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

Regulations are current to 2019-11-19 and last amended on 2019-08-15. Previous Versions

PART 6Economic Classes (continued)

DIVISION 1Skilled Workers (continued)

Federal Skilled Workers (continued)

Definition of arranged employment

  •  (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • Marginal note:Arranged employment (10 points)

    (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and

    • (a) the skilled worker is in Canada and holds 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, holds a valid work permit or is authorized to work in Canada under section 186 and

      • (i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to the skilled worker’s employment with their current employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix 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,

      • (ii) the skilled worker is working for an employer specified on the work permit, and

      • (iii) that employer has offered arranged employment to the skilled worker;

    • (b) the skilled worker is in Canada and holds a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and 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, holds a valid work permit or is authorized to work in Canada under section 186 and

      • (i) the skilled worker is working for an employer specified on the work permit,

      • (ii) that employer has offered an arranged employment to the skilled worker, and

      • (iii) the skilled worker has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;

    • (c) the skilled worker does not hold a valid work permit, is not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

      • (i) an employer has offered arranged employment to the skilled worker, and

      • (ii) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of the employer or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met; or

    • (d) on the date on which their application for a permanent resident visa is made and on the date on which the visa is issued, the skilled worker holds a valid work permit or is authorized to work in Canada under section 186 and

      • (i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply,

      • (ii) the circumstances referred to in paragraph (b) do not apply, and

      • (iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

  • SOR/2004-167, s. 30
  • SOR/2010-172, s. 5
  • SOR/2012-274, s. 11
  • 2013, c. 40, s. 237
  • SOR/2013-245, s. 1
  • SOR/2015-144, s. 1
  • SOR/2015-147, s. 1
  • SOR/2016-298, s. 6

Marginal note:Adaptability (10 points)

  •  (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

    • (a) for the language proficiency of the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, in either official language, evaluated at at least benchmark level 4 for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and demonstrated by the results of a language test that is approved under subsection 74(3) from an organization or institution designated under that subsection, which results must be less than two years old on the date on which the application for a permanent resident visa is made, 5 points;

    • (b) for a period of full-time study in Canada by the skilled worker of at least two academic years in a program of at least two years in duration whether or not they obtained an educational credential for completing the program and during which period they remained in good academic standing as defined by the institution, 5 points;

    • (b.1) for a period of full-time study in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, of at least two academic years in a program of at least two years in duration whether or not the accompanying spouse or common-law partner obtained an educational credential for completing the program, and during which period the accompanying spouse or common-law partner remained in good academic standing as defined by the institution, 5 points;

    • (c) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, 10 points;

    • (c.1) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, 5 points;

    • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points; and

    • (e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.

  • Marginal note:Full-time study

    (2) For the purposes of paragraphs (1)(b) and (b.1), full-time study means at least 15 hours of instruction per week during the academic year, authorized under a study permit or under section 188, at a secondary or post-secondary institution in Canada that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions, including any period of training in the workplace that forms part of the course of instruction.

  • (3) and (4) [Repealed, SOR/2012-274, s. 12]

  • Marginal note:Family relationships in Canada

    (5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if

    • (a) the skilled worker or the skilled worker’s accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is 18 years or older, a Canadian citizen or permanent resident living in Canada and who is

      • (i) their father or mother,

      • (ii) the father or mother of their father or mother,

      • (iii) their child,

      • (iv) a child of their child,

      • (v) a child of their father or mother,

      • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

      • (vii) a child of the child of their father or mother.

    • (b) [Repealed, SOR/2012-274, s. 12]

  • SOR/2012-274, s. 12
  • SOR/2014-140, s. 3
  • SOR/2016-298, s. 7
Requirements

 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

 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

 [Repealed, SOR/2019-174, s. 8]

 
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