Federal Skilled Workers (Professionals) FAQ

To be eligible for a Canada Immigration (Permanent Resident) Visa under the Skilled Worker category, you must:

• have worked continuously for a period of at least one year, within the last ten years, in a full-time (or part-time equivalent) paid position at a skill level recognized by Citizenship and Immigration Canada;
• have sufficient funds for settlement in Canada, unless you have Arranged Employment in Canada;
• earn sufficient points (currently 67) in the six selection factors to meet the pass mark under the Skilled Worker category.

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.

Yes, as a first step, we recommend that you complete our free assessment form so that we may determine your eligibility for Canadian Immigration under the Skilled Worker category. Alternatively, if you feel that you are qualified as a Skilled Worker and you wish to know more about our services, or would like us to answer your questions, you may contact Attorney David Cohen and he will be pleased to respond to you.

Yes, Canada accepts Skilled Workers based upon their ability to become economically established in Canada. If the Canadian Immigration Visa Officer believes that the point total does not accurately reflect your ability to become economically established in Canada, the Canadian Immigration Visa Officer may use his or her positive discretion (referred to as substituted evaluation) and approve your application even though you score less than 67 points.

However, at a minimum, you must have worked continuously for a period of at least one year, within the last ten years, in a full-time (or part-time equivalent) paid position at a skill level recognized by Citizenship and Immigration Canada.

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) to and refuse your application even though you score at least 67 points.

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, you would be well advised to submit your Canadian Immigration Application at the earliest.

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 disfavour with the practice of retroactivity in Canadian Immigration matters.

Under the Skilled Worker category, an application is considered complete if it contains the following:

• appropriate application forms, signed and completed;
• appropriate Canadian government processing fees;
• proof of English and/or French language proficiency;
• all information and documentation required for the Canadian Immigration Visa Officer to make a selection decision;

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.

Generally, under the Skilled Worker category, you must submit the following, in support of your application:

• identity and civil status documents;
• travel documents and passports;
• evidence of education training/professional qualifications;
• evidence of work experience;
• a Statement of English and/or French language ability or the IELTS and/or TEF results;
• 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.

That depends upon the Canadian Immigration Visa Office to which your application is being submitted.  Most visa offices do not require any of your supporting documents until approximately four months prior to the assessment of your application.  One notable exeption is the Canadian Immigration Visa Office in Buffalo, U.S.A., where some supporting documentation is required at the time of initial submission and the remaining documentation, shortly thereafter.

Under the Skilled Worker category, the following family members may be included in your application:

• your spouse or common-law partner;
• your dependent children and the dependent children of your spouse or common-law partner;
• the dependent children of your dependent children and the dependent children of the dependent children of your spouse or common-law partner.

As a general rule, under the Skilled Worker category, applications must be submitted at a Canadian Immigration Visa Office outside Canada. However, in very limited situations where there are compelling circumstances, you may submit your application inside Canada on Humanitarian and Compassionate grounds.

A request to transfer your application to another Canadian Immigration Visa Office may be made to the Canadian Immigration Visa Office processing your file. The Canadian Immigration Visa Office will decide, based upon “program integrity”, whether or not to transfer your application. In certain circumstances, the Canadian Immigration Visa Office processing your file may decide on its own to transfer your file to a different, more appropriate Canadian Immigration Visa Office, even without a request.

Work experience is a critical requirement for a Skilled Worker applicant. Applicants must be able to demonstrate, at a minimum, one year of continuous work experience in an occupation at a skill level recognized by Citizenship and Immigration Canada. Applicants destined to the Province of Quebec need only demonstrate six months of relevant work experience.

Your work experience does not have to be related to your education, as long as you are performing or have performed the duties of the occupation for which you are claiming points.

Yes, as long as you were paid for the work done and the duties performed were in an occupation and at a skill level recognized by Citizenship and Immigraiton Canada.

You are not required to obtain an offer of employment to qualify under the Skilled Worker category of Immigration. However, Arrranged Employment will afford you additional points and at some Canadian Immigration Visa Offices, significantly speed-up the processing of your Canada Immigration Visa Application.

At a minimum, you must have one year of full-time (or the part-time equivalent) of continuous work experience in an occupation at a skill level recognized by Citizenship and Immigration Canada. Part-time work experience is acceptable. It is assessed in proportion to a standard full-time working week of 37.5 hours. For example, a two-year part-time position requiring approximately 20 hours of work each week, will be counted as approximately one year of full-time experience.

Yes, you will be awarded points under the Adaptability Factor if you or your accompanying spouse or common-law partner has a close relative who is a Canadian citizen or permanent resident and who is currently residing in Canada. To qualify as a close relative, the Canadian citizen or permanent resident must be a child, mother or father, brother or sister, aunt or uncle, niece or nephew, grandchild or grandparent.

Applicants for a Canada Immigration Visa under the Skilled Worker category may be required to attend a personal interview with a Canadian Immigration Visa Officer. Such interviews are held to ensure the information in the application is accurate, to clear-up any uncertainties and to verify.

Canadian Immigration Visa Officers may, under all categories of immigration, grant an interview waiver, depending on the qualifications of the applicant, the quality of the supporting documentation, and the overall credibility of the applicant. The likelihood of an interview waiver varies from one Canadian Immigration Visa Office to another.

In a small percentage of applications, an interview is held to evaluate security issues such as criminality, espionage, subversion or terrorism.

Applications which are complete in every detail increase the chances of an interview waiver. However, interview waivers are granted at the discretion of the Canadian Immigration Visa Officer in charge of your file. It is not possible to apply specifically for a waiver. Even if an interview is waived, the Canadian Immigration Visa Officer reserves the right to call you to an interview at a later date.