LICENSING REQUIREMENTS UNDER THE
IMMIGRATION AND REFUGEE PROTECTION IMMIGRATION REGULATIONS
Restricted Occupations and Occupations with Restrictions
The Federal skilled worker class 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. Individuals with at least one year of continuous full-time employment experience, or the equivalent in part-time employment in one or more “open” occupations, within the 10 years preceding the date of their application and who possess the required settlement funding, may qualify for assessment.
“Open” occupations are those with either Skill Type 0 or Skill Level A or B as defined by the National Occupational Classification (NOC), the tool being used by the immigration authorities in Canada.
In some cases, the Minister may designate a particular occupation as a restricted occupation. In such case, Regulation 80(2) provides that no points can be awarded under the Experience factor where an occupation has been designated as restricted. Currently, there are no occupations designated as restricted.
A request for consideration in a particular occupation and a subsequent approval leading to visa issuance does not per say infer that the applicant will be entitled to take up employment in that occupation, without restriction. Occupations are often governed by provincial licensing requirements which applicants must meet prior to taking up employment in a particular occupation in Canada.
Although licensing requirements in a particular occupation is not a factor in selection of skilled workers, Visa Officers can recommend the use of negative substituted discretion in situations where the applicant meets the points threshold but has not demonstrated in the opinion of the Visa Officer, the capacity for successful economic settlement in Canada. Applicants who apply for assessment in an occupation with licensing restrictions in a particular province are therefore encouraged to contact the various licensing bodies to become apprised of the obligations and related requirements to practice in a particular profession. As well, applicants will be expected to demonstrate that adequate financial arrangements will be met during the entire period covering the licensing process.
In the absence of adequate financial arrangements, applicants can be refused by the Visa Officer under the substituted negative discretion provisions of the regulations.
We would be pleased to provide further insight into this area upon request.
