trades. In an effort to ensure the Canadian labour market attracts sufficient trades workers, qualified trades’ candidates may now apply for permanent residence under the Federal Skilled Trades Program.
Persons interested in applying for permanent residence are invited to communicate with us at their convenience and/or to complete an assessment questionnaire. Upon receipt we will assess your options.