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

Marginal note:Selection criteria

• 76. (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 half 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 the number of points referred to in subsection 82(2) for arranged employment in Canada within the meaning of subsection 82(1).

• 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.

Marginal note:Conformity — applicable times

77. For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.