New Changes to the Skilled Worker Category: 20,000 cap and New Occupation List

Skilled Worker Application Occupation List

On Saturday, June 26th, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced in a news conference that the number of jobs considered for fast-tracking for skilled worker applications would be narrowed down to a list of 29 occupations and that a cap would be placed on the number of applications processed. The number of applications processed per year as of June 26th, 2010 is 20,000.

This means that after June 26th, only 20,000 applications will be considered for processing within the next 12 months and 1,000 of those applications under the 20,000 cap are designated for Federal Skilled Worker applications.

The jobs that made the list place a greater emphasis on economic recovery and include restaurant and food service managers, architects, biologists, pharmacists, dentists, chefs, cooks, specialist physicians and plumbers.

In order for an application to be considered for processing, the results of an official language proficiency test must be included as well as a valid offer of employment or one full year full-time or equivalent part-time paid and continuous work experience in one of the 29 professions within the past 10 years.

It’s safe to say everyone will be scrambling to get these applications underway and sent off as soon as possible in order to qualify to immigrate to Canada as a skilled worker. This also makes it especially important to have an immigration lawyer help you ensure that your paperwork is filled out properly and that no omissions or errors are made because it would be a shame to miss out on the opportunity because of a simple paperwork error or omitted requirement.

I frankly am surprised that these changes were made given our aging demographics, increased global competition and recent economic recession. Canada more than ever needs more and more skilled workers to meet its labor needs. Imposing an annual cap services would serve the opposite effect, limiting potential immigrant candidates for needed jobs.

We will have to see how this all plays out but it seems that the Conservative government likes to use “blunt instruments” when it comes to immigration policies to solve systemic problems. My prediction is that more damage than good will come out of these changes but only time will tell.

Have a question about the Skilled Worker Category? Feel free to contact Niren and Associates immigration law firm.

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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34 Responses to “New Changes to the Skilled Worker Category: 20,000 cap and New Occupation List”

  1. Alicia Kim October 28, 2010 2:17 pm
    #

    Hi Sheena,

    To apply under the Skilled Woker Category, you need to write the IELTS test. This requirement is for everyone – even for someone applying from New Zealand!
    The processing time for the Skilled Worker applications received after November 28, 2008 is around 8 months.

    Thank you.

  2. Banon January 8, 2011 2:16 am
    #

    Hi,

    My husband has 10 years of experience as a cook in Canada. He has a diploma in plumbing. I have an undergraduate degree in Bachelor of Management (Human Resources Management) and two years of experience as an assistant manager. Do you think we can apply for immigration?

    Thank you for your answer…

    Hoping to retain your service for our process.

  3. Alicia Kim January 10, 2011 7:28 pm
    #

    Dear Mrs. Banon,

    In order to apply as a Skilled Worker, you need to have either at least one year of continuous full time paid work experience in the occupation listed on the Canadian National Occupational Classification (NOC) list or a valid offer of arranged employment in Canada.

    Since your husband has been working as a cook in Canada for 10 years and being a cook is one of the eligible occupations, your husband may apply as a Skilled Worker.

    It seems that you may also apply as a Skilled Worker under the Administrative Officers category. However, you need to give a more detailed job description to a qualified lawyer in order to determine your eligibility more accurately.

    If you are interested in retaining our firm, please do not hesitate to contact our office at any time.

    Thank you.

  4. Amirah January 12, 2011 7:43 pm
    #

    Hi there,

    I am a Mauritian citizen and have been living in London, ON for 8 years.
    I have an Hons. Degree in Apparel Design and Retail Merchandising. I also have 7 years of experience as a food manager working for Marks and Spencer. Do you think I can apply as a Skilled Worker to immigrate to Canada. I will really appreciate your response.

    Kind Regards

  5. Alicia Kim January 13, 2011 8:22 pm
    #

    Dear Amirah,

    If you have at least one year of continuous full-time paid work experience in one of the National Occupational Classification (NOC) list, you may apply as a SKilled Worker. It seems you may apply as a Skilled Worker based on your 7 years of experience as a Food Manager.

    Alternatively, if you have a valid job offer, you may apply under the arranged employment category. The conditions are that your current employer makes an offer to give you a permanent job if you are accepted as a federal skilled worker and your temporary work permit remains valid both when you apply for a permanent resident visa and when the visa is issued.

    Hope this helps.

  6. Shahid January 19, 2011 3:38 am
    #

    I have about 6 years of experience as a Finance Manager. I have applied for Permanent Residence in Canada on November 1, 2007. According to current application status, they started processing my application on January 7, 2008.

    Is the change to the Skilled Worker’s category your article discussed applicable to my application?

    Regards,

  7. Alicia Kim January 19, 2011 10:40 pm
    #

    Dear Shahid,

    The changes to the Skilled Workers category became effective as of June 26, 2010. As long as your application was received by Immigration and began to be processed before this date, the new rule would not apply to your application.

    Thank you.

  8. Asha January 25, 2011 3:33 pm
    #

    Hi,

    A friend of mine is a teacher in India. She has a Master’s degree in Science (Chemistry). Her husband is also a teacher. Both of them have four years of teaching experience and more than 17 years of full time study. Are they eligible for skilled worker applications?

    Thank you.

  9. Manish January 28, 2011 12:10 am
    #

    Hi there,

    I am from India. I have a degree in an MBA and more than five years of experience in the field of business administration. Currently, I am working with an MNC insurance company as Training Manager. Do I qualify for Canadian PR?

    Thanks!

  10. Alicia Kim January 29, 2011 12:44 pm
    #

    Dear Asha,

    In order to be eligible, you must have one year of continuous full-time paid work experience in certain occupations listed on the Canadian National Occupational Classification (NOC). If your friend and her husband are teachers, it may be possible for them to apply under Major Group 41 Professional Occupations. If they meet this requirement, their application will be processed based on further evaluation criteria including their education, abilities in English and/or French, age, and your adaptability.

    Hope this helps.

  11. Alicia Kim January 29, 2011 1:42 pm
    #

    Dear Manish,

    You may apply as a Skilled Worker based on your experience as a training manager. In order to qualify, your work experience must be for at least one year, continuous, and paid. Or, if your previous five years of work experience in the field of business administration satisfies these conditions, you may also use that experience.

    In case all your work experiences do not satisfy these conditions, you need to have a valid job offer from a Canadian employer in order to apply as a Skilled Worker.

    Hope this helps.

  12. Vinod February 2, 2011 2:35 pm
    #

    Hi My name is Vinod Kumar Alladi.
    I have 5.5 years of experience in the IT Industry and my current designation is Senior Software Engineer.

    I have my Bachelor’s Degree and my age is between 25- 29.

    Do you think I can apply as a Skilled Worker to immigrate to Canada. I will really appreciate your response.

  13. Alicia Kim February 3, 2011 6:40 pm
    #

    Dear Vinod,

    You may qualify under the Computer and Information Systems Professionals category if you have one year of continous full time paid work experience in the IT industry, in particular, as a Senior Soft Engineer.

    I would need more details to give you more guidance.

    Thank you.

  14. Vinod February 4, 2011 2:15 pm
    #

    Can you give your email address so that I can send you my entire profile? How can I contact you or your office to get further advise?

  15. Alicia Kim February 8, 2011 6:25 pm
    #

    Dear Mr. Vinod,

    Thanks for your reply. If you wish to get a more detailed and accurate analysis of your situation with your entire work history, I suggest that you consult one of our immigration lawyers directly.

    Should you wish to speak with one of our lawyers, please do not hesitate to contact me or our office directly.

    Thank you.

  16. Nishadi March 15, 2011 1:10 pm
    #

    Hi,

    I have 3 years of experience in hotels (not in the restaurant manager category). I was actually a Guest Relations Manage which falls under the Accommodation Manager category. I have an IELTS score of 8. I am 26. Am I eligible to apply under the Skilled Worker category or, if not, any Provincial Nominee Programme?

    Thank you.

  17. Alicia Kim March 16, 2011 10:22 pm
    #

    Dear Nishadi,

    In order to qualify under the Skilled Worker category, you need to have either a valid offer of arranged employment or have one year of continous full time paid work experience in certain job categories. If your employment as a Guest Relations Manager meets these conditions, you may qualify under the Accomodation Service Managers category.

    I hope this helps.

  18. Rakib March 29, 2011 1:12 am
    #

    Hello,

    I am from Bangladesh. I have 2 years of experience in banking. I have a Bachelor’s Degree. What options to I have to immigrate to Canada?

  19. Alicia Kim March 30, 2011 6:22 pm
    #

    Dear Rakib,

    One of the most common ways to immigration to Canada through your work experience is to apply as a Skilled Worker. To be eligible, you must have a valid offer of arranged employment or have one year of continuous fill time paid work experience in at least on of the occupations listed in the National Occupational Classification list.

    You may be eligible to apply based on your work experience in the banking industry. However, I would need more detailed information to better assess your situation.

    Thank you.

  20. nina75 March 30, 2011 7:50 pm
    #

    I have applied for PR, but my application has been refused because it lacked supporting documents to support my occupational classification. Can I appeal the decision? How?

  21. Alicia Kim April 2, 2011 12:54 pm
    #

    Dear Nina,

    You may appeal the decision to the Immigration Appeal Division in Canada. You should appeal within 60 days of receiving the refusal. When the Immigration Appeal Division will hold a hearing, you may submit a new documentation and make additional humanitarian and compassionate arguments.

    If your appeal at the Immigration Appeal Division is unsuccessful, you may appeal to the Federal Court in Canada.

    Hope this helps.

  22. Rakib April 3, 2011 2:03 am
    #

    Dear Alicia Kim,

    Thanks for the reply. I have been working as an officer at a multinational bank for two years and hold a Bachelor’s Degree in Business Administration with emphasis on Marketing and Human Resources Management.

    Hope to hear from you soon.

  23. Alicia Kim April 5, 2011 9:22 pm
    #

    Dear Rakib,

    You may qualify under the Management Occupations category. However, it really depends on the specific job description of your job. I suggest that you discuss your situation with a lawyer to better assess your eligibility.

    Thank you.

  24. daniel April 23, 2011 2:03 am
    #

    Please tell me how long it takes to apply as a Skilled Worker in Canada. Can you also give me the contact information of your firm?

  25. Alicia Kim April 25, 2011 10:02 pm
    #

    Dear Daniel,

    The processing time for applications received by June 25, 2010 is around 12 months.

    You may reach our office at 416 410 7484.

    Thank you.

  26. Dr. Sanjeev May 24, 2011 5:05 am
    #

    Hi,

    I have more than 9 years of teaching experience in the MBA and BBA programs at few colleges in India. I also have more than 3 years of corporate experience at DGM.

    I would need your advice on how to apply for Permanent Residence in Canada.

    Thank you.

    Sanjeev

  27. Alicia Kim May 25, 2011 9:58 pm
    #

    Dear Dr. Sanjeev,

    In order to qualify for the Skilled Worker program, you need to have a valid offer of arranged employment or one year of continuous full-time paid work experience in at least one of the occupations listed in the NOC list.

    You may qualify under the “occupation in social science, education, government service, and religion” category. However, I suggest you consult with an immigration lawyer with a more detailed job description in order to better assess your eligibility.

    Thank you.

  28. Dr. Sanjeev May 25, 2011 11:34 pm
    #

    Dear Alicia,

    Thank you very much for your response.
    I have one more question. Can I come under the education occupation list because I have taught MBA for more than 10 years?

    Regards,

  29. Alicia Kim May 26, 2011 10:36 pm
    #

    Dear Dr. Sanjeev,

    The “social science, education, government service, and religion” category includes occupations such as teachers, instructors, and university professors. Although you would have to consult with an immigration lawyer to more accurately assess your eligibility, it may be possible for you to apply under this category.

    Thank you.

  30. Krishna August 8, 2011 11:37 am
    #

    Hi
    I am Krishna. I am from Nepal. I have around 9.5 years of experience in the Tourism Industry and my current position is Manager.
    I have a Bachelor’s Degree. Do you think I can apply as a Skilled Worker to immigrate to Canada. I will really appreciate your response.

  31. Alicia Kim August 17, 2011 5:47 pm
    #

    Dear Krishna,

    It might be possible for you to apply as a Skilled Worker, depending on what types of work you did in the tourism industry. For example, if you were a tourism development officer or a tourism industry consultant, you may qualify. To better assess your eligibility, you would have to consult with an immigration lawyer with your detailed job description.

    Without relying on your work experience, you could also apply as a skilled worker if you have a job offer from a Canadian employer.

  32. AMEEEEER January 22, 2012 12:07 am
    #

    Hi there,
    I am an international student in Canada. I have applied for permanent residence under the Federal Skilled Worker category. I have a Master’s Degree in Physiotherapy.

    I submitted my application in October 2010 and received a file number in February 2011. However, I do not have any further updates to date. What should I do?

  33. Nuzhat April 12, 2012 2:20 am
    #

    Hi,

    I am Nuzhat. I am from Pakistan. I am working as a Software Engineer in Sharjah, UAE. I have around five years of experience in Software Development. I have a Bachelor’s Degree in Computer Science. Do you think I can apply as a Skilled Worker to immigrate to Canada. I will really appreciate your response.

  34. Alicia Kim April 12, 2012 2:58 pm
    #

    Dear Nuzhat,

    Based on the information provided, it seems that you may qualify under the Federal Skilled Worker category based on your five years of experience as a Software Developer. Alternatively, you may also apply under the Federal Skilled Worker category if you have a valid job offer in Canada in a skilled occupation (skill level O, A, or B in the National Occupation Code).

    For a more detailed assessment of your eligibility, more detailed information regarding your educational and training background is required. I suggest that you consult with a qualified immigration lawyer to better assess your situation.

    Thank you.

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