I have now completed the assessment of your application for a permanent resident visa as a skilled
worker. I have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Provincial Nominee
Program are assessed under the following programs for the minimum requirements and section 11.2:
Canadian Experience Class, Federal Skilled Trades Program and Federal Skilled Workers. Your
application was assessed based on Federal Skilled Trades Program which you identified as part of your
skilled work experience. You are assessed on the basis of the pass/fail requirements set out in subsection
87.2 (3).
Pursuant to section 87.2(3) of the Immigration and Refugee Protection Regulations, applicants in the
Federal Skilled Trades Class must meet the following requirements in order to become a member of the
Federal Skilled Trades Class:
(3) A foreign national is a member of the federal skilled trades class if
(a) following an evaluation by an organization or institution designated under subsection 74(3),
they meet the threshold fixed by the Minister under subsection 74(1) for proficiency in either
English or French for each of the four language skill areas;
(b) they have, during the five years before the date on which their permanent resident visa
application is made, acquired at least two years of full-time work experience, or the equivalent in
part-time work, in the skilled trade occupation specified in the application after becoming
qualified to independently practice the occupation, and during that period of employment has
performed
o (i) the actions described in the lead statement for the occupation as set out in the
occupational descriptions of the National Occupational Classification, and
o (ii) a substantial number of the main duties listed in the description of the occupation set
out in the National Occupational Classification, including all of the essential duties;
(c) they have met the relevant employment requirements of the skilled trade occupation specified
in the application as set out in the National Occupational Classification, except for the
requirement to obtain a certificate of qualification issued by a competent provincial authority; and
(d) they meet at least one of the following requirements:
o (i) they hold a certificate of qualification issued by a competent provincial authority in
the skilled trade occupation specified in the application,
o (ii) they are in Canada and hold a work permit that is valid on the date on which their
application is made and, on the date on which the visa is issued, hold a valid work permit
or are authorized to work in Canada under section 186, and
(A) the work permit was issued based on a positive determination by an officer
under subsection 203(1) with respect to their employment in a skilled trade
occupation,
(B) they are working for any employer specified on the work permit, and
(C) they have an offer of employment — for continuous full-time work for a total
of at least one year in the skilled trade occupation that is specified in the
application and is in the same minor group set out in the National Occupational
Classification as the occupation specified on their work permit — that is made by
up to two employers who are specified on the work permit, none of whom is an
embassy, high commission or consulate in Canada or an employer who is
referred to in any of subparagraphs 200(3)(h)(i) to (iii), subject to the visa being
issued to the foreign national,
o (iii) they are in Canada and hold a work permit referred to in paragraph 204(a) or (c) —
that is valid on the date on which their application is received — and, on the date on
which the visa is issued, hold a valid work permit or are authorized to work in Canada
under section 186, and the circumstances referred to in clauses (ii)(B) and (C) apply,
o (iv) they do not hold a valid work permit or are not authorized to work in Canada under
section 186 on the date on which their application is made and
(A) up to two employers, none of whom is an embassy, high commission or
consulate in Canada or an employer who is referred to in any of subparagraphs
200(3)(h)(i) to (iii), have made an offer of employment to the foreign national in
the skilled trade occupation specified in the application for continuous full-time
work for a total of at least one year, subject to the visa being issued to them, and
(B) an officer has approved the offer for full-time work — based on an
assessment provided to the officer by the Department of Employment and Social
Development, on the same basis as an assessment provided for the issuance of a
work permit, at the request of up to two employers or an officer — that the
requirements set out in subsection 203(1) with respect to the offer have been met,
and
o (v) they either hold a valid work permit or are authorized to work in Canada under
section 186 on the date on which their application for a permanent resident visa is made
and on the date on which it is issued, and
(A) the circumstances referred to in clauses (ii)(B) and (C) and subparagraph (iii)
do not apply, and
(B) the circumstances referred to in clauses (iv)(A) and (B) apply.
Your application for permanent residence in the Federal Skilled Trades Class was assessed against the
requirements (pass/fail) noted above based on the following skilled trade occupation specified in your
application: xxxxxxxxxxxxx – under NOC
8232.
Based on the documents you submitted at time of your application for permanent residence under Express
Entry, you have been working for xxxxxxxxx from January 2013 to the date your
application was received. I am not satisfied that you meet section R87.2 (3) (d). I am not satisfied that you
have provided sufficient evidence to demonstrate that you meet the definition as a member of the Federal
Skilled Trades Class as you do not hold a certificate of qualification issued by a competent provincial
authority specified in the skilled trade occupation. The certificates of qualification you provided are
issued only by your employer which therefore is insufficient. Furthermore, as per R87.2(1)(c), oil and gas
well drillers, servicers, testers and related workers is a skilled trade occupation under Major Group 82 and
therefore are required to have a certificate of qualification issued by a competent provincial authority in
the skilled trade occupation specified in the application.
