Skilled Worker Immigration to Canada

Skilled Workers and their families compose the majority of new immigrants to Canada. They are chosen based on their ability to become economically established in Canada, with the aim that they should fill shortages in the Canadian labour market, thereby contributing to Canada through their work and taxes.

The Federal Skilled Worker Category

The Federal Skilled Worker Category (FSWC) allows those who have at least one year of skilled work experience to apply for permanent residence in Canada, provided that they obtain sufficient points under the point score system. Federal Skilled Workers must apply under the Express Entry system rather than directly to a visa office.

Skilled Work Experience

To qualify as a Skilled Worker, the applicant must have at least one year of full time skilled work experience. Skilled occupations are those that fall under skill types 0, A, or B of the National Occupation Classification (NOC), which is a comprehensive listing of employment occupations in Canada. NOC 0 occupations are managerial in nature, NOC A occupations are professional, and NOC B occupations are technical jobs and skilled trades. “Full time” experience is at least 30 hours per week of continuous employment, or the equivalent in part-time work. This experience must have been gained within the last 10 years in order to be counted.

The Point System

A preliminary requirement for applicants under the Skilled Worker category is to pass a point system test designed to assess whether they are likely to become successfully established in Canada. The point system measures six factors related to the applicant and assigns a score to each factor. If the applicant’s total score meets the pass mark then they potentially qualify under the Skilled Worker category. A total of 100 points are available and the pass mark is currently set at 67. The factors measured under the point system are:

• Education (25 points)
• Language Skills (English and French) (28 points)
• Work Experience (15 points)
• Age (12 points)
• Arranged Employment (10 points)
• Adaptability (10 points)
• Education

Skilled Worker applicants will be awarded points based on their highest level of education, ranging from 5 points for a secondary school credential to 25 points for a Ph.D. Foreign educational documents must be accompanied by a Canadian equivalency assessment report from an approved agency in order to be considered.

2. Language Ability

Applicants under the Skilled Worker category must prove their language ability in English and/or French in order to obtain points for this factor. This requires that the applicant provide the results of an approved language test to the immigration authorities as part of their application. The applicant must show a Canadian Language Benchmark of at least 7 in the first language and 5 in the second language in order to receive points. Four language ability factors are considered: speaking, reading, writing and listening. Each factor will be separately scored in the language test. A total of 28 points are available. Language tests results must not be more than two years old at the time the Skilled Worker application is submitted.

3. Work Experience

Skilled Worker applicants will receive points in assessment for each year they have worked up to six years. The maximum score is 15 points. The work experience must be skilled in nature and must be full time experience or the part-time equivalent of full time experience. This experience is generally demonstrated by providing reference letters from the applicant’s employers setting out their work duties. These duties must be substantially the same as the duties for the occupation as set out in the National Occupation Classification.

4. Age

Full points for age (12) are awarded to those applicants who are between 18 and 35 years of age. For every year that the applicant is older than 35 they will lose one point in assessment.

5. Arranged Employment

If the Skilled Worker applicant is in Canada with a work permit that was obtained on the basis of a positive Labour Market Impact Assessment (LMIA) and the applicant’s employer is willing to employ them on a permanent basis, then the applicant will obtain 10 points for having arranged employment in Canada. If the applicant is working not in Canada but has an offer of employment based on an LMIA, then 10 points will also be awarded.

6. Adaptability

Points for adaptability will be awarded for having a spouse with sufficient English or French language ability, for at least two years of study in Canada by either the applicant or their spouse, for at least one year of work experience in Canada by either the applicant or their spouse, for having a close relative who is a Canadian citizen or permanent resident living in Canada, or having arranged employment.

Further Requirements

Settlement Funds

Skilled Worker applicants also need to show that they have sufficient funds to settle in Canada once they arrive and during the period it will take to find a home and employment. The amount required depends on the total family size. This requirement does not apply to those who are working in Canada or have arranged employment.

Admissibility

Apart from meeting the above criteria in order to qualify as a Skilled Worker, and as with any other category of permanent residence application, all applicants and their immediate family members will have to show that they are not inadmissible to Canada, including that they do not have any criminal record and that they are in good health.

Express Entry

Those who wish to apply for permanent residence in Canada through the Skilled Worker category must do so through the Express Entry system. This requires that they complete an online profile and wait to be invited to apply before they may submit their application.

• EXPERIENCE CLASS

Those who have at least one year or skilled work experience in Canada and who can speak good English or French can apply for permanent residence through the Canadian Experience Class.

Basic Requirements

The Canadian Experience Class (CEC) is a type of application for permanent residence for foreign workers living in Canada. To qualify under this category the applicant must have obtained at least one year of full-time skilled work experience in Canada within the last three years. The applicant must also show English or French language abilities commensurate with the skill level of their work experience. Those who wish to apply under the CEC must register through the Express Entry system and wait to be invited prior to applying.

Full-time Experience

“Full time” employment is defined as at least 30 hours per week. If the employment was not full time, then part-time employment that equates to the full time requirement will also be considered (for example, two years of work experience at 15 hours per week equates to the required one year of experience at 30 hours per week).

Skilled Work Experience

Canadian Experience ClassThe work experience must be skilled. Occupations that fall under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC), are considered to be skilled by the immigration authorities. This applies to hundreds of occupations so it is difficult to describe which employment specifically is considered to be skilled, but generally speaking, skilled work is work that requires some level of education or special training in order to perform, whereas jobs that just about anyone could do with some basic training are not skilled. The work experience can be in any skilled occupation, there is no requirement to work in the same field as the subject matter of any previous studies in Canada. The experience can be with multiple jobs and/or with multiple employers, and does not need to be continuous, as long as it adds up to the required one year of skilled experience in three years.

Self-employment Not Eligible

The required work experience must not be through self-employment, even if the self-employment is skilled and is documented. All applicants are required to provide satisfactory evidence of their work experience in Canada, including the fact that they were in an employer-employee relationship during their period of qualifying work experience.

Work Experience While a Student Not Counted

In the case of students, only work experience gained after the completion of the course of study can be considered. Full time students who have completed a course of study in Canada can apply for a Post-graduate Work Permit (PGWP) valid for up to three years that will allow them to work for any employer willing to hire them. After obtaining the PGWP and working for one year in a skilled occupation, an application for permanent residence under the CEC can be made.

English or French Language Requirement

Another requirement of this category is that the applicant must be able to speak English or French at a moderate or high proficiency level, depending on the skill level of the Canadian work experience the applicant obtained. The applicant will have to undergo language testing to prove their abilities, whether or not they are from an English or French speaking country.

Legal Status Requirement

The work experience must have been obtained while the applicant had legal temporary resident status as a worker. Applicants resident in Canada must have legal temporary resident status at the time they make the application, but do not need to be employed. Those who have left Canada but meet the above requirements can still make an application under the CEC.

Bridging Work Permit

Once filed, the CEC application will take about one year to process, depending on the workload and priorities of the immigration authorities. Those who wish to remain working in Canada while the application processes can apply for an open “bridging” work permit, provided that their CEC application has been received by the immigration authorities and they apply for the bridging work permit before their existing work permit expires.

Assessment

Applications under the CEC category are assessed on a pass or fail basis using the above-described criteria. There is no point system and there is no discretion on the part of an immigration officer.

Express Entry

Prior to submitting a CEC application potential applicants must register a profile through the Express Entry system and wait to be invited to apply. If the applicant obtained their highest level of education in a foreign country, in preparation for creating an Express Entry profile the applicant should have their foreign post-secondary educational credentials assessed for their Canadian equivalent.

• FEDERAL SKILLED TRADE

The Express Entry system for immigration to Canada allows faster selection and processing of skilled immigrants who are able to contribute to Canada’s economy.

The Express Entry system for immigration to Canada allows faster selection and processing of skilled immigrants who are able to contribute to Canada’s economy. Applicants must be eligible for at least one of any of the programs below:

• The Federal Skilled Worker Program
• The Federal Skilled Trades Program
• The Canadian Experience Class
• A portion of the Provincial Nominee Programs

If you are eligible for any one of these programs, you can complete an Express Entry profile with the help of an immigration lawyer in order to be considered in the pool of candidates. Once you enter the Express Entry pool, Canadian employers as well as the federal and provincial governments can choose you and send you an invitation to apply. You can then submit your permanent residence application which will then be processed within 6 months from the date it was received by the IRCC.

The Federal Skilled Trades Program

As one of the immigration programs covered under the Express Entry program, the Federal Skilled Trades Program has unique requirements which must be fulfilled by all applicants. One must receive a certificate of qualification for this program in order to apply. This certificate is proof that the candidate has passed a certification exam and fulfills all the requirements to practice their trade in a specific province or territory in Canada.

Before you can receive the certificate of qualification, which may be referred to as the certificate of qualification or qualification certificate in a different province, you must complete the Express Entry Profile and then receive an invitation to apply for permanent residence as a skilled worker. You will only receive the invitation if you have a high score and rank in the Express Entry pool.

How to receive the certificate of qualification

In Canada, the certificate of qualification which applies in the Federal Skilled Trades Program, is issued by the specific regulatory body that governs trades in the province or territory. Provinces and territories are in charge of education and training of skilled traders. They are the ones who place rules and guidelines as to standards and conditions that will be used to assess or recognize foreign credentials for specific trades. Therefore, the regulatory body will assess your training, trade experience and skills in order to determine if you are eligible to be certified.

In some cases, you will be required to write an exam before being given the certificate of qualification. This means you will have to travel to the province in order to write the exam to be certified. In some cases, you will be required to look for an employer in Canada who will offer you training and work experience before you can take the exam.

The provincial or territorial body that is responsible for issuing certificates of qualification can provide more information regarding this. When you work with an Express Entry lawyer Canada, you’ll get help to complete your Express Entry profile and easily navigate issues such as getting the certificate of qualification from the respective body.