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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 6Economic Classes (continued)

DIVISION 1Skilled Workers (continued)

Federal Skilled Workers (continued)

Marginal note:Conformity — applicable times

 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued.

  • SOR/2012-274, s. 7
Selection Grid

Marginal note:Education (25 points)

  •  (1) Points shall be awarded, to a maximum of 25, for a skilled worker’s Canadian educational credential or equivalency assessment submitted in support of an application, as follows:

    • (a) 5 points for a secondary school credential;

    • (b) 15 points for a one-year post-secondary program credential;

    • (c) 19 points for a two-year post-secondary program credential;

    • (d) 21 points for a post-secondary program credential of three years or longer;

    • (e) 22 points for two or more post-secondary program credentials, one of which must be a credential issued on completion of a post-secondary program of three years or longer;

    • (f) 23 points for a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required; and

    • (g) 25 points for a university-level credential at the doctoral level.

  • Marginal note:More than one educational credential

    (2) For the purposes of subsection (1), points

    • (a) except as set out in paragraph (1)(e), shall not be awarded cumulatively on the basis of more than one educational credential; and

    • (b) shall be awarded on the basis of the Canadian educational credentials or equivalency assessments submitted in support of an application for a permanent resident visa that result in the highest number of points.

  • SOR/2010-195, s. 5(F)
  • SOR/2012-274, s. 7

Marginal note:Official languages

  •  (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.

  • SOR/2004-167, s. 29
  • SOR/2008-253, s. 7
  • SOR/2010-195, s. 6(F)
  • SOR/2011-54, s. 1
  • SOR/2012-274, ss. 7, 8
  • SOR/2016-298, s. 5

Marginal note:Experience (15 points)

  •  (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:

    • (a) 9 points for one year of work experience;

    • (b) 11 points for two to three years of work experience;

    • (c) 13 points for four to five years of work experience; and

    • (d) 15 points for six or more years of work experience.

  • Marginal note:Listed occupation

    (2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • Marginal note:Occupational experience

    (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

    • (a) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

    • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

  • Marginal note:Work in excess

    (4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.

  • Marginal note:Classification code

    (5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.

  • Marginal note:Officer’s duty

    (6) An officer is not required to consider occupations that have not been specified in the application.

  • (7) [Repealed, SOR/2012-274, s. 9]

  • SOR/2010-195, s. 7
  • SOR/2012-274, s. 9

Marginal note:Age (12 points)

 Points shall be awarded, up to a maximum of 12, for a skilled worker’s age on the date on which their application is made, as follows:

  • (a) 12 points for a skilled worker 18 years of age or older but less than 36 years of age;

  • (b) 11 points for a skilled worker 36 years of age;

  • (c) 10 points for a skilled worker 37 years of age;

  • (d) 9 points for a skilled worker 38 years of age;

  • (e) 8 points for a skilled worker 39 years of age;

  • (f) 7 points for a skilled worker 40 years of age;

  • (g) 6 points for a skilled worker 41 years of age;

  • (h) 5 points for a skilled worker 42 years of age;

  • (i) 4 points for a skilled worker 43 years of age;

  • (j) 3 points for a skilled worker 44 years of age;

  • (k) 2 points for a skilled worker 45 years of age;

  • (l) 1 point for a skilled worker 46 years of age; and

  • (m) 0 points for a skilled worker under 18 years of age or 47 years of age or older.

  • SOR/2012-274, s. 10
 
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