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Marginal note:Class

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• (2) A foreign national is a member of the Atlantic immigration class if they

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  • (c) meet either the work experience requirements set out in subsections (3) and (4) or the recent graduate requirements set out in subsection (5);

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  • (g) have — unless they are authorized to work and already working in Canada — in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members.

• Marginal note:Work experience

  (3) A foreign national meets the work experience requirements if

  • (a) they have acquired, within the five years before the date on which their application for a permanent resident visa is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in at least one of the occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification;

• Marginal note:Excluded work experience

  (4) For the purposes of paragraph (3)(a),

  • (a) any period of self-employment is not included in calculating a period of work experience; and

  • (b) any period of work acquired in Canada is not included in calculating a period of work experience, unless the foreign national was authorized to work and had temporary resident status during that period.

• (5) A foreign national meets the recent graduate requirements if they

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  • (c) had temporary resident status for the entire period of study working toward the credential and any work or study completed during that period was authorized; and

• (6) The offer of employment must meet the following requirements:

  • (a) it must be for continuous full-time work having a duration that is

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  • (d) it must be for employment in an occupation that

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    • (ii) corresponds to unit group 33102 or 44101 of the National Occupational Classification, in the case of a foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 31301 or 32101 of the National Occupational Classification, or

    • (iii) is listed in a TEER category in the National Occupational Classification that is at the same level or a higher level than the occupation in which most of the work experience relied on for the purpose of paragraph (3)(a) was acquired, in any other case.

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• (9) A foreign national meets the educational requirements if

  • (a) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 0 or 1 of the National Occupational Classification, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to such a Canadian educational credential; or

  • (b) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 2, 3 or 4 of the National Occupational Classification, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.

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Marginal note:Class

• 87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Canadian experience class if

  • (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

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  • (e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).

• (3) For the purposes of subsection (2),

  • (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

  • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and

  • (c) the foreign national must have had temporary resident status during their period of work experience.

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2 The definitions in this section apply in these Regulations.

Canadian citizen

Canadian citizen  means a citizen referred to in subsection 3(1) of the Citizenship Act. (citoyen canadien)

Canadian Language Benchmarks

Canadian Language Benchmarks means, for the English language, the Canadian Language Benchmarks: English as a Second Language for Adults developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Canadian Language Benchmarks)

in-transit passenger

in-transit passenger  means a person who arrives by aircraft at a Canadian airport from another country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada. (passager en transit)

marriage

marriage , in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. (mariage)

Niveaux de compétence linguistique canadiens

Niveaux de compétence linguistique canadiens means, for the French language, the Niveaux de compétence linguistique canadiens : français langue seconde pour adultes developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Niveaux de compétence linguistique canadiens)

TEER Category

TEER Category  means a category representing the level of training, formal education and experience required to gain entry into an occupation, and the responsibilities related to the occupation, as set out in the National Occupational Classification. (catégorie FÉER)

work

work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. (travail)

work permit

work permit  means a written authorization to work in Canada issued by an officer to a foreign national. (permis de travail)

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Marginal note:Class

• 75 (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are 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:Skilled workers

  (2) A foreign national is a skilled worker if

  • (a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation that they identified in their application as their primary occupation, other than a restricted occupation, that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

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  • (e) they have submitted one of the following:

    • (i) their Canadian educational credential, or

• Marginal note:If professional body designated

  (2.1) If a professional body has been designated under subsection (4) in respect of the occupation identified by the foreign national in their application as their primary occupation, the foreign diploma, certificate or credential submitted by the foreign national must be relevant to that occupation and the equivalency assessment — which must be less than five years old on the date on which their application is made and must be issued by the designated professional body — must establish that the foreign diploma, certificate or credential is equivalent to the Canadian educational credential required to practise that occupation in at least one of the provinces in which the equivalency assessments issued by this professional body are recognized.

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• (4) For the purposes of paragraph (2)(e) and subsection (2.1), the Minister may designate, for a period specified by the Minister, any organization or institution to be responsible for issuing equivalency assessments

  • (a) if the organization or institution has the recognized expertise to assess the authenticity of foreign diplomas, certificates and credentials and their equivalency to Canadian educational credentials; and

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• Definition service agreement

  (6) For the purpose of subsection (7), service agreement means an agreement concluded between the Government of Canada and an organization or institution for the purpose of having the organization or institution supply the service of assessing the authenticity of foreign diplomas, certificates and credentials and their equivalency to Canadian educational credentials.

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• Marginal note:Conclusive evidence

  (8) For the purposes of paragraph (2)(e), subsection (2.1) and section 78, an equivalency assessment is conclusive evidence that the foreign diplomas, certificates or credentials are equivalent to Canadian educational credentials.

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Marginal note:Criteria

• 74 (1) For the purposes of paragraphs 75(2)(d), 79(3)(a), 87.1(2)(d) and (e), 87.2(3)(a) and 87.3(2)(f), the Minister shall fix, by class prescribed by these Regulations or by occupation, and make available to the public, minimum language proficiency thresholds on the basis of

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  • (c) the potential, taking into account the applicants’ linguistic profiles and economic and other relevant factors, for the establishment in Canada of applicants under the federal skilled worker class, the Canadian experience class, the federal skilled trades class and the Atlantic immigration class.

• Marginal note:Minimum language proficiency thresholds

  (2) The minimum language proficiency thresholds fixed by the Minister shall be established in reference to the benchmarks described in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens.

• (3) The Minister may designate, for any period he or she specifies, any organization or institution to be responsible for evaluating language proficiency and approve the language test to be used to evaluate that proficiency if the organization or institution

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  • (b) has provided the Minister with an equivalency between its language test results and the benchmarks set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as the case may be.

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• Marginal note:Conclusive evidence

  (7) The results of an evaluation of language proficiency by a designated organization or institution using an approved language test are conclusive evidence of an applicant’s language proficiency in respect of the federal skilled worker class, the Canadian experience class, the federal skilled trades class or the Atlantic immigration class, as the case may be.

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