Skilled Worker

The Regulations require skilled-worker applicants to have at least one year of experience in a qualifying occupation within the past ten years. It is, however, is exceedingly difficult to achieve the current pass-mark without having obtained at least four years’ experience. Experience points may be awarded for more than one qualifying occupation so long as the duties performed include a fair number of the 'major duties' of that occupation. One year equates to 1,950 hours on-the-job. qualifying occupations, generally speaking, require at least six months of training.

Skilled-worker applicants must (a) have one year of experience within the preceding decade in one of the designated occupations or (b) have an approved job-offer or (c) be nominated by a province.  The designated occupations through 30 June 2012 are:

Processing

Only 10,000 skilled-worker applications will be accepted for processing per year, ending June 30th, with no more than 500 per designated occupation, chosen on first-come/first-served basis. Because, the windows for these occupations will be closing on an ad hoc basis throughout the fiscal year, one should not delay in applying.

Application forms, accompanied by the processing fee and all supporting documentation, including IELTS or TEF results, are sent to Sydney, Nova Scotia for processing approval and, if approved, will be forwarded to the processing visa-post. The Immigration Manual allows for omission of police clearances (because they expire in six months).  Although the Regulations do not authorize CIC to refuse to process applications unless IELTS results have been submitted, CIC considers its compliance with the Regulations to be optional.

Age (maximum 10) 10 points if between the ages 21 and 49 2 points less for each year thereafter Education (maximum 25), 5 for high school 12 for one-year, post-secondary certificate and 12 years of school. 15 for one-year, post-secondary certificate/diploma and 13 years of school 20 for two-year, post-secondary certificate/diploma and 14 years of school 22 for three-year, trade certificate and at least 15 years of school, 22 for two bachelor degrees and at least 15 years of school, or 25 points for a master's degree and at least 17 years of school. English and French, reading, writing, listening, speaking (maximum 24), first language: 2 points for moderate proficiency per factor or 4 points for high proficiency per factor; and second language: 1 points for moderate proficiency per factor or 2 points for high proficiency per factor; Qualifying Experience within the past ten years (maximum 21) 15 for one year and two points per additional year HRSD-approved Arranged Employment (10 points); and Adaptability (maximum 10) 5 for a qualifying relative of the applicant or spouse; i.e., child, parent, grandparent, sibling, aunt/uncle or niece/nephew; 5 for the applicant or spouse having been a post-secondary visa-student in Canada for two years; 5 for the applicant or spouse having worked one year in Canada on a work permit; Points for the the spouse's education as following 5 for a master's degree 4 for a bachelor's or three-year trade certificate or 3 for having completed a one-year, post-secondary program.

Western Red Cedar, B.C.

In order to receive points attributed to the principle applicant’s spouse, the spouse must be listed as “accompanying” and the non-refundable 'cost-recovery' fee (currently set at Cdn$550 plus Cdn$975 upon approval.) must be paid.

Although the Regulations state that those who meet the pass-mark, currently set at 67 for skilled-workers, will be selected, s-s. 76(3) states that the assessing officer may, with the concurrence of another officer, disregard the assessment if, in their opinion, the assessment does not accurately project the likelihood of the applicant and the applicant’s dependants becoming financially self-sufficient in Canada. Thus, even those who do not achieve the pass-mark may still be allowed to immigrate so long as they are able to convince the assessing officers that they are likely to be self-supporting in Canada.

Likewise, even those who reach the pass-mark should not rest easy if their employment experience is not likely to qualify them to pursue their occupation in Canada. Among those likely to suffer the sting of "negative discretion" are those who, although they meet the pass-mark, have experience in qualifying occupations requiring licencing in Canada; e.g., dentists, doctors, lawyers and teachers.

Those seeking to immigrate to Canada who do not achieve the pass-mark or who, despite reaching that benchmark, fear rejection owing to the non-transferability of their employment experience would benefit from the assistance of a reliable, skilled professional experienced in making submissions addressing the issue of whether the applicant (and dependants) are likely to be self-supporting in Canada.