The Skilled Worker’s Application

There are some important changes that you should be aware of regarding the Skilled Workers Program. In an effort to expedite backlog processing, some restrictions have been placed on the applications. Plainly put; many applications will simply not be processed. At this time, those wishing to participate in this program would best benefit from seeking the advice of an experienced immigration lawyer. The immigration team for our Boston office has helped to process thousands of application and are here to provide you counsel.

Parameters for Processing Skilled Worker Applications

Those who may still be eligible for processing despite the changes to the Skilled Worker program, must fulfill one or more of the following:

• You have an offer of arranged employment
• You have already been living legally in Canada for one year as a temporary foreign worker or international student
• You have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in one of 29 specific high-demand occupations.

If you don’t meet one or more of the previously mentioned criteria, it may be in your best interest to seek legal councel from one of our experts in the Boston team.

Contact today for a consultation with one of our Immigration Lawyers for the Boston, MA. area.

Understanding the Points System

Note: This category is designed for individuals who will immigrate to Canada on the basis of their own personal credentials. To qualify for this category, applicants are assessed on a number of different “factors” about their personal circumstances and are awarded “points” for each factor. You must accumulate a minimum of 67 points.

Calculating Your Skilled Worker Points

Calculating your points can be very complicated. It is more than just a matter of addition and subtraction. Furthermore, it is NOT recommended that you rely on your own assessment. Due to the many legal issues involved in proper calculation of the score. A thorough understanding of Canadian immigration law is required for an accurately assessment. Therefore; it is highly recommended that you get a professional assessment to accurately calculate your score and determine your eligibility.

Getting Started

Note: that to qualify under the Skilled Worker Class, you will have to have at least one (1) year of full-time (37.5 hours per week or more) work experience within the past ten (10) years in one of the occupations listed in either Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC). The NOC was developed by Human Resources Development Canada to be a systematic cataloging of occupations in the Canadian labour market. The NOC is divided into five (5) bands:

• Skill Type O Management Occupations
• Skill Level A Professional and Related occupations
• Skill Level B Technical, skilled trades and paraprofessional occupations
• Skill Level C Occupations of intermediate level, clerical or supportive functions
• Skill Level D Elemental sales or service and primary labour occupations

Subject to certain limited exceptions, only experience in Skill Type 0 or Skill Levels A and B are considered relevant for applicants in the Independent/Skilled Worker Class.

If you have at least one year of work experience within the last ten years in occupations listed under Skill Type O, A or B, you then have to be assessed according to various selection criteria by Citizenship and Immigration Canada. Applicants must attain a minimum score of sixty-seven (67) points overall in order to be eligible to become permanent residents of Canada.

These selection criteria are as follows:
Education Maximum 25 Points
Official Languages Maximum 24 Points
Experience Maximum 21 Points
Arranged Employment Maximum 10 Points
Age Maximum 10 Points
Adaptability Maximum 10 Points

Applicant that scores below (67) points, may still be approved in cases where the immigration officer assessing the case exercises positive discretion in the applicant’s favor. The Immigration Regulations permits an immigration officer to exercise positive discretion in such a case, if the officer harbors the opinion that it is likely that the applicant will economically establish his or herself in Canada. That being said, the applicant must be aware that the immigration officer also has the power to exercise negative discretion. Where the opposite would apply and an applicant scoring 67 points or above may not gain acceptance, if the officer forms an opinion that it seems unlikely that the applicant will establish themselves financially.

The point system is a highly sophisticated and complicated tool to measure one’s credibility in the application process. It is highly recommended that one not attempt to decipher the point system by themselves due to the likelihood of error. Consulting with one of our immigration lawyers for our Boston office may be in your best interest.

Contact today for a consultation with one of our Immigration Lawyers for the Boston, MA. area.

As I celebrate my approved LMO work permit, I would like to express my sincere gratitude to my attorney, her assistant and their team who have helped making my tough case possible. Before Niren, I met other firms for immigration aids but none of them was able to help me through my unique situation. Thank you!C.L.