The Process for Awarding Points for Applications Received On or After May 04, 2013: FSW Selection criteria

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The Process for Awarding Points for Applications Received On or After May 04, 2013

Officers will award up to a maximum of 10 points to an applicant for arranged employment. This is especially if they find that the applicants are:

  • Able to perform
  • Likely to carry out the employment and,
  • Meeting the requirements for a valid offer of employment

In this scenario, the officers would award points to the applicant for a valid offer of employment. However, they would do so only after examining the applicant’s circumstances. This is in accordance with the provisions specified under R82 (2).

The applicant would need to submit the necessary documentation specified in the application kit. This would enable the applicant to establish that they have a valid offer of employment. Typically, applicants would need to submit the required documentation between the date of application receipt at the Centralised Intake Office (CIO) and the date of assessment at the visa office. On confirming the offer of arranged employment, the officers would award points to the applicant.

The officers would need to award 10 points to the applicant for the following arranged employment types.

  • If the applicant is currently working in Canada on a work permit issued based on a positive Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA) with respect to employment in an occupation listed in Skill Type 0, Skill Levels A or B of the National Occupational Classification (NOC) AND,
    • The work permit is valid at the time of the application for permanent residence
    • The applicant is currently working for an employer specified on the work permit and,
    • The current employer has made an offer to employ the applicant once the authorities issue a permanent resident visa on a full-time, non-seasonal, indeterminate basis in:
      • A National Occupational Classification (NOC) 2011 Skill Type 0 occupation in Canada
      • A National Occupational Classification (NOC) 2011 Skill Level A occupation in Canada or,
      • A National Occupational Classification (NOC) 2011 Skill Level B occupation in Canada
    • This is in accordance with the provisions specified under R82 (2) (a)
    • It is worth noting that the applicant would need to hold a valid work permit or have the relevant authorisation for working in Canada at the time the authorities issue the permanent resident visa
    • In addition, the officers would need to note that the Labour Market Impact Assessment (LMIA) need not be valid on the date of receipt of the application
      • This is in accordance with the provisions specified under R186
  • If the applicant is currently working in Canada:
    • In an Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA) confirmation exempt category under the:
      • North America Free Trade Agreement
      • The General Agreement on Trade and Services or,
      • The Canada-Chile Free Trade Agreement
        • This is in accordance with the provisions specified under R204 (a) or,
      • Purview of an agreement between Canada and its provinces and territories
        • This is in accordance with the provisions specified under R204 (c) AND,
    • The work permit is valid at the time of the application for permanent residence
    • The applicant is currently working for an employer specified on the work permit and,
    • The current employer has made an offer to employ the applicant once the authorities issue a permanent resident visa on a full-time, non-seasonal, indeterminate basis in:
      • A National Occupational Classification (NOC) 2011 Skill Type 0 occupation in Canada
      • A National Occupational Classification (NOC) 2011 Skill Level A occupation in Canada or,
      • A National Occupational Classification (NOC) 2011 Skill Level B occupation in Canada
    • This is in accordance with the provisions specified under R82 (2) (b)
    • It is worth noting that the applicant would need to hold a valid work permit or have the relevant authorisation for working in Canada at the time the authorities issue the permanent resident visa
    • In addition, the officers would need to note that the Labour Market Impact Assessment (LMIA) need not be valid on the date of receipt of the application
      • This is in accordance with the provisions specified under R186
    • In addition, officers would need to extend this Labour Market Impact Assessment (LMIA) exemption to GATS intra-company transferees as the authorities issued their work permits with an Labour Market Impact Assessment (LMIA) exemption code of C12
      • This is in accordance with the provisions specified under R205 (a)
  • If the applicant does not hold a valid work permit and does not possess the authority for working in Canada under the provisions specified in R186 on the date the applicant submits the application for permanent residence and,
    • The current employer has made an offer to employ the applicant once the authorities issue a permanent resident visa on a full-time, non-seasonal, indeterminate basis in:
      • A National Occupational Classification (NOC) 2011 Skill Type 0 occupation in Canada
      • A National Occupational Classification (NOC) 2011 Skill Level A occupation in Canada or,
      • A National Occupational Classification (NOC) 2011 Skill Level B occupation in Canada
    • Based on a positive Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA), the officers approve the offer of employment
    • This is in accordance with the provisions specified under R82 (2) (c)
    • It is worth noting that the officers would need to ensure that the Labour Market Impact Assessment (LMIA) is valid on the date of receipt of the application
    • If this is not the case, the officers would need to assess the application as one that does not have a Labour Market Impact Assessment (LMIA)
  • If the applicant does have a valid work permit or does have the authority for working in Canada under the provisions specified in R186 AND:
    • In this scenario, the circumstances referred to in R82 (2) (a) or (b) do not apply in situations such as those where:
      • The applicant has a job offer from an employer other than the one for whom the applicant is currently working or,
      • The applicant’s job is in a confirmation exempt category other than those outlined in R82 (2) (b) AND,
    • The officers find that the work permit or the authorisation for working under the provisions specified in R186 are valid at the time of making the application for permanent residence
    • The current employer has made an offer to employ the applicant once the authorities issue a permanent resident visa on a full-time, non-seasonal, indeterminate basis in:
      • A National Occupational Classification (NOC) 2011 Skill Type 0 occupation in Canada
      • A National Occupational Classification (NOC) 2011 Skill Level A occupation in Canada or,
      • A National Occupational Classification (NOC) 2011 Skill Level B occupation in Canada
    • Based on a positive Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA), the officers approve the offer of employment
    • It is worth noting that the applicant would need to hold a valid work permit or have the authorisation for working in Canada under the provisions of R186 at the time the authorities issue the permanent resident visa
    • In addition, the officers would need to ensure that the Labour Market Impact Assessment (LMIA) is valid on the date of receipt of the application
    • If this is not the case, the officers would need to assess the application as one that does not have a Labour Market Impact Assessment (LMIA)

Source: Citizenship and Immigration