Canadian Immigration: Skilled Worker Visas

BACKGROUND

The vast majority of permanent resident visas issued each year by the Canadian immigration authorities are to applicants in the Skilled Worker Visa program.

The Skilled Worker Visa program is intended to attract individuals who wish to immigrate to Canada as permanent residents and who have the educational background, occupational qualifications and work experience that will allow them to become economically self-sufficient within a reasonable period of time after immigrating to Canada.

A significant advantage of the Skilled Worker Visa program is that applicants can apply independently. They do not have to be sponsored by family members or employers in order to qualify.

NOTE: If you intend to settle in the Province of Quebec, your application will be assessed under the Quebec selection criteria which are different to those described below.

ELIGIBILITY

Under Canadian immigration law, a “skilled worker” is someone who has at least one (1) year of full-time work experience (37.5 hours per week or more) during the past ten (10) years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the Canadian National Occupational Classification (NOC). The NOC is a comprehensive system used for classifying occupations in Canada. The NOC lists over 500 occupational groups and more than 30,000 job titles. Generally speaking, positions at Skill Type 0, or Skill Levels A or B refer to executive, management, professional and specialized knowledge occupations, or technical and skilled trade occupations which require a degree, college education or apprenticeship training. In order to be eligible, the applicant must meet or exceed this minimum requirement.

POINTS SYSTEM

Under the Skilled Worker Visa program, applicants are assessed based on a numerical “points system” which is used to asses the applicant’s ability to meet the six (6) selection factors on which admissibility is based. The maximum score which is possible under the points system is 100 points. In order to be eligible for admission as a permanent resident, the applicant must score sufficient points to meet the “pass mark” established from time to time by the Department of Citizenship and Immigration Canada (CIC).

The pass mark is currently 67 points.

If you score is 67 points or more, you and your dependents will be eligible to obtain Canadian permanent residence under the Skilled Worker Visa program. If your total score is less than 67 points, you may still be able to obtain Canadian permanent resident status if you are able to satisfy the visa officer that you should be admitted on a “discretionary” basis.

SELECTION CRITERIA

Points under Factors 1 (Education), 2 (Language Proficiency), 3 (Work Experience), 4 (Age) and 5 (Arranged Employment) listed below may be earned by the Principal Applicant only.

Points under the Factor 6 (Adaptability) are “bonus points” which are available under five (5) sub-categories. In sub-category 6(d), points may be earned by the Principal Applicant only. In sub-category 6(a), the points may be earned by the Principal Applicant’s spouse or common law partner only. In each of sub-categories 6(b), 6(c) and 6(e) points may be earned by either the Principal Applicant or his/her spouse or common law partner, but not by both of them. All of the points earned for Adaptability (including those earned by a spouse or common law partner) are then added to the Principal Applicant’s score for Factors 1 through 5 to calculate whether the pass mark has been met.

1. Education (maximum 25 points). Based on your level of education (for example, your degrees or diplomas) and the number of years you spent in full-time or full-time equivalent study, you can score up to 25 points.
2. Language Proficiency (maximum 24 points). Based on your level of proficiency in English and/or French (Canada’s official languages). Proficiency is based on your ability to speak, read, write and listen in English and/or French, you can score up to 24 points.
3. Work Experience (maximum 21 points). Points are awarded based on the number of years you spent in full-time, paid work during the past 10 years. Points are only awarded for work which falls within Skill Type 0 or Skill Levels A or B of the Canadian National Occupation Classification (NOC) list.
4. Age (maximum 10 points). Depending on your age, you can score up to 10 points. Applicants who are less than 17 years old or more than 53 years old will score zero (0) points on this selection factor.
5. Arranged Employment (maximum 10 points). 10 points will be awarded if you have “arranged employment” for a job which falls within Skill Type 0 or Skill Levels A or B of the Canadian National Occupation Classification (NOC) list. “Arranged employment” means:
   
   a. You are presently employed in Canada under a Work Permit valid for at least one year, and you have a written offer of permanent employment from an employer in Canada promising to employ you after you obtain Canadian permanent resident status, or
   
   b. You are not presently employed in Canada under a Work Permit, however, you have a written offer of permanent employment from an employer in Canada promising to employ you after you obtain Canadian permanent resident status, which has been confirmed as a genuine offer of employment by an Arranged Employment Opinion issued by the Department of Human Resources and Skills Development Canada (HRSDC).
   
6. Adaptability (maximum 10 points). A maximum of 10 points in total may be awarded to you under the five (5) categories listed below:
   
   a. Spouse or common law partner’s level of education (maximum 5 points). Based on the level of education (post-secondary degrees or diplomas) and the number of years your spouse or common law partner spent in full-time or full-time equivalent study, you can score up to 5 points
   
   b. Previous study in Canada (maximum 5 points). 5 points may be awarded to you if either you or your spouse or common law partner previously completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a Study Permit. A degree or diploma is not necessary.
   
   c. Previous work in Canada (maximum 5 points). Five points may be awarded to you if either you or your spouse or common law partner previously worked for at least one year in Canada under a Work Permit.
   
   d. Arranged Employment (maximum 5 points). Five additional points may be awarded to you if you are also eligible to be awarded points for Arranged Employment under Factor 5 above.
   
   e. Relative in Canada (maximum 5 points). Five points may be awarded to you if either you or your spouse or common law partner has a relative in Canada. To be a relative, the person must be a parent, grandparent, child, grandchild, uncle, aunt, brother, sister, nephew, niece, aunt or uncle who is residing in Canada and is a Canadian citizen or permanent resident.

SETTLEMENT FUNDS

Applicants for permanent residence under the Skilled Worker Visa program are normally required to show that they have sufficient funds available to them at the time of landing to support themselves and their accompanying dependents following their arrival in Canada. The amount of money that you need to have to support your family - also known as the LICO or Low Income Cut Off criteria – is established by the Department of Citizenship and Immigration and is determined by the size of your family.

NOTE: The requirement to show proof of settlement funds does not apply to applicants who have scored points for Arranged Employment under Factor 5 of the Selection Criteria (see above).

VISA PROCESSING

Application under the Skilled Worker Visa program must be submitted to the Canadian visa office outside of Canada which serves the Primary Applicant's country of habitual residence or citizenship.

The applicant’s spouse or common law partner and all dependant children under the age of 22 years must be included in the application. For immigration purposes, Canada recognizes marriages between persons of the same sex and applicants who were married to same sex partners in jurisdictions in which same sex marriages are lawful may qualify as common law or conjugal partners.

Depending upon the circumstances disclosed in your application, you and your dependents may be required to attend an interview. If your application is favourably assessed, you and your dependents will be required to undergo background security checks and a Canadian Immigration Medical Examination. If your background security and medical checks are clear, you will normally be issued an immigrant visa permitting you to become a permanent resident in Canada.

QUEBEC-BOUND APPLICANTS

Please note that if you intend to settle in the Province of Quebec, your application will be assessed under the selection criteria used in the Quebec Skilled Worker selection system which is different to the Federal Skilled Worker Visa program described above.

READ MORE . . . about Skilled Worker Visas about Entrepreneur Visas about Investor Visas about Self-Employed Individual Visas about Family Visas about Canadian Immigration Medical Examinations

Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.