Substituted Evaluations for Federal Skilled Worker Applicants [Updated]

There is a myth amongst potential Federal Skilled Worker Program applicants that their application is guaranteed if they can get 67 points. This is not true for several reasons, including the possible use of substituted evaluations.
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Educational Credential Assessments (Updated May 22)

Citizenship and Immigration Canada has released the names of the designed Educational Credential Assessment agencies.

Starting on May 4, 2013, applicants to the Federal Skilled Worker Program will be required to submit an Educational Credential Assessment.  Subsection 75(2)(e) makes this a requirement even if the applicant does not wish to rely on Education points.

The four designated organizations are:

The Medical Council of Canada has been designated only for those applicants who intend to apply with “specialist physician” or “general practitioner/family physician” as their primary occupation in their Federal Skilled Worker Program application.

I have browsed the websites of each of the above agencies, and produced the table below.  Getting educational credentials assessed is going to be a very time consuming process.  Right now the World Education Services website strongly suggests that it is faster, cheaper, and less document heavy than the other two organizations.  However, I would not be surprised if competition forces the other two organizations to change, and applicants are advised to check all websites to determine which one agency would be best for them.

Factor Comparative Education Service International Credential Assessment Service of Canada Word Education Services Medical Council of Canada
Documents Required Application Form

Color photo ID showing DOB.

 

Color copy of credential and official translation.

 

Color copy of both sides of transcripts and official translation.

 

Sealed academic records mailed directly from institution to agency.

Copy of name change (if applicable).

Online application. 

Copy of each side of credential and translation.

 

Copy of both sides of transcripts and  translation.

 

Copy of abstract of thesis/dissertation and translation.

 

Copy of name change (if applicable).

 

Sealed academic record mailed directly from institution to agency.

 

Online application. 

No general documentation requirement, but country specific checklists generally include copies of credentials, letters confirming awarding of documents, and transcripts.

Copy of name change (if applicable).

Sealed academic records mailed directly from institution to agency.

Open an account with the MCC Physician Credential Repository 

Submit a Source Verification Request for their Final Medical Note

 

Certified copy of the medical diploma.

 

Translations.

Country Specific Additional Documents Yes. Yes. Yes. Not clear.
Cost Regular – 226Rush – 508.50 200 + HST 180 + HSTRush – 280-300 + HST 300+
Processing Regular – 11 weeksRush – five days after receipt of all documents 6-8 weeks Standard – Seven days upon receipt of all documents.Three day and same day processing available. 75-105 days

 


The Federal Skilled Worker NOC List

Image by wburris

As part of its recent changes to the Federal Skilled Worker Program (“FSWP“), the government has changed which National Occupational Classification (“NOC“) categories are eligible under the program. In short, the FSWP requires that a prospective immigrant either have a job offer or sufficient experience in a designated NOC occupation. These are typically occupations of which there are a shortage of skilled Canadians.

The following table shows the eligible NOC categories before and after the changes. It shows which occupations have been removed, and which have been added.

NOC

Before

Now

0213

Computer and information systems managers

0311

Managers in health care

0631

Restaurant and food service managers

Restaurant and food service managers

0632

Accommodation service managers

0711

Construction managers

1111

Financial auditors

2113

Geologists, geochemists, geophysicists

2143

Mining engineers

2144

Geological engineers

2145

Petroleum engineers

3111

Specialists physicians

Specialist physicians

3112

General practitioners and family physicians

General practitioners and family physicians

3141

Audiologists

3143

Occupational therapists

3142

Physiotherapists

Physiotherapists

3151

Head nurses

3152

Registered nurses

Registered nurses

3215

Medical radiation technologists

Medical radiation technologists

3233

Licensed practical nurses

Licensed practical nurses

4121

University professors

4131

College and other vocational instructors

6241 Executive chefs Executive chefs

6242

Cooks

Cooks

7213

Contractors and supervisors (pipes)

7215

Contractors and supervisors, carpentry trades

Contractors and supervisors, carpentry trades

7216

Contractors and supervisors (mechanic trades)

Contractors and supervisors (mechanic trades)

7241 Electricians (except industrial & power system) Electricians (except industrial & power system)
7242 Industrial electricians Industrial electricians

7251

Plumbers

Plumbers

7252

Steamfitters and pipefitters

7265

Welders

Welders

7312

Heavy-duty equipment mechanics

Heavy-duty equipment mechanics

7371

Crane operators

Crane operators

7372

Drillers & blasters

Drillers & blasters

8221

Supervisors (mining)

8222

Supervisors (oil & gas drilling)

Supervisors (oil & gas drilling)

9212

Supervisors (refineries, chemical plants)

0811

Primary production managers

1122

Professional occupations in business services to management

1233

Insurance adjusters and claims examiners

2121

Biologists and related scientists

2151

Architects

3113

Dentists

3131

Pharmacists

3222

Dental hygienists & dental therapists

4152

Psychologists

4152

Social workers

 


Skilled Worker Non-Processing Letters Going Out

And so it begins.  Citizenship and Immigration Canada has begun sending letters to Federal Skilled Worker Applicants who applied prior to February 27, 2008, that their applications will not be processed, and that they will soon be contacted regarding a refund.

Regardless of what one thinks of the merits of cancelling the backlog (I am sympathetic to both sides’ arguments), the way in which the Government of Canada is executing its decision to cancel the applications is problematic.  Indeed, I believe that the government is acting in a way that will lead to court intervention.

In brief, the government is cancelling these applications without having yet passed any legislative changes permitting them to do.  The Immigration and Refugee Protection Act and its Regulations still state that the affected applicants are eligible to immigrate to Canada.

From what I can tell, the Minister is currently governing through press release.  Ironically, the press release notes that the cancellation and refund of the above applications will occur as a result of “proposed legislation”.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-30a.asp

The proposed legislation has not yet been introduced either in the House of Commons or in the Canada Gazette. Despite that, Citizenship and Immigration Canada is already cancelling applications.

Press releases cannot trump statute, and I predict an upcoming wave of successful litigation.