This
class of immigrants are assessed and selected
against 6 factors in the
Point System
as set out
in the Immigration Regulations. Successful
applicants will be selected primarily due to their
ability to successfully settle in Canada and obtain
employment in an admissible occupation in Canada.
This class of immigrants are expected to work in
the occupation under which he or she qualifies
once landed in Canada. Skilled
workers/Independent category is intended to
promote Canada's economic objectives under the
immigration Act. These applicants are assessed
and selected against 6 factors in the
Point System
as set out in the Immigration Regulations.
Successful applicants will be selected primarily
due to their ability to successfully settle in
Canada and obtain employment.
Skilled Workers are assessed under a Point
System that takes into consideration a series of
factors reflecting the applicant's abilities.
The policy objectives for the selection of
skilled workers are to support the demographic
goals of the Government of Canada, to enrich and
strengthen the cultural and social fabric of
Canada, and to foster the development of a
strong and viable economy and the prosperity of
all regions in Canada.
For applicants destined to Québec, there is an
agreement between Canada and Québec to divide
responsibility for the selection of applicants.
The Government of Québec has exclusive
responsibility for the selection "only" of
independent immigrants destined to that
province. Québec immigration counselors will
interview these applicants, and the Canadian
authorities will issue the medical, do the
security checks and issue the visas. Québec
immigration regulations have the same categories
of immigrants as the federal regulations but the
criteria are somewhat different. Immigrants who
wish to land in Quebec must have a Certificate
of Selection issued by the Quebec Immigration
Service.
Canada is currently looking to recruiting
immigrants who have: A good education,
employment skills that are portable to the
Canadian labor market, communication skills in
English and/or French, to enable easy
integration into the Canadian community and good
character and good health.
Those applying as skilled workers need to have
experience in an occupation that has a certain
education requirement, High school and above.
In
order to qualify, applicants must accumulate at
least 75 units of assessment to be selected. If
a principal's application is approved his
dependants will also automatically get selected.
To be approved for permanent residency, one also
needs to comply with other statutory requirement
in the regulations such as medical examination
and security (criminal) clearance.
If
an applicant is married, either of the spouse
can be the principal applicant. The couple
should review their qualifications to determine
how best meets the selection criteria
requirements. The spouse who gets the most
points on the factors in the Point System should
apply as the principal applicant.
Skilled workers are applying on the basis of
their occupation, job skills and experience.
Skilled workers are not required to show a lot
of money. For example, a family of 3 persons
going to live in an urban area is required to
have $15,000.00 Cdn. upon their arrival to
Canada.
All the factors (1 to 6 have to be considered in
the evaluation of skilled worker applications.
Discretion Decision
The immigration Act provides visa officers with
discretion which goes beyond assessing the
applicant's personal suitability. Immigration
regulations states that a visa officer may
discard the total points and issue (or refuse to
issue) an immigrant visa if,
if
in his opinion there are good reasons why the
number of units of assessment awarded do not
reflect the changes of the particular immigrant
and his dependents of becoming successfully
established in Canada and those reasons have
been submitted in writing to, and approved by, a
senior immigration officer.
Positive Discretion : If an applicant fails to
accumulate sufficient units of assessment to
pass, the assessing or interviewing officer may
feel that the units of assessment do not reflect
the applicant's ability to successfully settle
in Canada. If this opinion of the officer is
concurred by a senior officer, the officer will
be able to pass the applicant "on discretion".
Discretion is usually considered after the
interview. These applicants should note that
their applications should be well presented and
sufficient supporting documents should be
included to support their claims.
Negative Discretion : Visa officers may exercise
negative discretion although they rarely do so.
As positive discretion could waive the
requirement to accumulate 80 units of assessment
to pass, negative discretion works in contrary.
If an applicant accumulates the required number
of units, the officer may still feel that the
units of assessment did not accurately reflect
the client's true ability to successfully settle
in Canada. For e.g. An engineer who speaks, read
and writes English or French with difficulty
will have little chances or almost no chances in
obtaining employment as an engineer in Canada.
Even if he accumulates sufficient points to
pass, the officer may use negative discretion.
Normally economic factors are considered in
determining that a person is unable to become
successfully established in Canada. See Chen vs.
Canada (Minister of Employment & immigration),
[1995] 1 S.C.R. 725.
Visa officers are under a duty to consider the
exercise of discretion when it is requested.
Factors considered in exercising discretion
include, Western or Canadian education,
Knowledge of Canada, western or Canadian
employment experience, experience with a
multi-national firm, job offers, savings, net
worth, ability to create/maintain employment for
Canadians, contribution to Canadian society....
Other categories
Skilled
Workers Category
|
Family Class
Category
|
Refugee &
Humanitarian Category