
Law Corporation
IMMIGRATION TO CANADA: Skilled
Worker
A Skill Worker must:
1. within the ten years preceding the date of application, have at least one year of continuous full-time employment experience, or the equivalent in part-time employment, in one or more occupations, other than a restricted occupation, at or above skill level B in the N.O.C.;
2. have performed the actions described in the lead statement for the occupation as set out in the N.O.C.;
3. have performed a substantial number of the main duties of the occupation as set out in the N.O.C., including all of the essential duties;
4. obtain the required point total when assessed on the basis of the following factors:
(i) education (total 25);
(ii) language skill in English and French (total for the first language is 16 and for the second language is 8);
(iii) experience (total 21);
(iv) age (total 10);
(v) arranged employment (total 10);
(vi) adaptability (total 10); and
5. have a required amount of available and transferrable funds, or have arranged employment within the meaning of R.82.
The current passing mark for a Skilled Worker is 75. Whether Skilled Worker does or does not receive the required number of points, an officer has the discretion under R.76(3) to substitute their evaluation of the Skilled Worker's ability to become established in Canada, if the points awarded are not a sufficient indicator.
NOTE:
The circumstances under which points can be awarded for arranged employment have been significantly broadened under the new Regulation. For example, 10 points would be awarded for arranged employment, plus 5 points for adaptability, if:
(i) an employer makes an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued; and
(ii) an officer has approved the offer based on an opinion provided by Human Resources Development Canada that:
(a) the offer is genuine;
(b) the employment is not part-time or seasonal; and
(c) wages and working conditions are sufficient to attract and retain Canadians.
North Tower, Oakridge Centre
# 728 - 650 W 41st Avenue
Vancouver, British Columbia
Canada V5Z 2M9
e-mail
pchapman@chapmanlaw.com
phone (604) 266-6294
fax (604) 266-2352
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