Siskinds Immigration Law - Canadian and American Immigration Lawyers

Skilled Worker (Independent Class) applications enable qualified applicants to apply for permanent residence in Canada without a job offer. These applications are processed on the basis that the applicant's education and work experience contribute to the Canadian economy. The vast majority of Canada's immigrants secure permanent residence as Skilled Workers.

On June 28, 2002 Citizenship and Immigration Canada enacted a new Skilled Worker program pursuant to the passage of the Immigration and Refugee Protection Act (IRPA) which has replaced the former Immigration Act. The new selection criteria and pass mark for Skilled Workers make it more difficult for most applicants to secure approval under this category. It is important to note that visa officers still retain the discretion under the IRPA to approve applications for individuals where the number of points awarded is not a "sufficient indicator of whether the skilled worker may become economically established in Canada". This is known as "positive discretion".

Canada's Skilled Worker application program utilizes a points-based selection system to assess applicants. At present, a total of 67 points are required in order to be approved for permanent residence as a Skilled Worker. This pass mark became effective in September, 2003. Applicants and any dependent family members must also pass a medical examination and security check to ensure their admissibility to Canada.

To determine if you or your spouse or common-law partner will qualify for permanent residence as a Skilled Worker, please complete our On-line Consultation Form.

The provisions of the IRPA require a visa or immigration officer to assess Skilled Worker applications against the following criteria:

Age (21 to 49 years old on date of application)*Applicants lose 2 points for each year over 49or under 21 10 points
Education Points range from 5 to 25 depending on the Applicant's education level.25 points
Language Proficiency Up to 16 points are awarded for Proficiency in the First Official language (English or French) and up to 8 points are awarded for proficiency in the Second Official language (English or French)24 points
Work Experience Points are awarded for full-time work experience or its equivalent part-time experience. Points are assessed up to a maximum of 4 years as follows:1 Year: 15 points, 2 Years: 17 points, 3 Years: 19 points, 4 Years: 21 points. Work experience must be in an occupation listed in Skill type 0 (Management) or Skill Levels A or B of the National Occupational Classification.21 points
Arranged Employment If an Applicant has a job offer in Canada which has been "validated" by the federal government (HRDC), 10 points are awarded. 10 points are also awarded to Applicants who are in Canada on Work Permits valid for at least 12 months.10 points
Adaptability Points are awarded based on an Applicant's spouse or partner's education level, an Applicant's employment history in Canada, an Applicant's previous period of study in Canada or for Applicant's who have qualifying relatives in Canada.10 points

Applicants must possess at least one (1) year of full-time work experience in a qualifying occupation in order to be eligible to submit an application for permanent residence under the Skilled Worker program. If you do not meet this requirement, you could consider your spouse or common-law partner's work experience background as an option.

For prospective applicants who possess insufficient points for work experience or other factors and who would like to attempt to locate employment in Canada and obtain a Work Permit (to score 10 points under Arranged Employment), please contact our affiliated job placement company, Porter Matthews Placement Services Inc., for information on our job search services.

Applications for permanent residence in the Skilled Worker class must be filed with the local full-processing Canadian Consulate, Embassy or High Commission having jurisdiction over your country of residence. If an interview is required in your case, you will be required to attend the interview either at the post where your application was filed or at the nearest satellite office.

Your application should be carefully prepared and presented so as to ensure that it meets the strict new regulatory criteria. Visa officers may refuse applications without an interview in the event they determine that an application fails to meet the Skilled Worker selection criteria as filed.

Processing times vary widely throughout the world. At present, applications for permanent residence filed by Skilled Workers take between nine (9) and thirty-six (36) months depending upon where the application is filed. Citizenship and Immigration Canada (CIC) has announced processing standards for Skilled Worker applications in the range of twelve (12) to eighteen (18) months. It is hoped that all posts, irrespective of their location, will soon be able to process Skilled Worker applications within twelve (12) to eighteen (18) months.

Yes. In all applications for permanent residence the principal applicant is permitted to include his or her legal dependents. The provisions of the IRPA permit applicants to include their legal spouses, common-law partners, same-sex partners, and children in their applications. Common-law and same-sex partners must be in a conjugal relationship with the principal applicant and must have lived together for at least one (1) year. Children are eligible as dependents provided they are under age twenty-two (22) and unmarried or, if over twenty-two (22), have been enrolled as full-time post-secondary students since attaining the age of twenty-two (22). In addition, children over age twenty-two (22) who suffer from a physical or mental condition and depend on their parents financially may also be included in the application.

The current government filing fees for Skilled Worker cases are $550 CAD for the principal applicant, $550 CAD for a spouse, common-law partner or child over age twenty-two (22), and $150 CAD for children under age twenty-two (22). In addition to these filing fees, all applicants over age 22 must pay a "Right of Permanent Residence Fee" to the government in the amount of $975 CAD following approval of their applications.

Please complete our On-line Consultation Form for a free assessment of your credentials. We will try to complete our assessment and respond to you by e-mail within forty-eight (48) hours of receiving your information.