Canada Federal Skilled Worker Point Based Immigration Visa- Key Features

Canada Federal Skilled Worker – Understanding Point Based System

Canadian federal skilled workers applications are assessed against the points the applicants get under six selection factors. The applicant must get a minimum pass mark out of a maximum of 100 points.

The six selection factors are:

Factor 1 – Education

Maximum 25 points
Factor 2 – Ability in English and or French Maximum 24 points
Factor 3 – Experience Maximum 21 points
Factor 4 – Age Maximum 10 points
Factor 5 -Arranged employment in Canada Maximum 10 points
Factor 6 -Adaptability Maximum 10 points
Total Maximum 100 points

Education:

• Critical assessment areas relate to whether or not the applicants claimed educational credentials meet the definitional requirements of full time or full time equivalency.
• In addition, certain categories and nature of degree and diploma certifications and institutions are not recognized to claim relevant points or the actual points that will be credited by the department may actually be different from what the applicant may assume he should be credited with.
• In cases, where the qualifications have been earned through correspondence or distance education, the applicant should be able to prove how they meet the meet the definitional requirements of full time or full time equivalency as fixed by Citizenship and Immigration Canada.
• Finally the total numbers of years of education determine the actual points that the applicant can claim.

Ability in English and French

• Critical assessment areas relate to Applicants ability to ability in listening, speaking, reading and writing English and French.
• It is not compulsory that applicant must have any minimum knowledge and understanding of French language.
• In most case, the applicant meets the requirements of minimum pass mark against the points that he can claim against his English language skills vis-à-vis listening, speaking, reading and writing English.
• The applicant can prove his levels by undergoing an IELTS report and claim required points against the score that he gets under each of the identified skills.
• The applicant may file for Stage 1 of the process without an IELTS report.
• If approved for Stage 2, the applicant must file the application with an IELTS report. While the immigration regulations provides the applicant an option to claim the points against a write-up on claimed language proficiency, it is a highly subjective tool and leaves the decision discretion with the visa officer. It is author’s experience as an Immigration consultant that the decision given is mostly negative.
• It is therefore in interest of the applicant that he provides IELTS report as that is the objective language assessment tool that is identified by Immigration regulations and accepted by the Visa officers.
• Similar objective test procedures are available for those claiming the points for the French language proficiency as well.
• Only the principal applicant is required to undergo the IELTS test. It is not required that the spouse and dependent children must also undergo the IELTS test.

Experience

• The applicant should be able to prove that he has at least one year experience – during last ten years preceding filing of his application- in an occupation that forms part of the listed occupations.
• The applicant should otherwise have enough number of years of experience to claim enough points that will take him to his overall objective of achieving the minimum pass mark.
• The applicants should be able to prove his claimed duties and responsibilities are in line with the NOC definitional norms.

Age

• Age applicable on the date of lodgement of application will be applied for the purpose of computation of points.
• Only children who have not crossed 22 years can be part of the application as dependent and those above 22 years can be part of the application only if they are full time students.
• Date mentioned on Birth certificates, passport and educational certifications are referred documents as regards claimed age.

Arranged employment in Canada

The applicant can claim points under this heading if he has an offer of employment; such an offer is valid if the prospective Canadian employer

• has made an offer to hire him on an indeterminate basis if he is accepted as a federal skilled worker, and
• has obtained a positive Arranged Employment Opinion from HRSDC , which must be arranged by the employer
• And the applicant meets all required Canadian licensing or regulatory standards associated with the job.

Adaptability

• Spouse or common-law partner’s level of education
• Previous study in Canada
• Previous work in Canada
• Arranged employment
• Relatives in Canada

Important assessment issues – under the adaptability heading – that the author feels need careful consideration are followings:

• Follow careful review of spousal qualification in line with the Canadian qualifications and claim points in line with definitions for qualifications prescribed by Immigration regulations
• The applicant cannot claim points for first cousins and distant relations- uncle and aunt as blood relations
• If applicable, duration of the study period and experience in Canada are important considerations. As regards studies the institution where the applicant has done his Canadian studies from is also important.

Summary

The point system – as prescribed by Citizenship and immigration Canada looks simple and easy to understand. The visa officer will however, assess the claimed credentials and points against procedures and guidelines prescribed in operational guidelines and as per the immigration and refugees protection laws and accompanying regulations. Immigration is a life changing decision and it is important to have a holding hand of an experienced consultant to guide the applicant through the process.