Applying for permanent residence as a federal skilled worker is causing some concern among many non native English or French speaking applicants of late. The Federal skilled worker class is point based and confers permanent resident status to applicants who are able to demonstrate an ability to become economically established in Canada. Applicants are assessed under 6 factors and numerous sub factors of assessment providing for 100 points. The language factor accounts for up to 24 points of this total.
Applicants must claim a level of ability in one of the official languages on their application and provide proof of that level.
Assessment of language proficiency is never conducted during a selection interview. The Immigration and Refugee Protection Regulations allows, at the submission stage, an applicant the choice of either having their language proficiency assessed by an organization designated by the Minister or, providing other evidence in writing of their proficiency in order to claim language points.
For non native English speaking applicants, submitting “other evidence” of their English language proficiency is often the preferred choice at the submission stage because it legally permits the application to be placed in the processing queue while the applicant makes arrangements to write the official language test.
Once the application has sufficiently advanced to the assessment stage, non native English speaking applicants will be required to write a formal language test in order to claim points for the language factor.
The language testing process
The Canadian immigration authorities require applicants to complete an IELTS language test. The IELTS language test evaluates applicants under a series of benchmarks. Benchmarks are measured on a scale of 1 to 9 corresponding to an applicant’s proficiency in reading, writing, speaking and understanding. Benchmark results are then “converted” into a language score for immigration purposes. A benchmark of 7.0 to 9.0 for any of the four skill areas will earn the applicant a total of 4 points for each skill area resulting in a total possible score of 16 points under the skilled worker language factor. This is called high proficiency.
A benchmark of 5.0 through 6.9 will result in 2 points per skill. A benchmark of 4.0 to 4.9, will result in 1 point for each skill area with a maximum of 2 points across the four skill areas at this low benchmark. A benchmark under 4.0 will not result in any points for the referenced skills.
For example, if an applicant reaches benchmarks of 9.0 in listening (this translates into 4 points for this skill), 6.0 in reading (this translates into 2 points), 7.0 in writing (4 points) and 4.0 in speaking (1 point), then he/she will accumulate a total of 11 points towards the English language factor.
Additional points above 16 towards the availability of 24 points under the language factor, are awarded under the applicant’s second language proficiency (French). In all instances, it is the IELTS result that is used to determine the english language benchmarks, and ultimately how many points are awarded for an applicant’s English language proficiency under the Language Factor.
Flaws with the IELTS language testing process
The current language testing process is greatly flawed because it is in no way an accurate gauge of Canadian English proficiencies of foreigners. The format, administration and standards of the test are designed by an Australian and British authority. The test is in fact jointly managed by an international partnership consisting of the University of Cambridge ESOL Examinations, British Council, and IDP: IELTS Australia. In this way, the accent, expressions and vocabulary that make up the test are all either Australian or British. In delegating the testing process to the IELTS authorities CIC has outsourced this very important assessment of determining eligibility to immigrate to Canada to a foreign authority. Of course, to most native born Canadians, the differences in the English spoken in these parts of the world to Canadian English are significant and obvious. From vocabulary to accents to subject matter, a person who is familiar with Canadian English, or conversely not familiar with Australian or British English, may be confused when undergoing the testing process. Even native born Canadians could receive a test grade that ranks significantly below their actual ability to function within the English language in Canada.
Thusly, the test unnecessarily refuses language level claims, if not prejudices against well-spoken foreigners who are not familiar with the particularities of British or Australian English. The example of the highly proficient PhD holder from an American university with an exceptional professional and technical usage of English actually who receives a low score under the British/Australian IELTS English language test, occurs often. This can result in a highly qualified applicant unfairly being refused admission to Canada.
What to Do?
Despite that the IELTS test process is greatly flawed, it is nevertheless mandatory for non native English speaking applicants who are intending to apply for Canadian permanent residence under the Federal Skilled Worker program. Additionally, some of the provincial nominee programs are likewise insisting on the IELTS process to gauge English language proficiency.
However, applicants who do not produce an IELTS result with their application for permanent residence can expect a significant delay before the visa office requests the main applicant to produce a current IELTS test result.
During this often lengthy delay, an applicant will have sufficient time to familiarize themselves with the IELTS process. There are many online sample tests available, as well as classes which specialize in preparing applicants for this test.
Applicants should be careful though that in order to take advantage of this strategy, the initial application must be submitted with the required “alternative” proof of their language abilities that are being claimed.
The assistance of effective legal council can be very helpful in overcoming and addressing this important requirement.
Interested readers with questions on the foregoing may contact Attorney Colin R. Singer by email at csinger@immigration.ca
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