Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Conformity — applicable times

77 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued.

Selection Grid

Marginal note:Education (25 points)

• 78 (1) Points shall be awarded, to a maximum of 25, for a skilled worker’s Canadian educational credential or equivalency assessment submitted in support of an application, as follows:

  • (a) 5 points for a secondary school credential;

  • (b) 15 points for a one-year post-secondary program credential;

  • (c) 19 points for a two-year post-secondary program credential;

  • (d) 21 points for a post-secondary program credential of three years or longer;

  • (e) 22 points for two or more post-secondary program credentials, one of which must be a credential issued on completion of a post-secondary program of three years or longer;

  • (f) 23 points for a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required; and

  • (g) 25 points for a university-level credential at the doctoral level.

• Marginal note:More than one educational credential

  (2) For the purposes of subsection (1), points

  • (a) except as set out in paragraph (1)(e), shall not be awarded cumulatively on the basis of more than one educational credential; and

  • (b) shall be awarded on the basis of the Canadian educational credentials or equivalency assessments submitted in support of an application for a permanent resident visa that result in the highest number of points.

Marginal note:Official languages

• 79 (1) A skilled worker must identify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada. They must have their proficiency in that language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection.

• Marginal note:Proficiency in second language

  (2) If the skilled worker wishes to claim points for proficiency in their second official language, they must submit, in support of the application for a permanent resident visa, the results of a language test that is approved under subsection 74(3) , which results must be provided by an organization or institution that is designated under that subsection and must be less than two years old on the date on which their application is made.

• Marginal note:Proficiency in English and French (28 points)

  (3) Points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points for the skilled worker’s first official language and a maximum of 4 points for the applicant’s second official language based on benchmarks set out in Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as follows:

  • (a) for the four language skill areas in the skilled worker’s first official language,

    • (i) 4 points per language skill area if the skilled worker’s proficiency meets the threshold fixed by the Minister under subsection 74(1) for that language skill area,

    • (ii) 5 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by one benchmark level, and

    • (iii) 6 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by at least two benchmark levels; and

  • (b) for the four language skill areas in the skilled worker’s second official language, 4 points if the skilled worker’s proficiency in that language meets or exceeds benchmark level 5 in each of the four language skill areas.

Marginal note:Experience (15 points)

• 80 (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:

  • (a) 9 points for one year of work experience;

  • (b) 11 points for two to three years of work experience;

  • (c) 13 points for four to five years of work experience; and

  • (d) 15 points for six or more years of work experience.

• Marginal note:Listed occupation

  (2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification.

• Marginal note:Occupational experience

  (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

  • (a) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

  • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

• Marginal note:Work in excess

  (4) A period of work experience in one occupation that exceeds 30 hours per week, or simultaneous periods of work experience in more than one full-time occupation, is to be evaluated as a single period of full-time work experience in a single occupation.

• Marginal note:Classification code

  (5) A skilled worker must specify in their application for a permanent resident visa the five-digit code in the National Occupational Classification that corresponds to each of the occupations that is engaged in by the applicant and that constitutes the skilled worker’s work experience.

• Marginal note:Officer’s duty

  (6) An officer is not required to consider occupations that have not been specified in the application.

• (7) [Repealed, SOR/2012-274, s. 9]

Marginal note:Age (12 points)

81 Points shall be awarded, up to a maximum of 12, for a skilled worker’s age on the date on which their application is made, as follows:

• (a) 12 points for a skilled worker 18 years of age or older but less than 36 years of age;

• (b) 11 points for a skilled worker 36 years of age;

• (c) 10 points for a skilled worker 37 years of age;

• (d) 9 points for a skilled worker 38 years of age;

• (e) 8 points for a skilled worker 39 years of age;

• (f) 7 points for a skilled worker 40 years of age;

• (g) 6 points for a skilled worker 41 years of age;

• (h) 5 points for a skilled worker 42 years of age;

• (i) 4 points for a skilled worker 43 years of age;

• (j) 3 points for a skilled worker 44 years of age;

• (k) 2 points for a skilled worker 45 years of age;

• (l) 1 point for a skilled worker 46 years of age; and

• (m) 0 points for a skilled worker under 18 years of age or 47 years of age or older.

Marginal note:Definition of arranged employment

• 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraphs 200(3)(h)(ii) or (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued and that is with respect to an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification.

• Marginal note:Arranged employment (10 points)

  (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and

  • (a) the skilled worker is in Canada and holds a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to the skilled worker’s employment with their current employer in an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

    • (ii) the skilled worker is working for an employer specified on the work permit, and

    • (iii) that employer has offered arranged employment to the skilled worker;

  • (b) the skilled worker is in Canada and holds a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the skilled worker is working for an employer specified on the work permit,

    • (ii) that employer has offered an arranged employment to the skilled worker, and

    • (iii) the skilled worker has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;

  • (c) the skilled worker does not hold a valid work permit, is not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

    • (i) an employer has offered arranged employment to the skilled worker, and

    • (ii) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of the employer or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met; or

  • (d) on the date on which their application for a permanent resident visa is made and on the date on which the visa is issued, the skilled worker holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply,

    • (ii) the circumstances referred to in paragraph (b) do not apply, and

    • (iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

Marginal note:Adaptability (10 points)

• 83 (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

  • (a) for the language proficiency of the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, in either official language, evaluated at at least benchmark level 4 for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and demonstrated by the results of a language test that is approved under subsection 74(3) from an organization or institution designated under that subsection, which results must be less than two years old on the date on which the application for a permanent resident visa is made, 5 points;

  • (b) for a period of full-time study in Canada by the skilled worker of at least two academic years in a program of at least two years in duration whether or not they obtained an educational credential for completing the program and during which period they remained in good academic standing as defined by the institution, 5 points;

  • (b.1) for a period of full-time study in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, of at least two academic years in a program of at least two years in duration whether or not the accompanying spouse or common-law partner obtained an educational credential for completing the program, and during which period the accompanying spouse or common-law partner remained in good academic standing as defined by the institution, 5 points;

  • (c) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker in an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification, 10 points;

  • (c.1) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, 5 points;

  • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points; and

  • (e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.

• Marginal note:Full-time study

  (2) For the purposes of paragraphs (1)(b) and (b.1), full-time study means at least 15 hours of instruction per week during the academic year, authorized under a study permit or under section 188, at a secondary or post-secondary institution in Canada that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions, including any period of training in the workplace that forms part of the course of instruction.

• (3) and (4) [Repealed, SOR/2012-274, s. 12]

• Marginal note:Family relationships in Canada

  (5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if

  • (a) the skilled worker or the skilled worker’s accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is 18 years or older, a Canadian citizen or permanent resident living in Canada and who is

    • (i) their father or mother,

    • (ii) the father or mother of their father or mother,

    • (iii) their child,

    • (iv) a child of their child,

    • (v) a child of their father or mother,

    • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

    • (vii) a child of the child of their father or mother.

  • (b) [Repealed, SOR/2012-274, s. 12]