Immigration Minister Kenny announced important new rules governing the skilled worker class that are retroactive to February 27, 2008. The Minister said a worker in this class will receive a decision on his/her application within six to 12 months (compared with up to six years under the old system).

You are an applicant must obtain 67 points (EVALUATION) on the selection grid and

1. qualify for one of the 38 high-demand occupations (www.cic.gc.ca/eligible) in the list below or
2. have an offer of arranged employment or
3. have been living legally in Canada for 1 year as a temporary foreign worker or international student.

Skilled Worker List for Permanent Residence
*Applicants must have at least one year of continuous full-time or equivalent paid work experience in the last 10 years and meet the NOC requirements. No low skilled workers on the list.

0111: Financial Managers
0213: Computer & Information Systems Managers
0311: Managers in Health Care
0631: Restaurant & Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors & Accountants
2113: Geologists, Geochemists & Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners & Family Physicians
3141: Audiologists & Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses & Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors & Supervisors, Carpentry Trades
7217: Contractors & Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial & Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters & Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters – Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas & Chemical Processing & Utilities

Education
• “Educational credential” is defined in R73 as any diploma, degree or trade or apprenticeship
credential issued on the completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue. “Full-time” is defined in R78(1) as requiring at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of study. “Full-time equivalent” means, in respect of part-time or accelerated studies, the period of time that would have been required to complete those studies on a full-time basis.

Procedure: Applications made at the Centralized Intake Unit (CIU) in Sydney, Nova Scotia, Canada
1. Federal Skilled Worker applications made on or after November 28, 2008 must be sent by applicants to the CIO. These applicants must
A. complete and sign IMM 0008, Application for Permanent Residence in Canada, as well as Schedules 1 and 3 of this form,
B. photocopy of principal applicant’s bio-data page in their passport
C. 2 self-addressed mailing labels (1 in English or French and 1 in the applicant’s official language)
D. applicable fees in Canadian funds to the CIO
E. the Use of Representative form.

2. Applicants with an AEO should continue to send their applications to the visa office.
3. Applicants who are temporary foreign workers or are international students residing legally in Canada for at least one year should send their applications to the Buffalo visa office, or to the visa office serving the applicant’s country of citizenship.

Assessing applications against the Ministerial Instructions
The CIU will assess whether the applicant has one year of continuous full-time (or equivalent part-time) paid work experience in the last 10 years in one of the occupations listed in the Ministerial Instructions.
Once it is found that the applicant’s work experience corresponds to the Ministerial Instructions, the CIU will record this assessment in CAIPS and the electronic file will be transferred to the visa office. The CIU will send a letter to the applicant to:
• provide a file number and notification the case will be processed further at a visa post;
• request them to submit a copy of their application and together with supporting documents to the visa office within 120 days;

Applicant must legally be in Canada for 12 months to be is eligible for the Work or Study Category 3
Eligibility as a temporary foreign worker or student is not limited to holders of work or study permits. Applicants can meet the above eligibility requirement simply with evidence that their authorized period of stay has been at least one year, that throughout this period they have been temporary foreign workers or international students, and that they are still in Canada. Evidence of their authorized stay may include: an entry stamp in their passport, a temporary resident record, a work permit, or a study permit. Evidence of being a temporary foreign worker or international student may include: letters from employers or schools, records of pay, attendance, report cards, transcripts, etc. Evidence of being in Canada may include a residential address and correspondence sent to that address. These examples of evidence are neither exhaustive nor exclusive. Persons in Canada who have been studying or working here throughout a one-year period, during which they were also subject to an unenforced removal order, are not legally residing in Canada.

Minimum Work Experience requirements
The applicant must have at least one year of continuous full-time paid work experience, or the continuous part-time equivalent, in the category of Skill Type 0, or Skill Level A or B, according to the Canadian National Occupational Classification (NOC). The work experience which will be assessed for all skilled worker applicants must have occurred within the 10 years preceding the date of application. The applicant must have performed the actions described in the lead statement for the occupation (or occupations) as set out in the occupational description of the NOC (R75(2)(b));

Settlement funds
In terms of funds required, the number of the applicant’s family members includes both accompanying and non-accompanying dependants. Exception: If the applicant has arranged employment as defined in R82, they do not have to meet these financial requirements

Number of family members & Funds required
1 $10,601, 2 $13,198, 3 $16,225, 4 $19,700, 5 $22,343, 6 $25,199, 7 or more $28,055
The funds must be: available and transferable, unencumbered by debts or other obligations.

The Six Federal Skilled Worker selection criteria - R76(1)(a).
1. education (Section 10.2);
2. language proficiency (knowledge of official languages) (Section 10.3);
3. experience (Section 10.12);
4. age (Section 10.13);
5. arranged employment (Section 10.14);
6. adaptability (Section 10.15)

Lock-in Note: There is no “Lock-in Date” for Selection Criteria (R77), these requirements and criteria must be met at the time the application is made, as well as at the time the visa is issued.

Education
Officers should assess programs of study and award points based on the standards that exist in the country of study. The Regulations do not provide for comparisons to Canadian educational standards; If the applicant has an educational credential referred to in a particular paragraph in R78(2) but not the total number of years of study required by that paragraph, officers should award the number of points set out in the paragraph that refers to the number of years of study completed by the applicant [R78(4)].

Example: 1. If an applicant has a master’s degree, but only 16 years of education, an officer would go
down to the category for which the applicant meets the total number of years and, using this example,
award 22 points;
Example: 2. If an applicant has a four-year bachelor’s degree and 16 years of education, an officer would award 20 points, as a single two, three, or four-year university credential at the bachelor’s level, combined with at least 14 years of full-time study, is worth 20 points;

Note: Medical doctor degrees are generally first-level university credentials, in the same way that a
Bachelor of Law or a Bachelor of Science in Pharmacology is a first level, albeit “professional” degree and should be awarded 20 points. If it is a second-level degree and if, for example, it belongs to a Faculty of Graduate Studies, 25 points may be awarded. If a bachelor’s credential is a prerequisite to the credential, but the credential itself is still considered a first-level degree, then 22 points would be appropriate. It is important to refer to how the local authority responsible for educational institutions recognizes the credential: i.e., as a first-level or second-level or higher university credential. Pursuant to R77, officers should award points for the credential and years of study that the applicant has completed at the time the application is made. If further study is completed and documentation submitted between application and assessment, officers must award the points for the highest educational credential obtained at the time of assessment. A distance learning credential is eligible for points as long as it meets the definition of a credential as outlined in R73. If the credential is not described in terms of number of years duration (i.e. three-year bachelor’s degree), officers should apply the definition of full-time equivalent study and knowledge that the visa office has acquired on local education institutions and credentials. There is a high incidence of fraud in this area. Verification checks should be conducted with issuing institutions to ensure that program integrity standards are respected.