Canadian law defines skilled workers as people who may become permanent residents on the basis of their ability to become economically established in Canada.

The skilled worker category is the most important and frequently used method of immigrating to Canada permanently. In order to be admitted under this category, you must first be eligible to apply as a skilled worker. Secondly, in most cases you will be required to show that you have enough funds to move to Canada. Thirdly, you must accumulate enough points (under the system described in section 3:1.3 below), to meet the pass mark; at the time of preparing these materials the pass mark is 67 points.1

3:1 REQUIREMENTS FOR QUALIFYING UNDER THIS CATEGORY

3:1.1 Eligibility requirements

In order to have your application assessed by an immigration officer, you must have at least one year of full-time(or

full-time equivalent i.e. 37.5 hours/week) The work experience must have been acquired in the ten years preceding the making of your application. Also, the work experience must be in Skill Type 0 or Skill Level A or B of the National Occupation Classification (NOC).

In assessing whether or not your work experience falls under Skills Type 0 or Skills Level A or B, ensure that the essential duties of your occupation coincide with the duties listed in the NOC for that occupation (it is substance, not title that counts). Full NOC definitions can be found at www23.hrdcdrhc.gc.ca, the web site of Human Resources Development Canada.

Please note that at times certain occupations may be listed as restricted. You should also check the list of restricted occupations3 and see if any of your work experience falls under that list; if you have worked in a restricted occupation, you cannot take into account that work experience for the purposes of your skilled worker application for permanent residence. At this time, there are no restricted occupations.

3:1.2 The funds required

To be accepted as a skilled worker, you must prove that you have the funds required to support yourself and your family, if applicable, after you arrive in Canada.4 Below is a chart listing the amounts.

Family members	Funds required (Canadian dollars)
1	$9,420
2	$11,775
3	$14,645
4	$17,727
5	$19,816
6	$21,905
7 or more	$23,994

3:1.3 Meeting the pass mark

Each skilled worker application is assessed on the basis of six selection factors under a point system. In order for you to be accepted into Canada as a skilled worker, you must accumulate enough points to meet or exceed the pass mark. As mentioned above, the current pass mark is 67 points.

The six selection factors are: education, language skills, work experience, age, arranged employment and adaptability. The factors are discussed in more detail below. You should note that if you have a spouse or common-law partner, you should calculate his or her points as well. As between you and your spouse/partner, the one who accumulates the most points should be the principal applicant.

Below is a worksheet that can be used to calculate your points.

Factor	Maximum points	Your Score
1 Education	25
2 Language proficiency	24
3 Work experience	21
4 Age	10
5 Arranged employment	10
6 Adaptability	10
Total	100

3:1.3.a Factor 1: Education

You can earn a maximum of 25 points for your education. Two aspects are relevant when it comes to your education: the credentials, i.e. the level of studies you have completed, and the number of years you have spent in school.

Below is a chart with the rules on how points for education are awarded. Before you turn to it, please note the following definitions and comments:

• Full-time studies means at least 15 hours of instruction per week during the academic year. This includes any period of workplace training that forms part of the course.
• Full-time equivalent studies means that if you completed a programme of study on a part-time or accelerated basis, in calculating the length of your studies you should count the length of time it would have taken to complete the programme on a full-time basis.
• If you have not completed the number of years of study that correspond to your highest educational credential, award yourself points based on the number of years of study. Examples: If you have a Master’s degree but have completed only 16 years of full-time study, award yourself 22 points. If you have a four-year Bachelor’s degree and have completed 14 or more years of study, award yourself 20 points.

Master’s or PhD and at least 17 years of full-time or full-time equivalent study 25

Two or more university degrees at the Bachelor’s level and at least 15 years of full-time or full-time equivalent study; or A three-year diploma, trade certificate or apprenticeship and at least 15 years of full-time or full-time equivalent study 22

A university degree of two years or more at the Bachelor’s level, and at least 14 years of full-time or full-time equivalent study; or A two-year diploma, trade certificate or apprenticeship and at least 14 years of full-time or full-time equivalent study 20

A one-year university degree at the Bachelor’s level and at least 13 years of full-time or full-time equivalent study; or A one-year diploma, trade certificate or apprenticeship and at least 13 years of full-time or full-time equivalent study 15

A one-year diploma, trade certificate or apprenticeship and at least 12 years of full-time or full-time equivalent study 12

Secondary school (also called high school) 5

3:1.3. b Factor 2: Language skills

You can earn a maximum of 24 points for your language skills. Your skills in reading, writing, listening to and speaking English and/or French are all relevant. If your language skills extend to both English and French, pick the one language you are most comfortable with as your first official language; the other one will be the second official language.

When calculating your language points, remember to add the points for each relevant aspect: speaking, reading, listening and writing for both official languages.

There are four proficiency levels that you may have in English or French for the purposes of immigrating to Canada: high, moderate, basic or no proficiency at all. To see the detailed descriptions of each level of proficiency, visit www.cic.gc.ca and look for the ’How to assess your language skills’ section.

Below is a table that shows you how points are awarded based on your first and second official language proficiency. Please note that if your language skills for two or more of the four aspects are at the basic proficiency level, you cannot accumulate more than two points for those aspects. For example, if your first official language skills in writing, listening and speaking are at the basic level and your reading skills are at the high level, the number of points you would accumulate is 6 (1+1+4).

First official language proficiency	Read	Write	Listen	Speak
High	4	4	4	4
Moderate	2	2	2	2
Basic (maximum of 2 points only)	1	1	1	1
No proficiency	0	0	0	0

Second official language proficiency	Read	Write	Listen	Speak
High	2	2	2	2
Moderate	2	2	2	2
Basic (maximum of 2 points only)	1	1	1	1
No proficiency	0	0	0	0

For the purposes of your actual application, you will have to provide conclusive proof of your language abilities.

3:1.3.b(i) Taking a language test

One way of proving your language skills is to take a standardised language test.5 This is the preferred option. Indeed, most visa posts are insisting on it. Once you receive the results of your test, you can refer to the charts below in order to determine how many points you would receive for your language skills. Please note that you should go well prepared to the language test; the results will be used as conclusive evidence of your language proficiency.

International English Language Testing System (IELTS)

Test results for each ability

Level	Points (per ability)	Speaking	Listening	Reading (general training)	Writing (general training)
High	First official language: 4	7.0-9.0	7.0-9.0	7.0-9.0	7.0-9.0
	Second official language: 2	7.0-9.0	7.0-9.0	7.0-9.0	7.0-9.0
Moderate	Either official language: 2	5.0-6.9	5.0-6.9	5.0-6.9	5.0-6.9
Basic	Either official language: 1 (maximum of 2)	4.0-4.9	4.0-1.9	4.0-4.9	4.0-4.9
No	0	Less than 4.0	Less than 4.0	Less than 4.0	Less than 4.0

Canadian English Language Proficiency Index Program (CELPIP)

Test results for each ability

Level	Points (per ability)	Speaking	Listening	Reading (general training)	Writing (general training)
High	First official language: 4	4H	4H	4H	4H
		5	5	5	5
		6	6	6	6
	Second official language: 2	4H	4H	4H	4H
Moderate	Either official language: 2	5	5	5	5
		6	6	6	6
		3H	3H	3H	3H
Basic	Either official language: 1	4L	4L	4L	4L
		2H	2H	2H	2H
	(Maximum of 2)	3L	3L	3L	3L
No	0	0	0	0	0
		1	1	1	1
		2L	2L	2L	2L

Test d’evaluation de français (TEF)

Test results for each ability

Level	Points (per ability)	Speaking (expression orale)	Listening (compréhension)	Reading (compréhension écrite)	Writing (compression éhension écrite;)
High	First official language: 4	Level 5	Level 5	Level 5	Level 5
		Level 6	Level 6	Level 6	Level 6
	Second official language: 2	(349-450 pts)	(280-360 pts)	(233-300 pts)	(349-450 pts)
Moderate	Either official language: 2	Level 4	Level 4	Level 4	Level 4
		(271-348 pts)	217-279 pts)	(181-232 pts)	(271-348 pts)
Basic	Either official language: 1	Level 3	Level 3	Level 3	Level 3
	(maximum of 2)	(181-270 pts)	(145-216 pts)	(121-180 pts)	(181-270 pts)
No	0	Level 0	Level 0	Level 0	Level 0
		Level 1	Level 1	Level 1	Level 1
		Level 2	Level 2	Level 2	Level 2
		(0-180 pts)	(0-144 pts)	(0-120 pts)	(0-180 pts)

3:1.3. b (ii) Providing supporting documentation

The second way of proving your language skills is to provide a written explanation and supporting documentation regarding your language skills. You may use this avenue if you believe that in your case a language test is not necessary. As noted above, however, despite the questionable legal authority, many visa posts are insisting on the IELTS. You should refer to the detailed descriptions of each level of language of ability (visit www.cic.gc.ca and look for the ’How to assess your language skills’ section). On the basis of that information ensure that you clearly show in your documentation that you meet those criteria. Below is more information about what to do if you wish to pursue this option in relation to your language skills.

• Gather material that supports your claim. This should include: a) a submission written by you that details your training in, and use of, English and/or French, and b) official documentation of education in English and/or French.
• Submit these documents with your immigration application; please note that if any of these particular documents are missing, the visa office will not contactyou to request them, it is your responsibility to include them.
• The visa office will not interview you to assess your proficiency levels.

If the immigration officer assessing your application is not satisfied that you have the proficiency that you claim to have, s/he will make his or her own assessment on the basis of the information submitted. Your application may be refused if this results in a shortage of points.

The disadvantage with this option is that you will not know exactly how many points you will receive for the language factor until after your application is assessed.

3:1.3. c Factor 3: Work experience

You can obtain a maximum of 21 points for your work experience. However, for work experience to be taken into account, it must meet all of the following conditions:

• be full-time or full-time equivalent paid work experience (though not necessarily contiguous);
• must have been obtained within the ten years preceding the making of your application;
• must not have been obtained in a restricted occupation (though no occupation is currently listed as restricted);
• have been obtained in occupations listed in Skill Type 0 or Skill Level A or B of the NOC.

For more information about the last two requirements, see section 3:1.1 above. If your experience meets these tests, points will be awarded as follows:

Years of experience	Points
1	15
2	17
3	19
4+	21

3:1.3.d Factor 4: Age

You can obtain a maximum of 10 points under this category. The points are given for your age at the time the application is received by the visa office.

Age	Total points
16 or under	0
17	2
18	4
19	6
20	8
21-49	10
50	8
51	6
52	4
53	2
54 and over	0

3:1.3.e Factor 5: Arranged employment

You can obtain a maximum of 10 points under this selection factor. Arranged employment means employment you know at the time of making your permanent residence application that you would have if your application were accepted and you came to Canada. Below is a chart showing how points are awarded under this selection factor.

If:	And:	Points
You are currently working in Canada on a temporary work permit6 (including sectoral confirmations)	Your work permit is valid for 12 or more months afterthe date you apply for a permanent resident visa, and	10
	Your employer offered to give you a permanent job if your application is successful.
You are currently working in Canada in a job that is HRSDC7 confirmation-exempt under an international agreement or a significant benefit category (e.g. intra-company transferee)8	Your work permit is valid for 12 or more months afterthe date you apply for a permanent resident visa, and 10 Your employer offered to give you a permanent job if your application is successful. Your employer offered to give you a permanent job if your application is successful.	10
You do not currently have a work permit and you do not intend to work in Canada before you have been issued a permanent resident visa.	You have a full-time job offer that has been approved for arranged employment by HRSDC;9 please note that the approval is based on the assessment of the following factors: the genuineness of the offer of employment, whether the wages and working conditions of the employment would be sufficient to attract and retain Canadians, and whether the employment is full-time and not seasonal.	10
	Your employer has made an offer to give you a permanent job if your application is successful.
	You meet all required Canadian licensing or regulatory standards associated with the job.

3:1.3.f Factor 6: Adaptability

You can obtain a maximum of 10 points under this selection factor even if you appear to achieve more. The points are awarded on the basis of your experience and/or that of your spouse or common-law partner. Please note that points for each element can be awarded only once, either for you or your spouse or common-law partner.

Adaptability criteria

1.Spouse or common-law partner’s level of education:

• Secondary school (high school) diploma or less: 0 points
• A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies: 3 points
• A diploma, trade certificate, apprenticeship, or university degree of two years or more and at least 14 years of full-time or full-time equivalent studies: 4 points
• A Master’s or PhD and at least 17 years of full-time or full-time equivalent studies: 5 points 2.Previous study in Canada:
• You or your accompanying spouse or common-law partner studied at a post-secondary institution in Canada for at least two years on a full-time basis. This must have been done after the age of 17 and with a valid study permit. 5 points 3.Previous work in Canada:
• You or your accompanying spouse or common-law partner completed a minimum of one year of full-time work in Canada on a valid work permit. 5 points 4.Arranged employment:
• You earned points under Factor 5: Arranged Employment. 5 points
• 5. Relatives in Canada:
• You or your accompanying spouse or common-law partner has a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt/uncle, or grandchild of a parent, niece or nephew) who lives in Canada and is a Canadian citizen or permanent resident. 5 points

3:1.4 Summary of factors and general considerations

If after counting your points you have met or exceeded the pass mark, then you may qualify for immigration to Canada as a skilled worker. Please note that it is always the immigration official’s assessment of the points you are entitled to that prevails if there is a difference between the points as assessed by you and as assessed by the official.

If, on the other hand, after counting your points your total score is less than the pass mark, it means that you are not likely to qualify for immigration to Canada as a skilled worker.

However, you should know that even if you do not appear to achieve 67 points or more, you may nevertheless apply if you believe that there are other factors that would help you to become economically established in Canada. You should include a detailed letter with your application explaining these factors. Include any documents that support your claim.

In terms of the options you have if you do not meet the pass mark, they include working towards improving your language skills or education, seeking to obtain arranged employment and checking to see if you might qualify for the other categories of permanent residence applications, discussed in more detail in Chapters 5 and 6.