The Canadian Experience Class (“CEC”) allows individuals with one-year skilled work experience in Canada to acquire permanent residency. In November 2013, the Government of Canada through Ministerial Instructions introduced significant limitations to the program. We sent a newsletter to our subscribers outlining the changes to the CEC, and I have reproduced on my blog a copy of that newsletter article. As well, in December 2013 The Canadian Immigrant Magazine published an article of mine in which I outlined alternate programs for people who became ineligible to apply to the CEC. In a previous blog post, I also reproduced an Access to Information Act result in which Citizenship and Immigration Canada confirmed to an immigration representative that work experience for a foreign employer counts towards the CEC’s work experience requirement. In today’s post I will be reproducing a similar Q&A between an immigration representative and Citizenship and Immigration Canada regarding whether work experience obtained during full-time studies counts towards the CEC’s work experience requirement. I will also be reproducing part of Citizenship and Immigration Canada’s Overseas Processing Manual 25A – Canadian Experience Class (“OP25A”), which discusses the issue. Full-Time Study, Summer Breaks, and the Canadian Experience Class Section 87.1(3)(a) of the Immigration and Refugee Protection Regulations provides … Read More
The CEC Has Changed, What to do Now
[Editor’s note: The following appeared in the December edition of The Canadian Immigrant Magazine] On Nov. 8, 2013, Citizenship and Immigration Canada (CIC) introduced significant changes to the Canadian experience class (CEC), which limited eligibility to the popular program. The changes took effect the next day. Hundreds (if not thousands) of foreign workers in Canada who were gaining work experience that previously qualified for the CEC suddenly learned that it did not. For some of these individuals, many of whom are post-graduate work permit holders, career changes will be necessary if they wish to immigrate to Canada. However, in the month following CIC’s announcement, many people researched their options and discovered to their surprise that they qualified for other Canadian immigration programs. Indeed, some even learned that they could have submitted permanent residence applications many months prior to Nov. 8. The CEC changes The changes that CIC introduced to the CEC are significant. First, the program now features annual application caps. From Nov. 9, 2013, to Oct. 31, 2014, CIC will accept 12,000 completed applications to the program. Within the overall 12,000 application cap, CIC will process a maximum of 200 new CEC applications each year per each National Occupational Classification (NOC) Skill … Read More
CIC Caps CEC, Eliminates Eligible Occupations
On November 8, 2013, Citizenship and Immigration Canada (“CIC”) announced significant changes to the Canadian Experience Class (“CEC”). The CEC is a very popular program for immigrating to Canada. Subject to narrow exceptions, individuals qualify for the CEC if: they plan to live outside of Quebec; they have at least 12 months of full-time skilled work experience in Canada during the three-year period before they apply; they gained their skilled work experience in Canada with the proper authorization; they were not self employed when they gained their skilled work experience; and they meet required language levels (which vary according to occupation). Qualifying skilled work experience is work experience in one or more National Occupational Classification (“NOC”) Skill Type 0, or Skill Level A or B, occupations. The NOC is a Ministry of Economic and Social Development initiative which categorizes all occupations in Canada. It can be found here. The November 8 changes introduce an annual cap on the number of CEC applications that CIC will accept each year, introduce a further sub-cap for NOC Skill Level B occupations, and eliminate certain NOC Skill Level B occupations from being eligible for the CEC. The above changes took affect on November 9, 2013. … Read More
The Federal Skilled Trades Class
On January 2, 2013, the Federal Skilled Trades Class (“FSTC“) began accepting applications. This is a new program from Citizenship and Immigration Canada. From January 2, 2013, to January 1, 2014, the FSTC will be limited to 3,000 applications. As described in more detail below, the program will also contain numerous occupation specific sub-caps. To be eligible for the FSTC, applicants must: Have twenty-four months of work experience (after being qualified/certified in the country where the work was performed, where applicable) in an eligible skilled trade during the five year period preceding the application; Have an offer of employment for continous full-time work for a total period of at least one year from up to two employers in that skilled trade occupation, or possess a Certificate of Qualification from a provincial or territorial Apprenticeship Authority; Satisfy employment requirements as described by the occupation’s National Occupational Classification, except for certification and licensing requirements Meet or exceed the minimum language threshold; and Intend to reside in a province other than Quebec. Eligible Occupations Forty-three occupations are eligible under the FSTP. Within the total FSTP cap of 3,000 applications, seventeen of the forty-thirty occupations are further capped at 100 applications per occupation. These occupations are: … Read More
Federal Skilled Trades Class to be Capped at 3,000 Applicants
As previously discussed here, Citizenship and Immigration Canada (“CIC“) will be introducing a new Federal Skilled Trades Class (“FSTC”), which will facilitate the immigration of certain skilled tradespersons in Canada. The Government of Canada originally “announced” the creation of the FSTC in August through the publication of regulatory changes, however, CIC today released new information which will be relevant to prospective applicants. The FSTC will be open to individuals with experience in the following National Occupation Classification (“NOC“) B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; Chefs and Cooks; and Bakers and Butchers. Applicants to the FSTC will be required to meet the following four minimum requirements: Be working in Canada, or possess a LMO-supported offer of employment from up to two employers in Canada of at least one year duration, or possess a Certificate of Qualification from a provincial or territorial Apprenticeship Authority; Meet the same minimum language threshold as required by the concurrently to be introduced new Federal Skilled Worker Class, namely a 7.0 on every language ability; Have twenty-four months of work experience … Read More
Canadian Experience Class Going to One Year
On January 1, 2013, the Canadian work experience requirement of the Canadian Experience Class (“CEC“) is being reduced from 24 months to 12. Applicants who have 12 months work experience in the 36 months preceding an application will now be eligible to apply to the program. Only applicants with National Occupational Classification 0, A or B work experience will continue to qualify for the CEC. As well, a minimum language threshold will be required in each of the four abilities for applicants to the CEC. As with the new Federal Skilled Worker Class, the Minister shall have the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7 for NOC 0 and A applicants and CLB/NCLC 5, or in each ability for NOC B applicants. The new CEC regulations are: 87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec. Member of the class (2) A foreign … Read More
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. … Read More
PNP Reference Letter Requirement Gone -> Supplementary Travels Next Please
Earlier this week CIC removed the proof of work experience and proof of education experience requirements from the PNP checklist. This came after intensive lobbying from numerous provinces, immigration lawyers / consultants, and, I speculate, people within CIC. I think that the next target should be the IMM5562 – Supplementary Information – Your Travels form. This form asks applicants to list every country that they have visited outside of Canada and their country of nationality since they either turned 18 or during the 10 year period preceding the application. No matter how short the duration, applicants are expected to list every country that they have ever visited. British citizen visiting Paris for a day for business? Required to inform the government. American visiting Cancun? Required to inform the government. Whatever the benefit that this form provides, and I cannot think of what the benefit is, it is surely outweighed by the hassle that it causes frequent travellers to complete it.
International PHD Students – New Category under Federal Skilled Worker Program
Ministerial Instruction 4’s changes to the Parent and Grandparent Sponsorship Program overshadowed the introduction of a new stream to the Federal Skilled Worker Program. Effective immediately, a maximum of 1,000 new Federal Skilled Worker applications from international students pursuing PhD studies at Canadian institutions will be considered for processing each year. This cap will be calculated over and above any other Federal Skilled Worker caps on application intake. Applicants must meet one of the two following criteria: Be an international student currently enrolled in a PhD program, delivered by a provincially or territorially recognized private or public post-secondary educational institution located in Canada, and have completed at least two years towards the completion of their PhD and is in good academic standing, and not a recipient of a Government of Canada award. or Be a foreign nationals who has completed a PhD program from a provincially or territorially recognized private or public post-secondary educational institution located in Canada no more than 12 months prior to the date that their application is received. If the Applicant was a recipient of a Government of Canada award then the applicant must have satisfied the terms of the award. This is certainly a welcome … Read More
Amalgamating Years of Study Under the Federal Skilled Workers Program
Under the Federal Skilled Workers Program, an eligible applicant is required to accumulate 67 points in order to meet the requirements of the program. Points are awarded according to a variety of factors, including age, education, adaptability, and experience.