On June 26, 2010, Citizenship and Immigration Canada (“CIC”) published revised Ministerial Instructions (the “Instructions”), which affect the Federal Skilled Worker (“FSW”) Program.
Annual Cap Imposed on Certain FSW Cases
According to the Instructions, a maximum of 20,000 FSW applications filed without an offer of arranged employment will be considered for processing each year. Within the 20,000 cap, a maximum of 1,000 FSW applications per National Occupational Classification (“NOC”) code will be considered for processing each year.
In calculating the caps, the applications will be considered in order of the date that they are received. In addition, for the unique purpose of calculating the caps, the first year will begin in June 26, 2010, and end on June 30, 2011. Subsequent years will be calculated from July 1 to June 30, unless otherwise modified in a future Ministerial Instruction.
Language Proficiency Assessment Required
According to the Instructions, all FSW applications received by the Central Intake Office in Sydney, NS, on or after June 26, 2010 must 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.
Revised Restrictions on Who May Apply under the FSW Program
On or after June 26, 2010, only the following applications will be accepted under the FSW:
- Applications submitted with an Arranged Employment Offer (“AEO”) consistent with the requirements of Subsection 82(2) of the Immigration and Refugee Protection Regulations (“IRPR”); or
- 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
No H&C Requests to Overcome Requirement of Ministerial 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.