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

Marginal note:Official languages

• 79 (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.