NOTICE: On June 26, 2010, Citizenship and Immigration Canada ("CIC") published revised Ministerial Instructions (the "June 26 Instructions"), which affected the Federal Skilled Worker ("FSW") Program. According to the June 26 Instructions, a maximum of 20,000 FSW applications filed without an offer of arranged employment would be considered for processing each year. Within the 20,000 cap, a maximum of 1,000 FSW applications for each of the 29 National Occupational Classification ("NOC") codes listed would be considered for processing each year.

On June 24, 2011, CIC announced further revisions to the June 26, Instructions. As of July 1, 2011, FSW applicants who do not have an offer of employment in Canada will now be limited to a total cap of 10,000 a year and a sub-cap of 500 per year for each of 29 listed NOC codes.

In calculating the caps, the applications are considered in the order that they are received. In addition, for the unique purpose of calculating the caps, the first year began on June 26, 2010, and ended on June 30, 2011. Subsequent years are to be calculated from July 1 to June 30, unless otherwise modified in a future Ministerial Instruction.

As of June 26, 2010, all FSW applications received by the Central Intake Office in Sydney, NS, must also be accompanied by the results of the principal applicant's English or French language proficiency assessment. Only test results from a third party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will be accepted.

As of June 26, 2010, only the following applications may be accepted under the FSW:

1. Applications submitted with an Arranged Employment Offer ("AEO") consistent with the requirements of Subsection 82(2) of the Immigration and Refugee Protection Regulations ("IRPR") [SOR/2002-227]; or
2. Applications from skilled workers with evidence of experience in the last 10 years under one or more of the following NOC codes:
   • 0631 Restaurant and Food Service Managers
   • 0811 Primary Production Managers (Except Agriculture)
   • 1122 Professional Occupations in Business Services to Management
   • 1233 Insurance Adjusters and Claims Examiners
   • 2121 Biologists and Related Scientists
   • 2151 Architects
   • 3111 Specialist Physicians
   • 3112 General Practitioners and Family Physicians
   • 3113 Dentists
   • 3131 Pharmacists
   • 3142 Physiotherapists
   • 3152 Registered Nurses
   • 3215 Medical Radiation Technologists
   • 3222 Dental Hygienists & Dental Therapists
   • 3233 Licensed Practical Nurses
   • 4151 Psychologists
   • 4152 Social Workers
   • 6241 Chefs
   • 6242 Cooks
   • 7215 Contractors and Supervisors, Carpentry Trades
   • 7216 Contractors and Supervisors, Mechanic Trades
   • 7241 Electricians (Except Industrial & Power System)
   • 7242 Industrial Electricians
   • 7251 Plumbers
   • 7265 Welders & Related Machine Operators
   • 7312 Heavy-Duty Equipment Mechanics
   • 7371 Crane Operators
   • 7372 Drillers & Blasters — Surface Mining, Quarrying & Construction
   • 8222 Supervisors, Oil and Gas Drilling and Service

According to the June 26 Instructions, requests made on the basis of Humanitarian and Compassionate grounds that accompany a FSW application not identified for processing under the Instructions will not be processed.

General

In the United States, there are only a few opportunities for potential immigrants to petition themselves for permanent residence. In Canada, all immigrant categories (except family immigration) permit potential immigrants to sponsor themselves as landed immigrants.

The most common category immigrant category is the independent category. Independent applicant cases are processed on the basis of the applicant's individual skills and the likelihood that they will contribute to the Canadian economy.

It should be mentioned that the Quebec government has exclusive control over the selection of independent applicants who seek to settle in the Province of Quebec. Such applicants should file their applications with immigrations officials for the Province of Quebec. Quebec has established its own selection criteria and place a greater emphasis on French speaking ability. Once Quebec has determined that the applicant meets is provincial selection standards, the case is referred to the Federal government for assessment of any other grounds of inadmissibility. Quebec immigration is not discussed at this site.

Independent applications applying for residence in Canada (other than in Quebec) are processed using the "points system". Under this system, the applicant is awarded points based on various factors which assess his or her ability to make a positive contribution to Canada.

IRPR permits a person who is being sponsored for landing in Canada to bring his or her accompanying dependents. Dependents would include the spouse, common-law partner, conjugal partner, or dependent children of the principal applicant. [These terms are defined in the family class article.]

Minimum Points Required for Eligibility

The Canadian Immigration and Refugee Protection Act ("IRPA") [S.C. 2001, c. 27] became law on June 28, 2002. The new law replaces the 25 year old Canadian Immigration Act. The IRPA applies to all applications and proceedings that are pending or in progress before June 28, 2002. The new law substantially changed the Canadian immigration laws. During the transitional period, the following criteria were supposed to apply:

1. Applicants who have applied before January 1, 2002 and have not received a selection decision by March 31, 2003, would be evaluated under the new criteria with a pass mark of 70 points; and

2. Applicants who have applied on or after January 1, 2002 and did not receive a selection decision by June 28, 2002 would be evaluated under the new criteria with a pass mark of 75 points.

On September 18, 2003, the Minister of Citizenship and Immigration Canada announced that all new skilled worker applicants and those currently in the system who had not yet received a selection decision would be assessed with a pass mark of 67. This new pass mark became effective on the date of the announcement.

Selection Criteria

The following selection criteria are considered in an independent case:

1. Education;

2. Experience;

3. Arranged Employment;

4. Age;

5. Language; and

6. Adaptability.

Each of these selection criteria are discussed in greater detail below.

Education

A maximum of 25 points can be awarded for education. Points are awarded for education in the following manner:

1. Applicants with a university educational credential at the master's or doctoral level AND a total of at least 17 years of completed full-time or full-time equivalent studies would obtain 25 points;

2. Applicants with two or more university educational credentials at the bachelor's level AND a total of at least 15 years of completed full-time or full-time equivalent studies would obtain 22 points;

3. Applicants with a three-year post-secondary educational credential, other than a university educational credential, AND a total of at least 15 years of completed full-time or full-time equivalent studies would obtain 22 points;

4. Applicants with a two-year university educational credential at the bachelor's level AND a total of at least 14 years of completed full-time or full-time equivalent studies would obtain 20 points;

5. Applicants with a two-year post-secondary educational credential, other than a university educational credential, AND a total of at least 14 years of completed full-time or full-time equivalent studies would obtain 20 points;

6. Applicants with a one-year university educational credential at the bachelor's level AND a total of at least 13 years of completed full-time or full-time equivalent studies would obtain 15 points;

7. Applicants with a one-year post-secondary educational credential, other than a university educational credential, AND a total of at least 13 years of completed full-time or full-time equivalent studies would obtain 15 points;

8. Applicants with a one-year post-secondary educational credential, other than a university educational credential, AND a total of at least 12 years of completed full-time or full-time equivalent studies will obtain 12 points;

9. Applicants with a completed secondary school educational credentials will obtain 5 points.

The term "full-time" means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. The term "full-time equivalent" means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis.

Experience

The points given for experience are calculated after considering the number of years of experience (up to a maximum of 4 years) the applicant has worked. The maximum points which can be awarded for experience is 21.

Applicants with one year of working experience will obtain 15 points.

Applicants with two years of working experience will obtain 17 points.

Applicants with three years of working experience will obtain 19 points.

Applicants with four years of working experience will obtain 21 points.

Applicants are awarded selection points for the number of years they have spent in full-time, paid work. Each job must be listed in the Skill Type 0 or Skill Levels A or B in the NOC. [See our web links page for a link to the NOC]

In addition, in order to be awarded selection points, the job must not be in a restricted occupation. The term "restricted occupation" is defined as "an occupation designated as a restricted occupation by the Minister, taking into account labor market activity on both an area and a national basis, following consultation with the Department of Human Resources Development, provincial governments, and any other relevant organizations or institutions." However, there are currently no designated restricted occupations.

Arranged Employment

Applicants who have a confirmed offer of permanent employment from Human Resources Development Canada ("HRDC") will receive 10 points. However, in order to receive these 10 points, the following must apply:

1. The applicant must have a full-time job offer that has been confirmed by HRDC [HRDC will confirm job offers in occupations listed in Skill Type 0, Skill Level A or B of the NOC];
2. The employer must have made an offer to give the applicant a permanent job; and
3. The applicant must meet any Canadian licensing or regulatory standards required for the job.

Applicants who are applying from within Canada and have a temporary work permit that is either:

1. Confirmed by the HRDC, including sectoral confirmations; or
2. Exempt from HRDC-confirmation requirements under NAFTA, GATS, CCFTA, significant economic benefit (i.e. intra-company transferee);

will receive 10 points. However, in order to receive these 10 points, the work permit must be valid for 12 or more months after the applicant applies for a permanent resident visa and the employer must have made an offer to give the applicant a permanent job.

Age

If a person is between the ages of 21 and 49, the applicant receives 10 points. Two units are deducted for each year under 21 or over 49.

Language

A maximum of 24 points are awarded based on fluency in either or both of the official languages (English and French). Points are first given based on the ability to listen, speak, read and write in either official languages.

For the first language, an applicant is given 4 points for their ability to listen, read, write and speak at a high proficiency level in each of the ability areas. If the applicant reads, listens, writes and speaks at a moderate proficiency, 2 points are awarded in each ability category. If the applicant reads, listens, writes and speaks with a basic proficiency 1 to 2 points are awarded. A maximum of 16 points are awarded for the applicants first language category. This is demonstrated on the following chart:

High Proficiency (per ability)	4
Moderate Proficiency (per ability)	2
Basic Proficiency (per ability)	1 to maximum of 2
No Proficiency	0
Maximum Possible (all 4 abilities)	16

If the applicant is knowledgeable of the second official language, points are given using the same analysis except that only 2 credits each are given for reading, listening, writing and speaking at a high to moderate proficiency level and 1 to 2 points is given for reading, listening, writing and speaking at a basic proficiency level. No credits are given where the applicant reads, listens, writes or speaks the second language with no proficiency. A maximum of 8 points will be awarded for the applicant's ability to speak, listen, read and write in their second official language. This is demonstrated on the following chart:

High Proficiency (per ability)	2
Moderate Proficiency (per ability)	2
Basic Proficiency (per ability)	1 to maximum of 2
No Proficiency	0
Maximum Possible (all 4 abilities)	8

According to the IRPR, applicants may establish their language skills in the following manner:

1. Taking an official language test by an approved organization; or
2. Providing other written documentation.

However, as a result of the Instructions (mentioned above), it is no longer possible to establish English or French ability by providing written proof of language ability.

Only test results from a third party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will now be accepted. The approved English language testing organization is the International English Language Testing System ("IELTS"). The approved French language testing organization is Test d’évaluation de français ("TEF").

The Instructions are likely ultra vires because they may not supercede the IRPR. However, until the issue is resolved through judicial review or a subsequent revision to the Instructions, CEC applicants will have no choice but to submit language test results.

Adaptability

Adaptability selection points are awarded if the applicant show that the applicant or his/her dependants will adapt easily to living in Canada. Applicants may receive a maximum of 10 points under the adaptability category.

An applicant, his or her spouse, or common-law partner may only count points from each category once. In other words, if both the applicant and his or her spouse are eligible for selection points under a particular category, selection points will only be awarded for one of them. The breakdown of the adaptability categories is shown by the following chart:

Spouse or common-law partner's level of education: Secondary school (high school) diploma or less: 0 points A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies: 3 points A two or three-year diploma, trade certificate, apprenticeship, or university degree and at least 14 years of full-time or full-time equivalent studies: 4 points A Master's Degree or PhD and at least 17 years of full-time or full-time equivalent studies: 5 points	3-5
Previous study in Canada: The applicant, or accompanying spouse or common-law partner, must have completed a program of full-time study of at least two year's duration at a post-secondary institution in Canada. This must have been done after the person reached 17 years or age old and with a valid student authorization. There is no need to have obtained an educational credential for these two years of study to earn these selection points.	5
Previous work in Canada: The applicant, or accompanying spouse or common-law partner, must have completed a minimum of one year of full-time work in Canada on a valid work permit.	5
Arranged employment: The applicant, or accompanying spouse or common-law partner, can claim five additional points if he or she has arranged employment.	5
Relatives in Canada: If the applicant, or accompanying spouse or common-law partner, has a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew) who is residing in Canada and is a Canadian citizen or permanent resident, five additional points are awarded.	5