The Process for Awarding Points for Applications Received Prior to May 04, 2013: FSW Selection Criteria

/ / Published in Federal Skilled Workers

The Process for Awarding Points for Applications Received Prior to May 04, 2013

In accordance with the provisions specified under R82 (2), the officers would need to award 10 points to the applicant if the applicant:

  • Has submitted the necessary documentation
    • It is worth noting that in the third and fourth instances of arranged employment, Employment and Social Development Canada (ESDC) would take care of communicating the approved job offer to the visa office electronically
    • Therefore, officers would need to verify the Employment and Social Development Canada (ESDC) information
    • To do this, they would need to ensure that they enter the Employment and Social Development Canada (ESDC) file number in the field named ‘ESDC File #’ under the Economic Column in the IMM screen
    • To obtain the latest Employment and Social Development Canada (ESDC) information, the officers would need to click on the ESDC view tab and refresh it by clicking on the ‘Refresh’ button
    • In some situations, the file number might not be available in the system
    • In this scenario, the officers would need to search in the SEARCH -> Employment Validation screen by entering the applicant’s name and date of birth information
  • Is able to perform and is likely to accept and carry out the employment
    • Officers would need to consider various aspects of the applicant such as:
      • The applicant’s education and training
      • The applicant’s background and,
      • The applicant’s prior work experience
    • Reviewing these factors would enable the officers to determine whether the applicant meets this requirement or not
    • Situations could arise where the officers have concerns about the applicant’s ability or likelihood of accepting and carrying out the employment
    • In this situation, they would need to communicate their concerns to the applicant
    • Thereafter, they would need to provide the applicant with the opportunity to respond to these concerns

 

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 an Employment and Social Development Canada (ESDC) confirmed temporary work permit (this includes the necessary Labour Market Impact Assessment (LMIA) and sectoral confirmations) AND,
    • The work permit is valid at the time of:
      • The application for permanent resident visa and,
      • The time the authorities issue the visa to the applicant and,
    • The employer has made an offer to employ the applicant on an indeterminate basis if the authorities issue the permanent resident visa
    • This is in accordance with the provisions specified under R82 (2) (a)
  • If the applicant is currently working in Canada:
    • In a confirmation exempt category under the:
      • North America Free Trade Agreement
      • The General Agreement on Trade and Services or,
      • The Canada-Chile Free Trade Agreement
    • In a significant benefit category such as an intra-company transferee
    • In a category where the authorities have granted limited access to the labour market for public policy reasons such as:
      • Post-graduate work
      • Spouse or common-law partner of temporary skilled workers, foreign students etc. AND,
    • The work permit is valid at the time of:
      • The application for permanent resident visa and,
      • The time the authorities issue the visa to the applicant and,
    • The employer has made an offer to employ the applicant on an indeterminate basis if the authorities issue the permanent resident visa
    • This is in accordance with the provisions specified under R82 (2) (b)
  • If the applicant does not intend to work in Canada before receiving a permanent resident visa and does not hold a work permit and:
    • The employer has made an offer to employ the applicant on an indeterminate basis if:
      • The authorities issue the permanent resident visa and,
      • An officer approves the job offer based on an Employment and Social Development Canada (ESDC) arranged employment opinion
    • The officer is satisfied that the applicant is capable of performing the employment offered by the prospective employer to the applicant
    • This is in accordance with the provisions specified under R82 (2) (c)
  • If the applicant holds a work permit
    • 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 employer has made an offer to employ the applicant on an indeterminate basis if:
      • The authorities issue the permanent resident visa and,
      • An officer approves the job offer based on an Employment and Social Development Canada (ESDC) arranged employment opinion as outlined in R82 (2) (c)
    • The officer is satisfied that the applicant is capable of performing the employment offered by the prospective employer to the applicant
    • This is in accordance with the provisions specified under R82 (2) (d)

Note:

  • Officers would only award arranged employment points for occupations listed in Skill Type 0 or Skill Levels A or B of the National Occupational Classification (NOC) to the applicant
  • Therefore, applicants would need to have arranged employment and submit the required documentation between the times of application and assessment
  • Once the applicant has submitted the required documents, the officers would need to award the points for arranged employment

Source: Citizenship and Immigration


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