Immigration and Refugee Protection Regulations

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]