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

Regulations are current to 2022-07-25 and last amended on 2022-06-21. Previous Versions

PART 6Economic Classes (continued)

DIVISION 1Skilled Workers (continued)

Federal Skilled Workers (continued)

Marginal note:Experience (15 points)

  •  (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 Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • 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 that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall 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 four-digit code of the National Occupational Classification that corresponds to each of the occupations 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]

  • SOR/2010-195, s. 7
  • SOR/2012-274, s. 9

Marginal note:Age (12 points)

 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.

  • SOR/2012-274, s. 10

Definition of arranged employment

  •  (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 any of subparagraphs 200(3)(h)(i) to (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 in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • 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 Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix 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.

  • SOR/2004-167, s. 30
  • SOR/2010-172, s. 5
  • SOR/2012-274, s. 11
  • 2013, c. 40, s. 237
  • SOR/2013-245, s. 1
  • SOR/2015-144, s. 1
  • SOR/2015-147, s. 1
  • SOR/2016-298, s. 6

Marginal note:Adaptability (10 points)

  •  (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 Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, 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]

  • SOR/2012-274, s. 12
  • SOR/2014-140, s. 3
  • SOR/2016-298, s. 7
Requirements

 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2008-202, s. 1

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

 [Repealed, SOR/2019-174, s. 8]

 [Repealed, SOR/2019-174, s. 8]

 [Repealed, SOR/2019-174, s. 8]

 [Repealed, SOR/2008-253, s. 8]

 [Repealed, SOR/2008-202, s. 2]

 [Repealed, SOR/2019-174, s. 8]

Quebec Skilled Worker Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Quebec skilled worker class if they

    • (a) intend to reside in the Province of Quebec; and

    • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

  • (3) and (4) [Repealed, SOR/2008-253, s. 9]

  • Marginal note:Requirements for accompanying family members

    (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

    • (a) the person who made the application has become a permanent resident; and

    • (b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, s. 3
  • SOR/2008-253, s. 9

Provincial Nominee Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the provincial nominee class if

    • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

    • (b) they intend to reside in the province that has nominated them.

  • Marginal note:Substitution of evaluation

    (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

  • Marginal note:Concurrence

    (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

  • Marginal note:Exclusion

    (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

    • (a) the nomination was based on the provision of capital by the foreign national; or

    • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

  • Marginal note:Exception

    (6) Subsection (5) does not apply if

    • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

    • (b) the foreign national controls or will control

      • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

      • (ii) an equity investment in the business of at least $1,000,000;

    • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

    • (d) the terms of the investment in the business do not include a redemption option.

  • (7) and (8) [Repealed, SOR/2008-253, s. 10]

  • Marginal note:Definitions

    (9) The following definitions apply in this section.

    immigration-linked investment scheme

    immigration-linked investment scheme means a strategy or plan

    • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

    • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

    percentage of equity

    percentage of equity means

    • (a) in respect of a sole proprietorship, 100% of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

    • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

    • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

  • Marginal note:Non-application

    (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

  • Marginal note:Transitional

    (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

  • Marginal note:Requirements for accompanying family members

    (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

    • a) the person who made the application has become a permanent resident; and

    • b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, ss. 4, 5
  • SOR/2008-253, s. 10
  • SOR/2009-164, s. 1
  • SOR/2010-195, s. 8(F)
  • SOR/2016-316, s. 3
  • SOR/2019-212, s. 4(F)
 
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