Updated Ministerial Instructions Published
(New changes as of June 26, 2010)
Ministerial Instructions published in the Canada Gazette on June 26th have introduced changes to the Federal Skilled Worker program, the Canadian Experience Class and the Immigrant Investor Program.
Federal Skilled Worker
Citizenship and Immigration Canada (CIC) has announced significant changes to the processing of Federal Skilled Worker applications. These changes include:
>Removal of Category 3
Temporary foreign worker (TFW) or international student residing in Canada for one year and still in Canada (previously known as Category 3) can no longer apply under the Federal Skilled Worker program unles these individuals have an arranged employment offer pursuant to subsection 82(2) of the Immigration and Refugee Protection Regulations or have at least one year of continuous full time or equivalent paid work experience in the last ten years in at least one of the occupational categories identified in the Ministerial Instructions.
>Publication of 29 in demand occupation list:
•0631 Restaurant and Food Service Managers
•0811 Primary Production Managers (Except Agriculture)
•1122 Professional Occupations in Business Services to Management
•1233 Insurance Adjusters and Claims Examiners
•2121 Biologists and Related Scientists
•2151 Architects
•3111 Specialist Physicians
•3112 General Practitioners and Family Physicians
•3113 Dentists
•3131 Pharmacists
•3142 Physiotherapists
•3152 Registered Nurses
•3215 Medical Radiation Technologists
•3222 Dental Hygienists & Dental Therapists
•3233 Licensed Practical Nurses
•4151 Psychologists
•4152 Social Workers
•6241 Chefs
•6242 Cooks
•7215 Contractors and Supervisors, Carpentry Trades
•7216 Contractors and Supervisors, Mechanic Trades
•7241 Electricians (Except Industrial & Power System)
•7242 Industrial Electricians
•7251 Plumbers
•7265 Welders & Related Machine Operators
•7312 Heavy-Duty Equipment Mechanics
•7371 Crane Operators
•7372 Drillers & Blasters - Surface Mining, Quarrying & Construction
•8222 Supervisors, Oil and Gas Drilling and Service
NOTE: the occupations above are all Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification list.
>Cap (limit) of 20,000 applications per year:
Applicants applying under one of the 29 eligible occupations, that a maximum of 20,000 Federal Skilled Worker applications will be considered for processing each year. Also, within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing each year. The first year began on June 26, 2010 and will end on June 30, 2011. Subsequent years will be calculated from July 1st to June 30th.
CIC has indicated that it will stop processing additional applications once the cap is reached. In this case, CIC will advise the applicant in writing that their application will not continue and refund their processing fee.
Exemption to 20,000 limit:
The cap or limit does not apply to those individuals applying under the Federal Skilled Worker program with an Arranged job offer (AEO) pursuant to subsection 82(2) of the Immigration and Refugee Protection Regulations.
>Mandatory language test
Mandatory language tests are required for all skilled worker applications. Previously, applicants had the option of proving their language ability via a written submission. Citizenship and Immigration Canada now only accepts designated third-party language tests as proof of language ability – no exceptions.
Canadian Experience Class
Canadian Experience Class applications received by the designated Citizenship and Immigration office on or after June 26, 2010, must be accompanied by the results of the principal applicant’s English or French language proficiency assessment.
Immigrant Investor Program
The Government of Canada is proposing new eligibility criteria for the Immigrant Investor Program. These proposed regulatory changes would require new investors to have a personal net worth of $1.6 million, up from $800,000, and make an investment of $800,000, up from $400,000.
Administrative Pause - No federal Immigrant Investor application will be accepted unless it is post-marked or received by the designated CIC office before June 26, 2010. This pause will extend until the coming into force of proposed regulatory amendments to the definitions of “Investor” and “Investment” applicable to Business Immigrants in Division 2 of Part 6 of the Immigration and Refugee Protection Regulations.
Quebec – The province of Quebec has its own Immigrant Investor Program therefore, the processing of applications for permanent residence for investors selected by the province will continue as usual.
Coming into force
The above changes took effect on June 26th 2010.
