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

Regulations are current to 2022-11-16 and last amended on 2022-11-16. Previous Versions

PART 6Economic Classes (continued)

DIVISION 1Skilled Workers (continued)

Canadian Experience Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Canadian experience class if

    • (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

    • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

    • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

    • (d) they have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

    • (e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).

  • Marginal note:Application

    (3) For the purposes of subsection (2),

    • (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

    • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and

    • (c) the foreign national must have had temporary resident status during their period of work experience.

    • (d) to (g) [Repealed, SOR/2012-274, s. 13]

  • (4) and (5) [Repealed, SOR/2012-274, s. 13]

Federal Skilled Trades Class

Marginal note:Definition of skilled trade occupation

  •  (1) In this section, skilled trade occupation means an occupation, other than a restricted occupation, in any of the following groups listed in the National Occupational Classification:

    • (a) Major Group 72, technical trades and transportation officers and controllers, excluding Sub-major Group 726, transportation officers and controllers;

    • (b) Major Group 73, general trades;

    • (c) Major Group 82, supervisors in natural resources, agriculture and related production;

    • (d) Major Group 83, occupations in natural resources and related production;

    • (e) Major Group 92, processing, manufacturing and utilities supervisors and utilities operators and controllers;

    • (f) Major Group 93, central control and process operators and aircraft assembly assemblers and inspectors, excluding Sub-major Group 932, aircraft assemblers and aircraft assembly inspectors;

    • (g) Minor Group 6320, cooks, butchers and bakers; and

    • (h) Unit Group 62200, chefs.

  • Marginal note:Class

    (2) For the purposes of subsection 12(2) of the Act, the federal skilled trades class is prescribed as a class of persons who are skilled trades workers and who may become permanent residents on the basis of their ability to become economically established in Canada in a skilled trade occupation and their intention to reside in a province other than the Province of Quebec.

  • Marginal note:Member of class

    (3) A foreign national is a member of the federal skilled trades class if

    • (a) they have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas;

    • (b) they have, during the five years before the date on which their permanent resident visa application is made, acquired at least two years of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in the application after becoming qualified to independently practice the occupation, and during that period of employment has performed

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

      • (ii) a substantial number of the main duties listed in the description of the occupation set out in the National Occupational Classification, including all of the essential duties;

    • (c) they have met the relevant employment requirements of the skilled trade occupation specified in the application as set out in the National Occupational Classification, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority; and

    • (d) they meet at least one of the following requirements:

      • (i) they hold a certificate of qualification issued by a competent provincial or federal authority in the skilled trade occupation specified in the application for a permanent resident visa,

      • (ii) they are in Canada and hold 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, hold a valid work permit or are authorized to work in Canada under section 186 and

        • (A) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to their employment with their current employer in a skilled trade occupation 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,

        • (B) they are working for an employer specified on the work permit,

        • (C) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit, and

        • (D) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii),

      • (iii) they are in Canada and hold a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and 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, hold a valid work permit or are authorized to work in Canada under section 186 and

        • (A) they are working for an employer specified on the work permit,

        • (B) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit,

        • (C) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

        • (D) they have accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer,

      • (iv) they do not hold a valid work permit, are not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

        • (A) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation specified in the application,

        • (B) the offer is made by up to two employers, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

        • (C) 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 up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and

      • (v) on the date on which their application for a permanent resident visa is made and on the date on which it is issued, they either hold a valid work permit or are authorized to work in Canada under section 186 and

        • (A) the circumstances referred to in clause (ii)(B) or (C) do not apply,

        • (B) the circumstances referred to in subparagraph (iii) do not apply, and

        • (C) the circumstances referred to in clauses (iv)(A), (B) and (C) apply.

  • Marginal note:Substitution of officer’s evaluation

    (4) If the requirements referred to in subsection (3), whether or not they are met, are not sufficient indicators of whether the foreign national will become economically established in Canada, an officer may substitute their evaluation for the requirements. This decision requires the concurrence of another officer.

  • Marginal note:Requirement for funds

    (5) With the exception of the foreign nationals referred to in subparagraphs (3)(d)(ii), (iii) and (v), the foreign national must have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled trades worker and their family members.

Atlantic Immigration Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Atlantic immigration class is 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 class

    (2) A foreign national is a member of the Atlantic immigration class if they

    • (a) are named in an endorsement certificate issued by the government of an Atlantic province — on or after the day on which this section comes into force — under an Atlantic immigration agreement between that province and the Minister, which must be valid on the date on which their application for a permanent resident visa is made and must not subsequently have been revoked;

    • (b) intend to reside in the Atlantic province that issued the endorsement certificate;

    • (c) meet either the work experience requirements set out in subsections (3) and (4) or the recent graduate requirements set out in subsection (5);

    • (d) have an offer of employment that meets the requirements set out in subsections (6) and (7);

    • (e) meet the educational requirements set out in subsection (9);

    • (f) have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must be less than two years old on the date on which their application for a permanent resident visa is made and must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

    • (g) have — unless they are authorized to work and already working in Canada — in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members.

  • Marginal note:Work experience

    (3) A foreign national meets the work experience requirements if

    • (a) they have acquired, within the five years before the date on which their application for a permanent resident visa is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in at least one of the occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification;

    • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

    • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

  • Marginal note:Excluded work experience

    (4) For the purposes of paragraph (3)(a),

    • (a) any period of self-employment is not included in calculating a period of work experience; and

    • (b) any period of work acquired in Canada is not included in calculating a period of work experience, unless the foreign national was authorized to work and had temporary resident status during that period.

  • Marginal note:Recent graduate

    (5) A foreign national meets the recent graduate requirements if they

    • (a) obtained, as a full-time student, within the two years before the date on which their application for a permanent resident visa is made, a post-secondary educational credential issued by an institution in an Atlantic province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister, as amended from time to time, on the completion of a program of study that was

      • (i) of at least two years in duration,

      • (ii) not devoted primarily to the study of English or French as a second language, and

      • (iii) undertaken primarily as in-person learning;

    • (b) were physically present in the Atlantic province for at least 16 months during the two years preceding the day on which that credential was issued;

    • (c) had temporary resident status for the entire period of study working toward the credential and any work or study completed during that period was authorized; and

    • (d) were not in receipt of a scholarship or fellowship that was conditional on their return to another country at the conclusion of their studies.

  • Marginal note:Offer of employment

    (6) The offer of employment must meet the following requirements:

    • (a) it must be for continuous full-time work having a duration that is

      • (i) indeterminate, in the case of an offer for employment in an occupation that is listed in TEER Category 4 of the National Occupational Classification, or

      • (ii) of at least one year after the date on which a permanent resident visa is issued, in any other case;

    • (b) it must be for employment that the foreign national is able to perform and is likely to accept and carry out;

    • (c) it must be made by the employer named in the endorsement certificate, and that employer must not be referred to in any of subparagraphs 200(3)(h)(i) to (iii) or more than 50% owned or controlled, directly or indirectly, by the foreign national or their spouse or common-law partner; and

    • (d) it must be for employment in an occupation that

      • (i) is listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification, in the case of a foreign national who meets the recent graduate requirements,

      • (ii) corresponds to unit group 33102 or 44101 of the National Occupational Classification, in the case of a foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 31301 or 32101 of the National Occupational Classification, or

      • (iii) is listed in a TEER category in the National Occupational Classification that is at the same level or a higher level than the occupation in which most of the work experience relied on for the purpose of paragraph (3)(a) was acquired, in any other case.

    • (e) [Repealed, SOR/2022-220, s. 9]

  • Marginal note:TEER category hierarchy

    (7) For the purposes of subparagraph (6)(d)(iii),

    • (a) TEER Category 0 in the National Occupational Classification is at a higher level than TEER Category 1;

    • (b) TEER Category 1 is at a higher level than TEER Categories 2 and 3;

    • (c) TEER Categories 2 and 3 are at the same level; and

    • (d) TEER Categories 2 and 3 are at a higher level than TEER Category 4.

  • (8) [Repealed, SOR/2022-220, s. 9]

  • Marginal note:Educational requirements

    (9) A foreign national meets the educational requirements if

    • (a) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 0 or 1 of the National Occupational Classification, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to such a Canadian educational credential; or

    • (b) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 2, 3 or 4 of the National Occupational Classification, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.

 
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