Immigration to Canada as a Skilled Worker

Taiwo Olalere, B.A., LL.B.
Canadian Immigration Lawyer
olalere@canadianimmigrationlawyer.com

Have you thought about immigrating to Canada and making a better life for yourself and your family? You are not alone. According to Citizenship and Immigration Canada, over 235,000 people arrived in Canada and became permanent residents in 2004.

One of the categories under which a prospective applicant can immigrate to Canada as a Permanent Resident is the skilled worker category.

Applicants are assessed against six selection criteria and awarded points. In order to qualify to immigrate to Canada under the skilled worker category, the principal applicant must be awarded 67 points out of 100 points by the immigration officer at the Canadian High Commission.

The six criteria against which applicants are measured against are education, official language proficiency, work experience, age, arranged employment, and adaptability. In addition, if an applicant does not have arranged employment, he/she must have settlement funds.

Each of these selection criteria is explained below.

EDUCATION

The maximum score a principal applicant can earn under this selection criterion is 25 points.

In determining the points to award under this selection criterion, an immigration officer has to assess the highest level of educational credential completed and the total number of years of full time education or full time equivalent that an applicant has completed at the time the application is made.

For example, John Amadi completed six years of primary school and six years of secondary school in Nigeria. He went on to complete a four-year bachelor’s degree at Igbinedon University. Under the education selection criteria, he would be awarded 20 points. This is because he has a university degree of two years or more at the bachelor’s level, combined with at least 14 years of full time study.

OFFICIAL LANGUAGE PROFICIENCY

The maximum score a principal applicant can earn under this selection criterion is 24 points.
The two official languages in Canada are English and French. The immigration officer will assess the principal applicant’s proficiency in the official languages. The points scored by the principal applicant depends on his/her language proficiency level: basic, moderate or high abilities in English and or French. A principal applicant is assessed on his or her ability to:
listen;
speak;
read; and
write.
Proficiency is established in one of two ways. The first way is to take an approved test. The other way is to provide written evidence of proficiency in the language.

If the principal applicant decides to take an approved test, the results are conclusive of the principal applicant’s proficiency in the language or languages. For example, the immigration officer must award the maximum points if the applicant’s test results indicate that the principal applicant is highly proficient. The immigration officer has no discretion.

On the other hand, if principal applicant elects to provide written evidence instead of taking the approved test, they would need to establish their proficiency through the provision of written evidence. The type of written documents provided will depend on the personal circumstances of each principal applicant. Based on the written documentation submitted to the Canadian High Commission, the immigration officer will determine how many points to award. Hence, there is an element of discretion in this respect.

There are pros and cons to taking either of the two approaches. It depends on the circumstances of the principal applicant.

WORK EXPERIENCE

The maximum score a principal applicant can earn under this selection criterion is 21 points.
This is a mandatory requirement. A principal applicant must have one or more years of full time paid work experience in one of the occupations listed in the National Occupation Classification document. The principal applicant’s work experience must fall within the category of Skill Type 0, or Skill Level A or B on the Canadian National Occupational Classification. These are the occupations where the Canadian government, among other things, believes have labour market shortages.

The work experience acquired must fall within the 10 years preceding the date of the application. If the applicant does not have the required work experience, he or she would not qualify under the skilled worker category.

AGE

The maximum score a principal applicant can earn under this selection criterion is 10 points.
A principal applicant that is 21 years old up to 49 years old will score the 10 maximum points. If a principal applicant is less than 21 years old, 2 points will be deducted for each year under 21. If a principal applicant is 50 years old or over, 2 points will be deducted for each year over 49. For example, an applicant that is 51 years old will score 6 points.

ARRANGED EMPLOYMENT

The maximum score a principal applicant can earn under this selection criteria is 10 points.
Generally speaking, a principal applicant that has a valid, genuine, permanent full time job offer from a Canadian employer that has HRDC confirmation from the Canadian government will be awarded 10 points.

Most principal applicants may not have arranged employment. It is not compulsory that a principal applicant have arranged employment.

ADAPTABILITY

The maximum score a principal applicant can earn under this selection criterion is 10 points.
If the principal applicant has a spouse who has educational credentials, he or she may score some points under adaptability. Furthermore, if the principal applicant or the spouse or common law partner of the principal applicant has worked in Canada before or studied in Canada before, additional points may be earned.

In addition, if the principal applicant or the principal applicant’s spouse or common law partner has a relative living in Canada who is a Canadian or permanent resident, additional points will be earned. Relatives are parents, grandparents, children, grand children, siblings, aunts, uncles, nieces, or nephews.

SETTLEMENT FUNDS

Where a principal applicant does not have arranged employment (previously explained above), they must show proof that they have settlement funds to support themselves and their dependants when they arrive in Canada. For example, an up to date bank statement showing sufficient funds is usually required.

The current amount required as settlement funds will vary depending on the family size of the principal applicant. The settlement funds must be transferable and available, unencumbered by debts or other obligations.

This article was written by Taiwo Olalere a Canadian immigration lawyer. He is a member of the Canadian Bar Association, Law Society of Upper Canada & County of Carleton Law Association. Contact him at olalere@canadianimmigrationlawyer.com or through his web site at www.canadianimmigrationlawyer.com

Please note that the content provided in this publication is general information only. It is not intended as nor should it be regarded or relied upon as legal advice or opinion. You should consult with a Canadian immigration lawyer for specific advice on your situation. Please note as well that the presentation of information in this publication or your use or reliance upon the information above does not establish a lawyer-client relationship between you and Olalere Law Office and any person associated or working for Olalere Law Office.

Applying for a Canadian Study Permit

Taiwo Olalere, B.A., LL.B.
Canadian Immigration Lawyer
olalere@canadianimmigrationlawyer.com

Are you thinking of pursuing your post secondary education overseas? Well, you are not alone. Many people leave their country of origin to pursue studies overseas for various reasons. These reasons include but are not limited to the following: political instability in the country of origin, poor quality of educational facilities and rampant school strikes. This has resulted in millions of people leaving their country to study overseas.

Each year, Canada grants temporary entry to over 130, 000 foreign students to attend Canadian educational institutions. This is not surprising given that Canada offers foreign students a high quality education, competitive foreign tuition fees, and a low crime rate when compared to other destinations such as United States, United Kingdom, or Australia.

The tragic event of September 11 and the imposition of stringent security barriers in the United States has also made Canada a destination of choice.

For prospective students, the process of applying for a Canadian study permit can be cumbersome when they fail to observe the requirements of Canada’s Immigration and Refugee Protection Act and its regulations. This article seeks to provide general information on some of the key areas concerning application for Canadian study permit.

ACCEPTANCE AT A CANADIAN EDUCATIONAL INSTITUTION

Under Canada’s immigration law, an applicant for a study permit must establish that he/she has been accepted into a program at a Canadian educational institution. This is established through a written documentation from the educational institution at which they intend to study. The written documentation can be either an unconditional letter of acceptance or a conditional letter of acceptance. Unless there is serious doubt as to whether registration will be allowed, Citizenship and Immigration Canada treats these two kinds of letters of acceptance the same way.

Problems can arise in situations where the past record of an educational institution is questionable.

FINANCIAL RESOURCES/FINANCIAL SUFFICIENCY

An applicant must establish that they have sufficient and available financial resources, without working in Canada, to pay

a) their tuition fees for the course or program of studies they intend to pursue,
b) maintain themselves and any family members who is accompanying them to Canada and
c) pay the costs of transporting themselves and their accompanying family members to and

from Canada.

The type of evidence provided by an applicant to establish sufficiency and availability of financial resources may differ depending on the applicant’s personal circumstances or situation. Examples of this may include bank statements from the applicant and / or sponsor, statutory declaration of willingness and ability to support from the sponsor, etc.


INTENTION TO LEAVE CANADA AT THE END OF PERIOD AUTHOURISED FOR STUDIES

This is usually the most problematic area for most applicants.

The first thing one has to first bear in mind is that a study permit is issued for a temporary purpose i.e. to study for an authorised period in Canada. After the completion of the program of studies, an applicant is required to depart Canada.

Applicants therefore, must be able to establish that they have the intention to leave Canada at the end of their authorised period of studies. The onus is on the applicant to establish to the immigration officer that the purpose for which he/she is seeking entry to Canada is temporary. The immigration officer will assess the application and supporting documentations to determine if the applicant has sufficient ties to his / her home country. Ties to home country may include family members, business interest or employment, real property, etc.

INADMISSABLE GROUNDS

In order for an application for a study permit to be successful, the applicant must not be inadmissible to Canada. Applicants can be found inadmissible for reasons such as medical inadmissibility, serious criminality, organized criminality, security grounds, human or international rights violations, financial reasons or misrepresentation.

OTHER

Applicants have to keep in mind that immigration staffs are overwhelmed by the volume of various applications for temporary resident visas and permanent residence received at Canadian High Commissions. Hence, applicants should make sure their application for study permits, including supporting documents is complete before submitting them. If they are unsure of the process, it is better to seek the advice of a Canadian immigration lawyer.

This article was written by Taiwo Olalere a Canadian immigration lawyer. He is a member of the Canadian Bar Association, Law Society of Upper Canada & County of Carleton Law Association. Contact him at olalere@canadianimmigrationlawyer.com or through his web site at http://www.canadianimmigrationlawyer.com/
Please note that the content provided in this publication is general information only. It is not intended as nor should it be regarded or relied upon as legal advice or opinion. You should consult with a Canadian immigration lawyer for specific advice on your situation. Please note as well that the presentation of information in this publication or your use or reliance upon the information above does not establish a lawyer-client relationship between you and Olalere Law Office and any person associated or working for Olalere Law Office.