Federal skilled worker

One way to enter Canada is via the program for professionals and specialized labour. The person may proceed to apply if their occupation appears on a list of occupations in demand, the person is in Canada on a work permit or has an offer of employment. Some additional requirements of this program are:

  • One-year experience within the last 10 years in any of the eligible occupations that appear on the list of occupational demand
  • Post-secondary education
  • Knowledge of English and/or French
  • Meet the required points
  • Optimal age between 21 and 49
  • Applicant’s spouse has post-secondary education
  • Legally worked or studied in Canada
  • Have relatives residing in Canada
  • To be in Canada on a Work Permit
  • To have a job offer from a Canadian company

The 29 occupations as 2011 Minister’s Instruction are:

  • 0631 Restaurant and Food Service Managers
  • 0811 Primary Production Managers (Except Agriculture)
  • 1122 Professional Occupations in Business Services to Management (Cap reached)
  • 1233 Insurance Adjusters and Claims Examiners
  • 2121 Biologists and Related Scientists
  • 2151 Architects
  • 3111 Specialist Physicians
  • 3112 General Practitioners and Family Physicians
  • 3113 Dentists
  • 3131 Pharmacists
  • 3142 Physiotherapists
  • 3152 Registered Nurses (Cap reached)
  • 3215 Medical Radiation Technologists
  • 3222 Dental Hygienists & Dental Therapists
  • 3233 Licensed Practical Nurses
  • 4151 Psychologists
  • 4152 Social Workers
  • 6241 Chefs
  • 6242 Cooks
  • 7215 Contractors and Supervisors, Carpentry Trades
  • 7216 Contractors and Supervisors, Mechanic Trades
  • 7241 Electricians (Except Industrial & Power System)
  • 7242 Industrial Electricians
  • 7251 Plumbers
  • 7265 Welders & Related Machine Operators
  • 7312 Heavy-Duty Equipment Mechanics
  • 7371 Crane Operators
  • 7372 Drillers & Blasters – Surface Mining, Quarrying & Construction
  • 8222 Supervisors, Oil and Gas Drilling and Service

Applications are assessed under 6 Factors (education, language experience, age, arranged employment, adaptability) totaling 100 points with each factor providing a maximum number of points. Successful applicants must receive a minimum of 67 points with at least one year of experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC). The Regulations enumerates the factors and allocates the maximum number of units as follows

Factor Maxim point
EDUCATION 25
LANGUAGE 24
EXPERIENCE 21
AGE 10
ARRANGED EMPLOYMENT 10
ADAPTABILITY 10
TOTAL 100
Pass Mark 67

In summary, the Immigration and Refugee Protection Regulations under the skilled worker class features a selection process THAT:

Implements a selection regime that places emphasis on higher education, language abilities and flexible transferable skills.

Favours married (or common-law partners, conjugal partners) applicants with university education at the graduate level.

Rewards applicants with government approved job offers in Canada.

Provides the Minister of Citizenship and Immigration with authority to set and amend the pass mark at any time during the process with no lock-in protection for an application under assessment. This gives rise to a highly unpredictable selection regime.

Preserves the discretionary powers of a visa officer to assess an applicant’s overall settlement potential, irrespective of the point total and approve an application under the positive discretion (or refuse an application under the negative discretion) provisions of the regulations. This mechanism is used to accept a number of applicants who will be able to successfully settle in Canada yet who do meet the applicable pass mark.

Introduces a processing system based on an applicant’s nationality or current place of legal residence.

Establishes a continuing conformity principle requiring applicants to meet applicable selection criteria at the time an application for a permanent resident visa is made as well as at the time the visa is issued. This gives rise to a highly unpredictable selection regime.

Please contact us if you want to know whether you qualify as a skilled worker, we will help you out! Remember, you may not carry the above job title, but you may still fit in the job category. DOOR IS OPEN TO CANADA IF YOU KNOW WHICH WAY TO CHOOSE AND WE CAN HELP YOU.

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