84. [Repealed, SOR/2008-202, s. 1]
Marginal note:Permanent resident status
85. A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that
(a) the person who made the application has become a permanent resident; and
(b) the foreign national is not inadmissible.
- SOR/2008-202, s. 1.
Transitional Federal Skilled Workers
Transitional Federal Skilled Worker Class
85.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal skilled worker class is hereby prescribed as a class of persons who are transitional skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.
Marginal note:Transitional skilled workers
(2) A foreign national is a transitional skilled worker if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, that was
(a) refused after March 31, 2003 and before June 20, 2003; or
(b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.
- SOR/2003-383, s. 3;
- SOR/2004-167, s. 80(F).
Marginal note:Application before January 1, 2005
85.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal skilled worker class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.
Marginal note:Alternate place of application
(2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 85.1(2) was made, instead of to the immigration office referred to in subsection 11(1).
- SOR/2003-383, s. 3.
85.3 For the purpose of determining whether a transitional skilled worker, as a member of the transitional federal skilled worker class, will be able to become economically established in Canada, they must
(a) be awarded the number of units of assessment required by the former Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or
(b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.
- SOR/2003-383, s. 3.
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