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Marginal note:Definition of skilled trade occupation

• 87.2 (1) In this section, skilled trade occupation means an occupation, other than a restricted occupation, in any of the following groups listed in the National Occupational Classification:

  • (a) Major Group 72, technical trades and transportation officers and controllers, excluding Sub-major Group 726, transportation officers and controllers;

  • (b) Major Group 73, general trades;

• Marginal note:Class

  (2) For the purposes of subsection 12(2) of the Act, the federal skilled trades class is prescribed as a class of persons who are skilled trades workers and who may become permanent residents on the basis of their ability to become economically established in Canada in a skilled trade occupation and their intention to reside in a province other than the Province of Quebec.

• Marginal note:Member of class

  (3) A foreign national is a member of the federal skilled trades class if

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  • (b) they have, during the five years before the date on which their permanent resident visa application is made, acquired at least two years of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in the application after becoming qualified to independently practice the occupation, and during that period of employment has performed

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  • (c) they have met the relevant employment requirements of the skilled trade occupation specified in the application as set out in the National Occupational Classification, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority; and

  • (d) they meet at least one of the following requirements:

    • (i) they hold a certificate of qualification issued by a competent provincial or federal authority in the skilled trade occupation specified in the application for a permanent resident visa,

    • (ii) they are in Canada and hold a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186 and

      • (A) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to their employment with their current employer in a skilled trade occupation and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

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      • (C) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit, and

    • (iii) they are in Canada and hold a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186 and

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      • (B) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit,

    • (iv) they do not hold a valid work permit, are not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

      • (A) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation specified in the application,

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• Marginal note:Requirement for funds

  (5) With the exception of the foreign nationals referred to in subparagraphs (3)(d)(ii), (iii) and (v), the foreign national must 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 trades worker and their family members.

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199 A foreign national may apply for a work permit after entering Canada if they

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• (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or

• (i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

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186 A foreign national may work in Canada without a work permit

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• (b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

• (c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;

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Marginal note:Visa exemption — nationality

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• (2) A foreign national is exempt from the requirement to obtain a temporary resident visa if they

  • (a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;

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Marginal note:No permit required

• 188 (1) A foreign national may study in Canada without a study permit

  • (a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

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