I have previously written in this blog about how Immigration, Refugees and Citizenship Canada (“IRCC’) has adapted an exceptionally strict approach to returning applications for incompleteness. I have also written in Policy Options about how frustrating this approach can be, because one of its main purposes appears to be to allow politicians to boast about reduced processing times, while ignoring the fact that the experience of individuals who are actually applying is actually often longer than previously. I wrote: The current rigid triage system distorts a fair comparison of processing times. Suppose an individual applies to sponsor a spouse to immigrate to Canada and forgets to include in one of the forms the city where a non-accompanying brother was born. Previously, processing might have been delayed by two to three months while IRCC contacted the family, informed them of the mistake and requested they provide the information. Now, IRCC would instead return the application one to two months after it is submitted, and the family would have to resubmit. If some supporting documents have expired, they may have to reobtain them, and the process can easily take several months. Under the previous system, this delay would have added two to … Read More
Work Experience Under the FSWP and the CEC
In both the Federal Skilled Worker Program, the Canadian Experience Class, and indeed most economic immigration programs, the government of Canada relies on Service Canada’s National Occupational Classification (“NOC“) system to determine eligibility. In the Canadian Experience Class, for example, subsections 87.1(2)(b) and (c) of the Immigration and Refugee Protection Regulations (the “IRPR“) set out the job duties that applicants to the Canadian Experience Class must perform in order to meet the requirements of having experience in an eligible NOC. Subsection 87.1(2)(b) provides that an applicant must have performed the “actions described in the lead statement for the occupation as set out [in the NOC]”, while subsection 87.1(2)(c) provides that an applicant also must have performed a “substantial number of the main duties of the occupation as set out in the NOC, including all of the essential duties.” In the Federal Skilled Worker Program, meanwhile, s. 75(2)(a)-(c) of the IRPR states: A foreign national is a skilled worker if (a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation … Read More
Introducing Express Entry
On January 1 2015, Citizenship and Immigration Canada (“CIC“) is expected to overhaul its economic immigration programs with the launch of Express Entry. On December 1, 2014, the Government of Canada released detailed Ministerial Instructions regarding Express Entry. In this post I hope to provide an easy to read overview of the new program. Express Entry will significantly alter every economic immigration program, including the Federal Skilled Worker Program (“FSWP“), the Canadian Experience Class (“CEC“), the Federal Skilled Trades Program (“FSTP“), and the Provincial Nominee Program (“PNP“). Rather than first in, first processed for permanent residence applications Express Entry will feature a “selection” of candidates who the Government of Canada believes is most likely to succeed in Canada. Express Entry will consist of two steps for potential applicants: Completing an Online Express Entry Profile Receiving a Letter of Invitation CIC is touting that Express Entry is not a new immigration per se, but rather a way for CIC to manage economic immigration applications online. However, a quick review of Express Entry suggests that who will be eligible to immigrate to Canada under Express Entry will fundamentally change.
The National Occupational Classification System
Canada’s immigration system heavily relies on the National Occupational Classification (“NOC”) system, managed by Service Canada. For applicants in the economic class, a deep understanding of the NOC system is crucial. The success of their immigration applications often hinges on proving they have qualifying experience or pre-arranged employment in specific NOC categories. Employers submitting Labour Market Impact Assessment (“LMIAs”) applications to the Ministry of Economic and Social Development Canada (“ESDC“) need to know which NOCs their positions fall under because this will determine the respective prevailing wage and recruitment requirements. Moreover, international graduates should be mindful of the NOC classification of their first job after completing post-secondary education. Experience in certain NOCs is essential for it to count towards immigration eligibility.
Arranged Employment
Regulation 82 of the Immigration and Refugee Protection Regulations, SOR/2002-227 states: 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix. Arranged employment (10 points) (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and (a) the skilled worker is in Canada and holds a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and (i) the work permit … Read More
Express Entry Imm Rep Q&A
The following PDFs contain several Express Entry Q&As that were obtained through an Access to Information Act request. The topics include what documentation is required in an Express Entry application, enclosing rehabilitation applications with Express Entry, what counts as a ‘certificate of qualification’, points for skills transferability, and qualifying arranged employment. Here is more functional guidance about concurrent work experience.
Non-Accompanying Family Members and Express Entry
Express Entry applicants often find it confusing to understand how declaring a family member as “non-accompanying” affects their Comprehensive Ranking System (CRS) score. It is important to know how Immigration, Refugees and Citizenship Canada (IRCC) treats non-accompanying spouses, partners, and children when calculating Express Entry points. Under Express Entry, family members include a spouse or common-law partner, dependent children, and dependent children of dependent children. Whether or not these family members will be coming to Canada with the applicant, they must be declared in the application. This is because IRCC requires all family members to be declared and examined for medical and security admissibility, even if they are not accompanying the applicant to Canada. When it comes to the CRS score, declaring a spouse or partner as “non-accompanying” has a clear impact. If an applicant has a spouse or common-law partner but declares them as non-accompanying, the applicant is assessed under the points grid used for single applicants rather than the one used for applicants with a spouse or partner. The single applicant grid generally results in a higher CRS score because it allows the applicant to receive additional points for factors such as age, education, language proficiency, and Canadian … Read More
Responsibility for Missed E-mail Communication
Who bears the risks when e-mail notices are sent by a visa officer but are not received by the applicant’s agent?
Judicial Review of Public Policies
Section 25.2(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 provides that: Public policy considerations 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations. Overview An Immigration, Refugees, and Citizenship Canada (“IRCC“) public policy is a temporary, discretionary measure enacted by IRCC to address specific immigration-related issues or situations that aren’t fully covered by existing Canadian immigration laws. These public policies offer flexibility in processing applications, support targeted groups of individuals, and respond to urgent or emerging needs. These IRCC public policies are usually time-limited and can be updated or revoked as circumstances evolve. Eligibility criteria, application processes, and other details are typically available on the official IRCC website. A list of public policies can be found here. Jurisprudence In Rohani v. Canada (Citizenship and Immigration), 2024 FC 1037 the Applicant argued that because previous Federal Court decisions referred … Read More
The Return of Incomplete Applications
One of the most frustrating experiences for people applying for visas is to have an application returned due to incompleteness. Because of processing delays, it often takes Immigration, Refugees and Citizenship Canada (“IRCC“) months to return an incomplete application, and applicants have to then start over.