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I have been asked to give a run down on how the assessment for
eligibility works if you apply for permanent residency under
the "Skilled Worker Class".
Firstly, you need to meet the minimum requirements to apply
as a skilled worker as stipulated in Regulation 75 of the Immigration
and Refugee Protection Regulations. In terms of this legislation,
your work experience (at least one year of full-time paid work
experience that occurred within 10 years preceding the date
of application) must fall within a qualifying category of the
National Occupational Classification "NOC". There
are also requirements in terms of the actions and duties that
you actually perform in your work notwithstanding that the title
of the position you hold may be listed in a qualifying category
of the National Occupational Classification.
The NOC was developed by Human Resources Development Canada
to catalogue occupations in the Canadian labor market. The NOC
is divided into five (5) bands:
Skill Type 0 - Management Occupations;
Skill Level A - primarily comprised of professional occupations;
Skill Level B - primarily technical, skilled trades and paraprofessional
occupations;
Skill Level C - primarily occupations that mainly consist of
intermediate level, clerical or supportive functions;
Skill Level D - primarily elemental sales or service and primary
laborer occupations.
Only your work experience falling under Skill Type 0 and Skill
Level A and Skill Level B are of any relevancy and can apply.
You also need to have sufficient funds available for settlement
in Canada. This varies according to the applicant's family size.
If the applicant has arranged employment in terms of Regulation
82, then they are not required to meet these financial arrangements.
In addition to these minimum requirements, applicants are assessed
on the following 6 criteria:
Education - maximum of 25 points
Language - maximum of 24 points
Experience (work) - maximum of 21 points
Age - maximum of 10 points
Arranged Employment - 10 points
Adaptability - maximum of 10 points
The current pass mark is 67 points.
Remember that it is the Visa Officer who determines what the
score is.
Also, there is a provision in the regulations that allows a
visa officer to override the selection system where they are
of the opinion that the point total does not sufficiently indicate
whether or not the applicant may become economically established
in Canada. This can be applied both if the applicant does or
does not meet the pass mark.
In addition, if you do meet the pass mark for points and fulfill
the other requirements, you may still be denied a residency
visa if you are determined to be inadmissible on either criminal
or medical grounds.
Assessments are very thorough and you need to be able to provide
adequate and acceptable proof to back up your claims. You should
be entirely forthright in the your answers to questions and
should not hold back on information that you are required to
provide. There are serious consequences for misrepresentation
in terms of your eligibility for permanent residence.
The information above is by no means comprehensive and is of
general information only. For your specific situation, I would
strongly advise that you consult a professional for advice that
pertains to your particular circumstances.
Thinking
about Immigrating to Canada? Visit us!
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The
new year has arrived and I want to wish you a very happy 2005.
May all of your dreams come to pass this year, whatever they
may be.
regularly get asked whether it is necessary to use either an
immigration lawyer or immigration consultant in the immigration
process. I received another email this week asking me this question.