ICCRC CAN-APPLN-PR Skilled Worker-Married and Dependents
1. Do I qualify for a Canada Immigration Visa under the Federal Skilled Worker category?
To be eligible for a Canada Immigration (Permanent Resident) Visa under the Skilled Worker category, you must:
- Have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in one of 50 eligible occupations; or
- Qualify for Arranged Employment with a Labour Market Opinion; or
- Have completed a PhD from a recognized institution in Canada; or
- Have completed 2 years of study at a recognized institution in Canada towards a PhD;
- Have sufficient funds for settlement in Canada; and
- Pass a minimum threshold of language ability for one of Canada’s two official languages (English/French).
In addition, Canada Federal Skilled Worker (Professional) applicants must attain at least 67 points based on Citizenship and Immigration Canada’s (CIC) immigration selection factors.
In addition, all applicants for a Canada Immigration Visa and their accompanying and non-accompanying dependents, under all categories of Canadian Immigration, must satisfy Canadian health and security/criminality requirements.
2. Can I still qualify as a Federal Skilled Worker if I do not have work experience in the 50 qualifying occupations?
In the event that you do not have any work experience in one of the 50 eligible occupations, you may also qualify if you have Arranged Employment in Canada, or have completed a PhD in Canada or two years of study in Canada towards the attainment of a PhD, and meet the 67-point pass mark.
3. May I be refused under the Skilled Worker category even if I score more than 67 points and have the appropriate work experience?
Yes, Canada accepts Skilled Workers based upon their ability to become economically established in Canada. If the Canadian Immigration Visa Officer concludes that you will not become economically established in Canada, the Canadian Immigration Visa Officer may use his or her negative discretion (referred to as substituted evaluation) and refuse your application even though you score at least 67 points. Moreover, an applicant may be inadmissible to Canada due to health or security issues, no matter how many point are rewarded under the Skilled Worker Category.
4. Can the Skilled Worker category pass mark change?
Currently, the pass mark under the Skilled Worker category is 67 points. Citizenship and Immigration Canada may raise or lower the pass mark without any advance notice. If you currently score at least 67 points, and otherwise qualify for a permanent resident visa, you would be well advised to submit your Canadian Immigration Application at the earliest.
5. What happens if the pass mark changes before I receive my Canada Immigration Visa?
Canadian Immigration law and regulations permit the Minister of Citizenship and Immigration Canada to change the pass mark and even to implement the change retroactively. Whether or not Citizenship and Immigration Canada will impose a pass mark change retroactively is a separate issue. The Federal Court of Canada has signaled its disfavor with the practice of retroactivity in Canadian Immigration matters.
It is important to note that many Canadian Immigration Visa Offices have their own specific requirements that must be respected in order to avoid having your application returned or delayed.
6. What documents must be included in support of my Application under the Federal Skilled Worker category?
Under the Federal Skilled Worker category, you must submit the following, in support of your application:
- Appropriate application forms, signed and completed;
- Appropriate Canadian government processing fees;
- Identity and civil status documents;
- Travel documents and passports;
- Evidence of education training/professional qualifications;
- Evidence of work experience;
- The IELTS and/or TEF results;
- Canadian educational credential assessment;
- Evidence of Arranged Employment, if applicable;
- Evidence of points claimed, if any, under the adaptability factor;
- Police certificates and clearances;
- Proof of settlement funds;
It is important to note that many Canadian Immigration Visa Offices have their own specific document requirements that must be respected in order to avoid having your application returned, delayed or even refused.
7. Under the Federal Skilled Worker category, when must I submit my supporting documents?
Under the Federal Skilled Worker category of Canadian Immigration, your initial submission to the Central Intake Office (CIO) in Sydney, Nova Scotia must include application forms, copy of your passport bio-data page, appropriate Canadian government processing fees in Canadian dollars payable to the Receiver General for Canada, as well as additional documents in relation to your civil status, education, work experience, educational credential assessment results and language proficiency as well as proof of sufficient settlement funds. Failure to include all of the aforementioned may result in a returned application.
If you are claiming points for Arranged Employment, you must also include a letter from your Canadian employer confirming that you will be employed indeterminately upon receiving your Canada Immigration (Permanent Resident) Visa along with a copy of the positive Labour Market Opinion issued by Human Resources and Social Development Canada (ESDC), or your Work Permit, or both, depending on the circumstances.
If you are an international student in Canada you must also include a copy of your Study Permit or other proof of your student status.