•    What does “federal skilled worker” mean?

•    What if I have already applied and want to withdraw my application? Can I get my money back?

•    Will my fee be refunded if my application is returned or refused?

•    What is “arranged employment”?

•   Is the simplified application process still being used for skilled workers?

Changes to the law that affect how federal skilled workers are assessed

•    What changes have been made to the way my federal skilled worker application is assessed?

•    What happens if I already applied to immigrate to Canada before February 27, 2008? How will this affect me?

•    Do the changes affect the points system?

•    If I applied before the new law came into effect, and I would be eligible for processing according to the criteria in the instructions, can I withdraw my application and reapply under the new system?

•    Do the changes affect application fees?

•    What if I’m not eligible under the criteria outlined in the instructions?

•    Do I need to reapply if I submitted my application on or after February 27, 2008, but before the Minister’s instructions were issued?

•    I am an international student or a temporary foreign worker living legally in Canada. Should I apply under the Canadian Experience Class, or under the Federal Skilled Worker category? What’s the difference between the two?

Q: What does “federal skilled worker” mean?

Skilled workers are selected as permanent residents based on their education, work experience, knowledge of English and/or French, and other criteria that have been shown to help them become economically established in Canada.

The term “federal skilled worker” refers to the category under which skilled workers apply if they want to live in any Canadian province or territory except Quebec.

Skilled workers who want to live in Quebec apply under a separate category. The province of Quebec selects its own skilled workers and therefore applicants going to Quebec through that program are known as “Quebec-selected” skilled workers.

Q: What if I have already applied and want to withdraw my application? Can I get my money back?

You can contact your local visa office and withdraw your application. Your fee will be refunded as long as the office has not begun processing your application.

Q: Will my fee be refunded if my application is returned or refused?

If you applied before February 27, 2008, the date the changes to the immigration law took effect, your application will be processed. You will not get a refund unless you choose to withdraw your application before it is processed.

If you applied on or after February 27, 2008, and your application is not eligible for processing, you will get a full refund. If your application is processed and it is refused, you will not get a refund.

Q: What is “arranged employment”?

“Arranged employment” is where a skilled worker applicant has a certain kind of job offer in place before applying to immigrate to Canada.

If you have an offer of permanent employment from a Canadian employer, it can improve your chances of having your federal skilled worker application approved.



Depending on your circumstances, the requirements for a valid offer of employment are different.

1) If you are currently working in Canada:

•    your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and

•    your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued.

In addition:

•    your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or

•    you must be in a category that is exempt from an Arranged Employment Opinion

in order for your offer of employment to be valid.

2) In all other cases:

You must not be working in Canada and you either

•    do not have a valid work permit or

•    you have a work permit, but your circumstances are different from those described in the first example.

In this case, the offer of employment is valid if your prospective employer

•    has made an offer to hire you on an indeterminate basis if you are accepted as a federal skilled worker, and

•    has obtained a positive Arranged Employment Opinion from HRSDC

and you

•    meet all required Canadian licensing or regulatory standards associated with the job.

Q: Is the simplified application process still being used for skilled workers?

No. Changes have been made to the way skilled worker applications are processed. As a result, applicants are now asked to submit a completed regular application.

Q: What changes have been made to the way my federal skilled worker application is assessed?

With changes to the Immigration and Refugee Protection Act, federal skilled worker applications received on or after February 27, 2008 will be assessed for eligibility according to a set of instructions issued by the Minister of Citizenship, Immigration and Multiculturalism.

These instructions, which are based on input from the provinces and territories, the public, business, labour and non-governmental organizations, allow Canada to better respond to labour market needs.

If your application meets the criteria outlined in the instructions, it will then be assessed according to the points system.

Q: What happens if I already applied to immigrate to Canada before February 27, 2008? How will this affect me?

If you applied before February 27, 2008, your application is not affected by the new law. It only applies to applications submitted on or after February 27, 2008.

Q: Do the changes affect the points system?

No. If a skilled worker application is found eligible for processing, it will then be assessed according to the points system.

Q: If I applied before the new law came into effect, and I would be eligible for processing according to the criteria in the instructions, can I withdraw my application and reapply under the new system?

Yes. If you want to withdraw your application and reapply under the new rules you may do so.

Q: Do the changes affect application fees?

The changes do not affect the current application fees.

Q: What if I’m not eligible under the criteria outlined in the instructions?

The eligibility criteria outlined in the instructions are meant to reflect Canada’s labour market needs. As these needs change, new instructions will be issued. You can visit our website to find out if there are changes.

There are many ways to immigrate to Canada. If you don’t meet the criteria to apply under the Federal Skilled Worker Program, you may qualify under another category.(link to Visa Programs page)

Q: Do I need to reapply if I submitted my application on or after February 27, 2008, but before the Minister’s instructions were issued?

No.

Q: I am an international student or a temporary foreign worker living legally in Canada. Should I apply under the Canadian Experience Class, or under the Federal Skilled Worker category? What’s the difference between the two?

Some international students and temporary foreign workers living legally in Canada are eligible to apply to stay permanently in Canada under either the Federal Skilled Worker Program or the Canadian Experience Class (CEC). The main differences between eligibility for the two categories are the length of time you’ve spent in Canada and the way you’ll be assessed.

For example:

•    federal skilled worker applicants must be assessed against the points system for factors like education, language, work experience, age and adaptability; and

•    CEC applicants must meet specific minimum requirements for language ability, Canadian work experience and, in some cases, Canadian education.

Learn more about the requirements for: (include internal links to following pages)

•    Federal Skilled Workers

•    Canadian Experience Class