CILLP_M3_C2

What did MI10 do?

• Issued November 2013 • Excluded 6 Skill Level B NOCs from eligibility to the CEC • Set global cap of 12,000 applications • Sub-cap of 200 applications for Skill Level B eligible occupations •6 B Level NOCs no longer eligible to satisfy the work experience requirement of the CEC: Cooks, Food Service Supervisors, Administrative Officers, Administrative Assistants, Accounting Technicians & Bookkeepers,Retail Sales Supervisors

What did MI6 do?

• Issued in January 2013 • Cap of 3000 apps for the new Federal Skilled Trades Category • 43 Trades occupations eligible for processing under the FSTC • 26 subjected to no sub-cap and 17 a sub-cap of 100 each • Language threshold for FSTC also established - those applying under the PhD stream own annual cap of 1000.

What did MI5 do?

• Issued in July 2012 • Instituted temporary pause on new FSW applications except for those with Arranged Employment or made under the PhD stream • Instituted temporary pause on Federal Immigrant Investor category

What did MI2 do?

• Issued in June 2010 • Restricted access to FSW class to 2 categories of applicants: - Those with experience on list of 29 occupations - Those with Arranged Employment - Created global cap (20,000) and occupational cap (1,000) for FSW • Caps don't apply to those with AE

What did MI7 do?

• Issued in March 2013 • Start Up Visa program introduced

What did MI8 do?

• Issued in May 2013 • Ended temporary pause on new FSW applications except for those with Arranged Employment or made under the PhD stream • Re-introduced an eligible occupations stream of 24 occupations with an overall cap of 5000 FSWC applications and a sub-cap of 300 on each of the 24 occupations

What did Ministerial Instructions (MI) do?

• Issued in Nov. 2008 but applied to applicants from Feb. 27/08 forward • Restricted access to FSW class to 3 categories of applicants: - Those with experience on list of 38 occupations - Those with Arranged Employment - Those in Canada for at least one year as TFWs or Int'l Students

As of January 2013, how is "full-time work" defined by the IRPR in relation to the FSWC, CEC and FSTC.

...

What is the role played by ESDC and Service Canada in the Federal Skilled Worker Class and the Federal Skilled Trades Class?

...

Why is it important to have a good understanding of the NOC for the Economic Class?

... To know who is a good candidate at the time

Are there any advantages for an applicant for permanent residence with previous work or study experience in Canada?

... Yes more points....

What are Settlement Funds?

...Applicants without Arranged Employment must prove that they have enough money to support themselves and their dependents for the first six months in Canada -requirement must be met prior to submitting the application and throughout the application period. 1 person $11,115, 2 people $13,837, 3 people $17,011, 7 or more people $29,414

What visa offices can the application forms be sent?

1) the applicant's country of origin or 2) the country in which the applicant is residing and has been lawfully admitted for a period of at least one year. (For applicants who are residing in Canada and who have been legally admitted for a period of at least a year, the responsible visa office is not a visa office per se but rather the Case Processing Pilot in Ottawa, ON).

What are the four minimum requirements for the FSTC

1. A qualifying offer of employment from up to two employers in Canada of at least one year Procedures duration or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority; 2. Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant's abilities in the requisite skill areas meet the threshold set by the Minister in all four language abilities (speaking, reading, writing, oral comprehension); 3. Twenty-four months of work experience (after qualification /certification in the country where the work was performed, where applicable) in the same skilled trade in the last five years; and 4. Qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements, which are difficult to obtain outside Canada." ** Like the CEC, The FSTC uses a pass/fail set of criteria in which all minimum requirements must be met. There is no point system used. **

Who can apply according to C-50?

1. Applicants with at least one year of work experience in an occupation on the list, those with Arranged Employment or those living legally in Canada for at least one year as a foreign worker or international student. 2.All apps in the FSWC now sent to (CIO) in Canada for initial screening, before being sent to visa offices abroad for finalization.

What six selection factors are assessed for application and what points can be awarded in each category?

1. Education - maximum of 25 points 2. Language proficiency - maximum of 28 points are available in this category 24 points in the first official language and 4 in the second official lanaguage. The minimum threshold for the first official language is being set at the (CLB) of 7 in all four abilities: listening, speaking, reading and writing. An applicant meeting the threshold and no higher would obtain 16 points (4 for each ability). 3. Experience -Years of work experience in the last 10 years Points awarded 1 yr= 9 pts (minimum), 2 - 3 yrs = 11 pts, 4 - 5 yrs = 13pts, 6 yrs =15pts 4. Age - Maximum number of points - 12 - is principal applicants between the ages of 18 and 35. Applicants lose 1 point for every year beyond 35 until zero points are awarded after age 46. 5. Arranged Employment - 10 points, the applicant must have an indeterminate offer of employment from a Canadian employer. There are a number of specific circumstances under which the applicant's offer of employment allows him/her to claim points under this factor. (LMO) 6. Adaptability - accompanying spouse has a minimum of 1 year of skilled work experience in Canada - 5 points - accompanying spouse has completed two academic years or more of study in Canada- 5 points -When the PA has Arranged Employment - 5 points - When the PA or accompanying spouse has a qualifying relative in Canada of at least 18 years old - 5 points -When the PA's spouse provides language test results showing Canadian Language Benchmark levels of 4 or higher - 5 points

The minimum requirements for FSWC are now fourfold.What are they?

>The first is one year of work experience in a skilled occupation within ten years immediately prior to the submission of the app. >The second is settlement funds (applicants without Arranged Employment). >The third is proof of a minimum level of language ability in one of Canada's official languages in a sanctioned language test. >The fourth is either a Canadian education crendential or an equivalency assessment for a foreign education credential.

For applicants who meet the minimum criteria, the FSWC utilizes a point system to determine the applicant's ability to become economically established in Canada How many points are needed?

A minimum of 67 points is required to qualify under the FSWC.

Where must all FSW apps be sent?

All FSW applications must now be sent to the Centralized Intake Office (CIO) in Sydney, Nova Scotia including all supporting documents, forms and processing fees for initial processing

Where are the applications processed and how long does an applicant have to apply for Judicial Review if refused?

Applications are processed to Final Disposition (FD) at the Visa Office. The Visa Office will advise applicants of positive or negative decisions once the medical, criminality and security checks have been completed . If an application is refused, applicants have the opportunity to apply for Judicial Review within a specified time frame (60 days from date of being advised of the visa officer's decision).

Why is arranged Employment an important element of a successful FSWC application?

Arranged Employment has become an increasingly important element of a successful FSWC application with the advent of Bill C-50 and the resulting Ministerial Instructions. Given that an applicant is now only eligible to apply under this category if they have either Arranged Employment, applying under the PhD Stream or have experience in an occupation on a short list of occupations published by the Minister (and the cap has not been met for their occupation), Arranged Employment is the only way for many applicants to access the FSWC at present.

What measures were introduced to restrict access to the FSWC? Why?

Bill C-50 gave the Minister the authority to limit the number of immigration applications accepted by CIC. Applications could be blocked by category or otherwise under this legislation. CIC could decline to process applications submitted. (1) selecting candidates who will be able to integrate more rapidly and successfully into the Canadian economy, and by increasing the integrity and labour market responsiveness of the Arranged Employment factor; (2) to meet Canada's skilled labour needs by reducing barriers to the immigration of skilled trades-persons; and (3) to make permanent residence more accessible to skilled workers who have demonstrated an ability to integrate into the Canadian labor market.

What are the Elements of the NOC?

Each NOC code is made up of several elements: 1. The Lead Statement (appearing underneath the occupation title) 2. Example Titles (alternate titles for the occupation) 3. Main Duties (full listing of the duties; often an expansion of what appears in the Lead Statement) 4. Employment Requirements (education, experience and licensing requirements to work in the occupation in Canada) 5. Additional Information (if applicable) 6. Classified Elsewhere (similar occupations listed elsewhere NOC)

Live-In Caregiver Eligibility

Eligibility for PR - R113: • Valid Work Permit • In 4 years, was LIC 24 months or obtained 3900 hours / 22 months. • Unsupervised care of child, senior, or disabled person. • No enforceable removal order or admissibility hearing • No misrepresentation on qualifications for work permit • No medical for principal applicant • Meet Quebec selection criteria if that will be their first residence

What has traditionally been the most popular category under the Economic Class?

Federal Skilled Worker Class

What did MI3 do?

Issued in July 2011 • Cont'd Restricted access to FSW class to 2 sets of applicants - Those with experience on list of 29 occupations - Those with Arranged Employment • Reduced global (10,000) and occupational (500) processing caps for FSW • Caps don't apply to those with Arranged Employment

What did MI9 do?

Issued in June 2013 • Re-introduced Parents and Grandparents sponsorship starting January 2, 2014

What did MI4 do?

Issued in November 2011 • New category: - Int'l PhD students who have completed at least 2 years of their program and be in good academic standing at the time they apply. or have graduated less than 12 months before applying to CIO - Cap of 1,000 set for this category. These applicants must have completed at least two years of study toward their PhD a

How are skilled trades people seeking permanent residence treated differently than other skilled workers?

Language req are less

Live-In Caregiver PR application:

PR Application to CPC Vegreville: - Open Work Permit can be included with application - Once open Work Permit received applicant can work for any employer in any occupation - Family members can be processed concurrently overseas or in Canada. PA must be landed as a permanent resident first. OR - If family members were examined but not concurrently processed, then they can be sponsored later

Minimum Criteria for FSW application? 5

Prior to points grid & applies to all cat of eligible applicants -within the 10 years preceding the date of the application for a permanent resident visa, applicant must have min one year of continuous full-time employment experience or equivalent in continuous part-time employment in one or more occupations, other than in a restricted occupation, that are listed in NOC A, B or 0; - 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; -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 OccupationalClassification, including all of the essential duties. -the applicant has submitted official language test results that indicate the applicant meets or exceeds the minimum language threshold under the FSWC for each of the four language skill areas -if the applicant does not have Canadian educational credentials, the applicant has submitted an "equivalency assessment" relevant to his/her occupation establishing that he/she has the equivalent of the minimum education credential required to practice this occupation in Canada.

Explain FSTC "qualifying offer of employment"

Similar to "Arranged Employment" in the FSWC context but with important differences: the position need not be permanent (it must represent continuous full-time work of at least one year) and it can be combined from up to two different employers, thereby recognizing the project-based and seasonal nature of many job offers in the trades area.

Who can apply to the Federal Skilled Trades Class (FSTC)? - R. 87.2

The FSTC focuses on people in the following types of trades: industrial, electrical and construction trades (NOC Major Group 72); maintenance and equipment operation trades (Major Group 73); supervisors and technical occupations in natural resources, agriculture and related production (Major Group 82); processing, manufacturing and utilities supervisors and central control operators (Major Group 92); chefs and cooks (Minor Group 632); and butchers and bakers (Minor Group 633).

What are the three separate federal categories or classes focused on skilled workers that exist in the IRPR:

The Federal Skilled Worker Class (FSWC), The Canadian Experience Class (CEC) The Federal Skilled Trades Class (FSTC).

What is a Lock-in Date

The lock-in date is the date that is used for calculating the age of an applicant and the age of dependents for the purposes of an application. For immigration purposes, age is locked in on the date the application is received at the Centralized Intake Office in Sydney, Nova Scotia. The lock-in date does not apply to other selection factors such as experience, education, language proficiency, adaptability during the processing of an application

Live-In Caregiver Program: Name Steps

Two step process: Work Permit then PR - Eligibility for Work Permit - R112: - Have contract with Employer in Canada who has obtained LMO - Have completed secondary school or equivalent - Have 6 months full-time training or 12 months full-time employment as caregiver or related area - Ability to speak, read and listen to English

Explain the Application Review Process

Under current procedures, all applications under the FSWC must be sent to the CIO in Sydney, Nova Scotia. Applications must be complete and include all supporting documentation including official results of language testing. Incomplete or ineligible applications will be returned without being processed. The CIO will issue a file number, receipt for processing fees and an Acknowledgement of Receipt (AOR) letter for applications accepted for processing. Those files will then be electronically transferred to the appropriate visa office and as indicated on the application form.

What are the circumstances under which an applicant can now obtain Arranged Employment?

i. The applicant may be overseas and currently without a Work Permit to work in Canada. Employer must apply to ESDC/Service Canada and be granted an LMO based on the fact that an indeterminate offer of employment has been made by the employer to take effect after applicant has been granted permanent residence; ii. An applicant with a valid work permit who is working in Canada and whose employer, after having obtained an LMO from ESDC/Service Canada, has subsequently made an offer to employ the worker on an indeterminate basis. The applicant's work permit must be valid at the time of the application and at the time of the issuance of the permanent resident visa. iii. Applicants with a valid work permit who are working in Canada in a job that did not require their employer to obtain an LMO (ex., NAFTA Professional or "intra-company transferee") and whose employer has made an offer to employ the worker on indeterminate basis once the worker obtains the PRV. Work permit must be valid at the time of the application and at the time of the issuance of the permanent resident visa. iv. Applicants with a valid work permit who are working in Canada and who have an indeterminate job offer from a Canadian employer other than the one for whom they are currently working may also claim Arranged Employment points if their potential employer in Canada applies to ESDC/Service Canada and is granted an LMO based on the fact that an indeterminate offer of employment has been made by the potential employer to the applicant to take effect after the applicant has been granted permanent residence. Arranged Employment is the only way for many applicants to access the FSWC at present.

How do you get points for adaptability?

 When the Primary Applicant's accompanying spouse has a minimum of one year of skilled work experience in Canada - 5 points  When the PA or PA's accompanying spouse has completed two academic years or more of study in Canada- 5 points  When the PA has Arranged Employment - 5 points  When the PA or accompanying spouse has a qualifying relative in Canada of at least 18 years old - 5 points  When the PA's spouse provides language test results showing Canadian Language Benchmark levels of 4 or higher - 5 points