Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Marginal note:Selection criteria
  •  (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

    • (a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,

      • (i) education, in accordance with section 78,

      • (ii) proficiency in the official languages of Canada, in accordance with section 79,

      • (iii) experience, in accordance with section 80,

      • (iv) age, in accordance with section 81,

      • (v) arranged employment, in accordance with section 82, and

      • (vi) adaptability, in accordance with section 83; and

    • (b) the skilled worker must

      • (i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or

      • (ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.

  • Marginal note:Number of points

    (2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of

    • (a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;

    • (b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of skilled workers in Canada.

  • Marginal note:Circumstances for officer’s substituted evaluation

    (3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.

  • Marginal note:Concurrence

    (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

  • SOR/2004-167, s. 28;
  • SOR/2010-195, s. 4(F);
  • SOR/2012-274, s. 6.
Marginal note:Conformity — applicable times

 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued.

  • SOR/2012-274, s. 7.

Selection Grid

Marginal note:Education (25 points)
  •  (1) Points shall be awarded, to a maximum of 25, for a skilled worker’s Canadian educational credential or equivalency assessment submitted in support of an application, as follows:

    • (a) 5 points for a secondary school credential;

    • (b) 15 points for a one-year post-secondary program credential;

    • (c) 19 points for a two-year post-secondary program credential;

    • (d) 21 points for a post-secondary program credential of three years or longer;

    • (e) 22 points for two or more post-secondary program credentials, one of which must be a credential issued on completion of a post-secondary program of three years or longer;

    • (f) 23 points for a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required; and

    • (g) 25 points for a university-level credential at the doctoral level.

  • Marginal note:More than one educational credential

    (2) For the purposes of subsection (1), points

    • (a) except as set out in paragraph (1)(e), shall not be awarded cumulatively on the basis of more than one educational credential; and

    • (b) shall be awarded on the basis of the Canadian educational credentials or equivalency assessments submitted in support of an application for a permanent resident visa that result in the highest number of points.

  • SOR/2010-195, s. 5(F);
  • SOR/2012-274, s. 7.
Marginal note:Official languages
  •  (1) A skilled worker must identify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada. They must have their proficiency in that language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection.

  • Marginal note:Proficiency in second language

    (2) If the skilled worker wishes to claim points for proficiency in their second official language, they must submit, in support of the application for a permanent resident visa, the results of a language test that is approved under subsection 74(3) , which results must be provided by an organization or institution that is designated under that subsection and must be less than two years old on the date on which their application is made.

  • Marginal note:Proficiency in English and French (28 points)

    (3) Points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points for the skilled worker’s first official language and a maximum of 4 points for the applicant’s second official language based on benchmarks set out in Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as follows:

    • (a) for the four language skill areas in the skilled worker’s first official language,

      • (i) 4 points per language skill area if the skilled worker’s proficiency meets the threshold fixed by the Minister under subsection 74(1) for that language skill area,

      • (ii) 5 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by one benchmark level, and

      • (iii) 6 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by at least two benchmark levels; and

    • (b) for the four language skill areas in the skilled worker’s second official language, 4 points if the skilled worker’s proficiency in that language meets or exceeds benchmark level 5 in each of the four language skill areas.

  • SOR/2004-167, s. 29;
  • SOR/2008-253, s. 7;
  • SOR/2010-195, s. 6(F);
  • SOR/2011-54, s. 1;
  • SOR/2012-274, ss. 7, 8;
  • SOR/2016-298, s. 5.
Marginal note:Experience (15 points)
  •  (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:

    • (a) 9 points for one year of work experience;

    • (b) 11 points for two to three years of work experience;

    • (c) 13 points for four to five years of work experience; and

    • (d) 15 points for six or more years of work experience.

  • Marginal note:Listed occupation

    (2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • Marginal note:Occupational experience

    (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

    • (a) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

    • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

  • Marginal note:Work in excess

    (4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.

  • Marginal note:Classification code

    (5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.

  • Marginal note:Officer’s duty

    (6) An officer is not required to consider occupations that have not been specified in the application.

  • (7) [Repealed, SOR/2012-274, s. 9]

  • SOR/2010-195, s. 7;
  • SOR/2012-274, s. 9.
 
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