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| == A. Economic Class Applicants == | | == A. Economic Class Applicants == |
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| '''NOTE:'''
| | Foreign nationals who apply under one of the economic classes must prove that they will become financially established in Canada. This general requirement is reflected through a series of criteria. There are three general sub-classes within the economic class: the skilled worker class, investor class and the self-employed class. Please note that there are Provincial Nominee Programs in operation throughout Canada, including British Columbia. Under these programs, the province nominates an immigrant for Federal screening (see s. 87 of the IRP Regulations). Nomination by a province provides strong evidence of an applicant’s ability to become economically established in Canada as required by IRPA s. 12(2). A detailed discussion of these programs is beyond the scope of this Manual. |
| *As of January 1, 2015, IRCC implemented an online screening and selection process for persons who wish to be considered for permanent resident status in Canada under the Economic Classes of Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades Class. This process is called [http://www.cic.gc.ca/english/immigrate/express/express-entry.asp Express Entry (“EE”)].
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| *EE is a system whereby applicants create an online profile (there is no paper process for creating an EE profile) that assigns points according to “Human Capital Factors” and “Skill Transferability Factors” under a “Comprehensive Ranking System”. An applicant can obtain a maximum score of 600 points based on these factors in combination, and an extra 600 points by obtaining a special EE-related Provincial Nomination (see Provincial Nominee Programs) or an LMIA (see Workers). These factors and selection criteria were established through Ministerial Instructions, and can be reviewed in detail on the [[http://www.cic.gc.ca/english/department/mi/express-entry.asp CIC website].
| | NOTE: IRCC implemented an online screening and selection process for persons who wish to be considered for permanent resident status in Canada under the Economic Classes of Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades Class. This process is called Express Entry (“EE”): http://www.cic.gc.ca/english/immigrate/express/express-entry.asp |
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| *Once the person has created an active EE profile, they may be selected for an Invitation to Apply (“ITA”) for permanent resident status under one of the three aforementioned Classes of permanent residence. They will be issued an ITA if their profile score equals or exceeds the score chosen by CIC at a particular selection pass. Consequently, potential immigrants do not know if they are able to apply for permanent resident status until they receive an ITA.
| | EE is a system whereby applicants create an online profile (there is no paper process for creating an EE profile) that assigns points according to “Human Capital Factors” and “Skill Transferability Factors” under a “Comprehensive Ranking System”. An applicant can obtain a maximum score of 600 points based on these factors in combination, and a possible extra 600 points by obtaining a special EE-related Provincial Nomination (see Provincial Nominee Programs) or an LMIA (see Workers). These factors and selection criteria were established through Ministerial Instructions, and can be reviewed in detail on the IRCC website (http://www.cic.gc.ca/english/department/mi/express-entry.asp). |
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| *Upon receiving an ITA, the applicant has 60 days to submit the application for permanent resident status. The application is made entirely online, without written forms, and requires scans of all relevant documents. The applicant will not know exactly what documents are required until they actually receive the ITA, and the documents required may change according to other evidence provided as part of the application. The online submission is often referred to as the “e-APR”.
| | Once the person has created an active EE profile, they may be selected for an Invitation to Apply (“ITA”) for permanent resident status under one of the three aforementioned Classes of permanent residence. They will be issued an ITA if their profile score equals or exceeds the score chosen by IRCC at a particular selection pass. Consequently, potential immigrants do not know if they are able to apply for permanent resident status until they receive an ITA. |
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| *Once the e-APR is submitted, they will be contacted by CIC with instructions on where to send original documents that may be required (such as original police clearances).
| | Upon receiving an ITA, the applicant has 60 days to submit the application for permanent resident status. The application is made entirely online, without written forms, and requires scans of all relevant documents. The applicant will not know exactly what documents are required until they actually receive the ITA, and the documents required may change according to other evidence provided as part of the application. The online submission is often referred to as the “e-APR”. |
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| Foreign nationals who apply under one of the economic classes must prove that they will become financially established in Canada. This general requirement is reflected through a series of criteria. There are three general sub-classes within the economic class: the skilled worker class, investor class and the self-employed class. Please note that there are Provincial Nominee Programs in operation throughout Canada, including British Columbia. Under these programs, the province nominates an immigrant for Federal screening (see s 87 of the ''IRP Regulations''). Nomination by a province provides strong evidence of an applicant’s ability to become economically established in Canada as required by IRPA s 12(2). A detailed discussion of these programs is beyond the scope of this Manual.
| | Once the e-APR is submitted, they will be contacted by IRCC with instructions on where to send original documents that may be required (such as original police clearances). |
| | 1. Federal Skilled Worker Class (Express Entry Required) |
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| === 1. Federal Skilled Worker Class (Express Entry Required) ===
| | The Federal Skilled Worker Program (“FSW”) selects immigrants based on their ability to succeed economically in Canada. After meeting the threshold criteria set out in s. 75 of the IRP Regulations, foreign nationals who apply under the skilled worker class are assessed on a point system designed to evaluate their ability to become successfully established in Canada. Applicants are given points on the following criteria: education, language, experience, age, adaptability, and arranged employment. The point structure is set out in the IRP Regulations in ss. 78 to 83. For information on how points are allocated, refer to www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp. |
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| The Federal Skilled Worker Program (FSW) selects immigrants based on their ability to succeed economically in Canada. After meeting the threshold criteria set out in s 75 of the IRP Regulations, foreign nationals who apply under the skilled worker class are assessed on a point system designed to evaluate their ability to become successfully established in Canada. Applicants are given points on the following criteria: education, language, experience, age, adaptability, and arranged employment. The point structure is set out in the ''IRP Regulations'' in ss.78 to 83. For information on how points are allocated, refer to http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp.
| | For complete information of the Federal Skilled Worker Program, please refer to: |
| | http://www.cic.gc.ca/english/immigrate/skilled/index.asp |
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| For complete information of the Federal Skilled Worker Program, please refer to: http://www.cic.gc.ca/english/immigrate/skilled/index.asp
| | 2. Canadian Experience Class (Express Entry Required) |
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| === 2. Investor Class ===
| | This class is designed to recognize the value of having experience in Canada, and the positive impact this experience is likely to have on a newcomer’s prospects of success. Applicants under this class must be able to demonstrate two things: |
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| The Investor Program and the Federal Entrepreneur Program has been closed since July 1st 2012.
| | 1) At least one year of full time authorized skilled work experience in Canada. The type of employment must fall under type A, B, or O of the National Occupation Classification system (i.e. managerial, professional, or technical occupations). “Full time” work in this context means 30 or more hours of work per week, and can be made up of work in more than one skilled job, but any hours beyond 30 during that week are surplus and are not counted. |
| | | 2) Depending upon the dominant type of skilled work they are claiming, the applicant must show a minimum proficiency in either English or French, through providing a test result report from the TEF, IELTS or CELPIP testing systems. |
| As of April 1st 2013, CIC opened up a Start-Up Visa Program under the Business Immigration Program, which is geared at attracting experienced business people to Canada who will support the development of a strong and prosperous Canadian economy. Clinicians are advised to check the CIC website for the latest information.
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| === 3. Self-Employed Persons Class ===
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| This category is designed for individuals who have the intention and ability to be self-employed in Canada in cultural activities, athletics, or in managing a farm. While it is not explicitly stated on the CIC website, applicants with exceptional skills, such as Olympic athletes, world-renowned artists and/or musicians, etc. are far more likely to be successful under this class. It is not necessary that the applicant actually be self-employed before coming to Canada, so long as he or she has participated for at a world-class level in their field of endeavor. However, persons not actually participating at a world-class level may still be successful if they can demonstrate they were self-employed in Category 5 of the Canadian National Occupational Classification (NOC) (occupations in art, culture, recreation, and sport) for at least 2 years before coming to Canada, and that they are likely to become economically established in Canada.
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| Please refer to ''IRP Regulations'' Part 6 Division 2 (ss 100 and 101), and to the [http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp CIC website].
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| === 4. Provincial Nominee Programs ===
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| All provinces, including British Columbia, have their own selection systems and criteria for new immigrants. Applicants who apply under these classes must still comply with the statutory requirements under the federal legislation (see s 87 of the ''IRP Regulations''). Section 87(3) permits the federal immigration officer to substitute his/her own evaluation of the applicant’s ability to become economically established in Canada for that of the nominating province. B.C.’s Provincial Nominee Program has its own categories, which can be different from the federal requirements. For more information about BC’s programs see: http://www.welcomebc.ca/pnp.
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| After being nominated for permanent residence by the BC PNP, both the applicant and their employer must tell the BC PNP about any employment changes by emailing PNPPostNom@gov.bc.ca. This includes a promotion, lay-off, termination or a potential new job with a new employer. Please note that failing to inform BC PNP of a change in the employment status could lead to the withdrawal ofa nomination. It could also lead to questions from IRCC when they process the application. All post-nomination requests, including requests for work permit support letters, change of employers, and re-nominations, must now be emailed to PNPPostNom@gov.bc.ca.
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| On 01 February 2017, the BC Provincial Immigration Programs Act and Regulations came into effect. This legislation provides a framework for the operation of the BCPNP, including direction concerning what factors can serve as the basis for a nomination, how fees are set, provides investigatory powers to the Director of the PNP, and allows for an appeal process for refused nominations. Clinicians assisting with PNP applications should familiarize themselves with the “interpretive guidelines” provided on the BCPNP site: https://www.welcomebc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program/Documents. Where a BCPNP applicant is refused their application for a nomination certificate, the ability to appeal the decision is provided within their BCPNP online profile, and so it is important for the applicant to log into their profile as soon as possible upon receiving a refusal. They must pay a fee of $200, and provide submissions and evidence as part of the appeal process.
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| '''NOTE:''' A BCPNP nomination can be cancelled after being issued, and this cancellation does not receive consideration under the appeal process. Instead the nominee is given basic procedural fairness protections in the form of an opportunity to be heard before the nomination is cancelled. There is no appeal to the cancellation decision and so it is important to make the best case possible at that time.
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| === 5. Canadian Experience Class (Express Entry Required) ===
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| This class is designed to recognize the value of having experience in Canada, and the positive impact this experience is likely to have on a newcomer’s prospects of success. Applicants under this class must be able to demonstrate two things:
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| #At least one year of full time authorized skilled work experience in Canada. The type of employment must fall under type A, B, or O of the National Occupation Classification system (i.e. managerial, professional, or technical occupations). “Full time” work in this context means 30 or more hours of work per week, and can be made up of work in more than one skilled job, but any hours beyond 30 during that week are surplus and are not counted.
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| #Depending upon the dominant type of skilled work they are claiming, the applicant must show a minimum proficiency in either English or French, through providing a test result report from the TEF, IELTS or CELPIP testing systems.
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| See the IRCC Program Delivery Instructions for the Canadian Experience Class (http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/index-post.asp) and the IRCC website (http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp). | | See the IRCC Program Delivery Instructions for the Canadian Experience Class (http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/index-post.asp) and the IRCC website (http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp). |
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| === 6. Federal Skilled Trades Class (Express Entry Required) ===
| | 3. Federal Skilled Trades Class (Express Entry Required) |
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| This class is meant to facilitate the permanent residence of skilled tradespersons in Canada. In order to be eligible for the FSTP, an applicant must | | This class is meant to facilitate the permanent residence of skilled tradespersons in Canada. In order to be eligible for the Federal Skilled Trades Program (“FSTP”), an applicant must |
| *Plan to live outside the province of Quebec;
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| *Meet the required levels in English or French for each language ability (CLB 5 for speaking, and listening, and CLB 4 for reading, writing);
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| *Have at least two years of full-time (30 hours per week) work experience (or an equal amount of part-time work experience) in a skilled trade within the five years before applying;
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| *Meet the job requirements for their predominant skilled trade as set out in the National Occupational Classification (NOC), (except for needing a certificate of qualification); '''and'''
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| **Have an offer of full-time employment for a total period of at least one year (up to 2 employers can commit to offer employment, but all offers of employment must be associated with an LMIA) or
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| **A certificate of qualification in their predominant skilled trade issued by a Canadian provincial or territorial authority (such as a Red Seal)
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| Applicants who are applying from outside of Canada must also show that they have sufficient settlement finds for their family upon arrival in Canada.
| | a) Plan to live outside the province of Quebec, |
| | b) Meet the required levels in English or French for each language ability (CLB 5 for speaking, and listening, and CLB 4 for reading, writing), |
| | c) Have at least two years of full-time (30 hours per week) work experience (or an equal amount of part-time work experience) in a skilled trade within the five years before applying, |
| | d) Meet the job requirements for their predominant skilled trade as set out in the National Occupational Classification (“NOC”), (except for needing a certificate of qualification), and |
| | a. Have an offer of full-time employment for a total period of at least one year (up to 2 employers can commit to offer employment, but all offers of employment must be associated with an LMIA). |
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| | b. A certificate of qualification in their predominant skilled trade issued by a Canadian provincial or territorial authority (such as a Red Seal). |
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| http://www.cic.gc.ca/english/immigrate/trades/apply-who.asp | | Applicants who are applying from outside of Canada must also show that they have sufficient settlement finds for their family upon arrival in Canada. See http://www.cic.gc.ca/english/immigrate/trades/apply-who.asp |
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| == B. Family Class Applicants == | | == B. Family Class Applicants == |
