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Feb

2011

Changes Expected to the Federal Skilled Worker Program

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Citizenship and Immigration Canada (CIC) recently announced they are consulting with relevant stakeholders about changing various aspects of the Federal Skilled Worker Program. CIC is considering changing the number of points awarded in three of the six selection factors. CIC is also proposing changes to educational requirements and stricter rules for assessing the validity of Canadian job offers. According to CIC, these suggested changes are meant to reflect the current needs of the Canadian economy and enable immigrants to better integrate into the Canadian economy.

Points Changes in Selection Factors

Applicants will still be required to attain at least 67 points out of 100, in addition to meeting eligibility requirements, in order to qualify for the Federal Skilled Worker Program. CIC is proposing to change the maximum number of points applicants can receive in the following three selection factors: language, age, and work experience. Currently, applicants can receive a maximum of 24 points for their first and second official Canadian language, a maximum of 10 points for age if an applicant is between the ages of 21 and 49, and a maximum of 21 points for paid skilled work experience within the past 10 years.

i. Language

One proposed change would increase the number of points applicants can receive for a first official Canadian language (English or French) to 20 points, rather than the current 16. CIC is also considering establishing minimum language requirements for certain occupational skill levels. A higher minimum language requirement would be required for applicants with work experience in professional occupations, such as doctors, nurses, and engineers. Applicants with work experience in skilled trades would have a lower minimum language requirement.

ii. Age

CIC is proposing to increase the number of points in the age factor from 10 to a maximum of 12 points. Rather than maximum points being awarded until age 49, the suggested change will only allow applicants to gain maximum age points until the age of 35.

iii. Work Experience

CIC is proposing to lower the maximum points for work experience from 21 to 15 points and increase the years of experience required to obtain maximum points. CIC has noted that foreign work experience is not a strong indicator of success in the Canadian labour market and the additional points would be more beneficial in the language and age factor.

Other proposed changes

In order to make the Federal Skilled Worker Program more accessible to applicants with trade skills, CIC is proposing to reduce the number of years associated with education for those with a trade or non-university certificate. Currently, applicants who have a one year trade diploma must have also completed 13 years of full-time education in order to claim maximum points for that diploma under the education factor. Applicants who have a two year trade diploma must have completed 14 years and those with a three year trade diploma must have completed 15 years of education. If the proposed change is accepted, applicants with trade diplomas would be able to claim maximum points for their education with fewer years of full-time education.

CIC is also considering requiring applicants to prove their credentials are recognized by the appropriate Canadian authorities if their profession is regulated in Canada. For example, engineering is a regulated profession in Canada. Under the proposed change, any applicant who has work experience as an engineer would be required to have their credentials recognized by a Canadian professional licensing body before they submit their application for Canadian permanent residency.

Finally, CIC is proposing to establish clearer regulations for assessing employers and assessing whether a job offer is genuine. The Arranged Employment factor is an important aspect of the Federal Skilled Worker Program and CIC has noted that applicants who have Arranged Employment fare better upon arrival in Canada compared to those who do not have Arranged Employment. There have been numerous cases of fraudulent job offers from employers looking to exploit immigrants for money. With clearer guidelines for assessing job offers and employers, CIC is hoping to deter potential fraud.

Attorney David Cohen warns of a potential challenge with the proposed changes, “CIC will not be giving advanced warning of when these proposed changes will come into effect. If these changes are made to the program, applicants who are over the age of 35 and have lower language proficiency levels could have difficulties qualifying for the Federal Skilled Worker Program. If you qualify now for immigration under the current Federal Skilled Worker Program, you should submit your application as soon as possible as you may not qualify once the changes have been implemented.”

While CIC has not announced when they expect to change the Federal Skilled worker Program, Canadavisa.com and CICNews.com will report on any information as soon as it is revealed.

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