Immigration and Refugee Protection Regulations

Definition skilled trade occupation

• 87.2 (1) In this section, skilled trade occupation means an occupation, unless the occupation has been designated a restricted occupation by the Minister, in the following categories listed in Skill Level B of the National Occupational Classification matrix:

  • (a) Major Group 72, industrial, electrical and construction trades;

  • (b) Major Group 73, maintenance and equipment operation trades;

  • (c) Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production;

  • (d) Major Group 92, processing, manufacturing and utilities supervisors and central control operators;

  • (e) Minor Group 632, chefs and cooks; and

  • (f) Minor Group 633, butchers and bakers.

• 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

  • (a) following an evaluation by an organization or institution designated under subsection 74(3), they meet the threshold fixed by the Minister under subsection 74(1) for proficiency in either English or French for each of the four language skill areas;

  • (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

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

    • (ii) a substantial number of the main duties listed in the description of the occupation set out in the National Occupational Classification, including all of the essential duties;

  • (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 authority in the skilled trade occupation specified in the application,

    • (ii) they are in Canada and hold a work permit that is valid on the date on which their application 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 by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation,

      • (B) they are working for any employer specified on the work permit, and

      • (C) they have an offer of employment — for continuous full-time work for a total of at least one year 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 — that is made by up to two employers who are specified on the work permit, none of whom is 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), subject to the visa being issued to the foreign national,

    • (iii) they are in Canada and hold a work permit referred to in paragraph 204(a) or (c) — that is valid on the date on which their application is received — 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 the circumstances referred to in clauses (ii)(B) and (C) apply,

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

      • (A) up to two employers, none of whom is 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), have made an offer of employment to the foreign national in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year, subject to the visa being issued to them, and

      • (B) an officer has approved the offer for full-time work — based on an 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 up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and

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

      • (A) the circumstances referred to in clauses (ii)(B) and (C) and subparagraph (iii) do not apply, and

      • (B) the circumstances referred to in clauses (iv)(A) and (B) apply.

• Marginal note:Substitution of officer’s evaluation

  (4) If the requirements referred to in subsection (3), whether or not they are met, are not sufficient indicators of whether the foreign national will become economically established in Canada, an officer may substitute their evaluation for the requirements. This decision requires the concurrence of another officer.

• 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.