Frequently Asked Questions - Federal Skilled Workers

1. What is Permanent Residency?

A visa which grants permission to the applicant and all dependent included in the visa application to live and work lawfully. PR Visa would also benefit the holder to gain access to social benefits such as health care, free/subsidized education, unemployment benefits, pension benefits, insurance and much more.

2. Do I qualify for Canada Permanent Residency Visa?

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 in one of Citizenship and Immigration Canada's 38 qualifying occupations; or have Arranged Employment; or have been legally residing in Canada for one year as a Temporary Foreign Worker or International Student and currently be residing in 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, the principal applicant and dependent family members must satisfy Canadian health and security/criminality requirements.

3. Can I check my eligibility for Permanent Residency Visa?

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 us and will be pleased to respond to you.

4. Do I qualify even if I score less than 67 points?

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.

Additionally, you must meet CIC requirements to have either (1) one continuous paid full-time year of work experience in the 38 qualifying occupations in the past 10 years; (2) one year of legal residence in Canada as a Temporary Foreign Worker or International Student and currently be residing in Canada; OR (3) Arranged Employment.

5. May I be refused a PR Visa even if I score more than 67 points?

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.

6. Will the current pass mark of 67 points change?

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.

7. What happens if the pass mark changes before I receive my Canada Immigration Visa?

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.

8. Under Skilled Worker visa, when is that an application is considered complete?

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.

9. What documents are required to be submitted while filling my visa application?

Generally, under the Skilled Worker category, you must submit the following, if you satisfy any one of the 38 qualifying occupations approved by the Ministry, in support of your application:

• appropriate application forms, signed and completed;
• appropriate Canadian Government Processing Fees;
• proof of English and/or French Language Proficiency; (if available)
• travel documents and passports;
• photos as specified.

NOTE: All applications would be filled in Canada (onshore) at the Federal Skilled Worker Centralized Intake Unit located at Sydney, Nova Scotia, Canada.

10. Under the Skilled Worker category, when do I need to submit my supporting documents?

Most visa offices will require your supporting documents approximately four months prior to the assessment of your application.

On acceptance by the Canadian High Commission and on receipt of your immigration application file number, all applications and all supporting documents would once again be filled at the Canadian Visa Office responsible for your country of nationality or your country of legal residence within 120 days.

• appropriate application forms, signed and completed;
• proof of English and/or French Language Proficiency; (if available)
• photos as specified.
• 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.

11. Under the Skilled Worker category, who all can be included in my application?

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.

12. Can my file be transferred from one Canadian Immigration Visa Office to another?

Qualified applications submitted to the Centralized Intake Office (CIO) at CPC-Sydney in Nova Scotia will be automatically transferred to the Canadian Immigration Visa Office outside Canada that is responsible for the country where you are residing (if you have been lawfully admitted to that country for a period of at least one year) or the country of your nationality.

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.

13. Is work experience a requirement?

Yes, work experience is a compulsory for a Skilled Worker applicant. 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. If you have experience in one of Citizenship and Immigration Canada's 38 qualifying occupations, it also must be one year of full-time (or the part-time equivalent) of continuous work. Applicants destined to the Province of Quebec need only demonstrate six months of relevant work experience.

14. Does my work experience have to be related to my education in order to be recognized?

No, your work experience need not 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.

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.

15. Is credit given for experience gained during post-secondary studies?

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

16. Do I need to have a Canadian offer of employment to qualify as a Skilled Worker?

No, you are not required to obtain an offer of employment to qualify under the Skilled Worker category of Immigration. However, Arranged Employment will afford you additional points and at some Canadian Immigration Visa Offices, significantly speed-up the processing of your Canada Immigration Visa Application.

17. Does my work experience be accumulated continuously on a full-time basis?

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. If you have experience in one of Citizenship and Immigration Canada's 38 qualifying occupations, it also must be one year of full-time (or the part-time equivalent) of continuous work.  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.

18. Do I receive additional benefit if I have a close relative in Canada?

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.

19. Will I be called for a visa interview by a Visa Officer?

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.

20. How to secure an interview waiver?

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.

21. What are the criteria for obtaining Canadian citizenship?

Once on gaining the permanent residency visa every individual should satisfy the below condition to be eligible for Canadian Citizenship.

The applicant must:

• be 18 years of age, and
• be a Permanent Resident of Canada, and
• have lived in Canada for at least 3 years of the 4 years before applying, and
• be able to communicate in English or French, and
• have knowledge about Canada, and
• know the rights & responsibilities of Citizenship.