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Federal Skilled Worker Program

Federal Skilled Worker Program 

The Federal Skilled Worker Program (FSWP) Canada is an immigration pathway designed to attract skilled workers from around the world who want to become permanent residents in Canada. Applicants can apply based on their Education, Language Proficiency and Work Experience skills.

Understanding the Federal Skilled Worker Program

 

The Federal Skilled Worker Program (FSWP) is an immigration program managed by the Government of Canada as part of its economic immigration system. It is designed to attract skilled workers from around the world who possess the qualifications and work experience needed to contribute to the Canadian economy. The FSWP is one of the three federal programs under the Express Entry system, which is a points-based immigration system used to manage applications for permanent residence in Canada.

To be eligible for the Federal Skilled Worker Program, applicants must meet specific criteria, including having at least one year of continuous full-time work experience (or an equivalent amount of part-time work) in an eligible occupation within the past ten years. The work experience must be in one of the 347 eligible occupations listed by the Canadian government.

Additionally, applicants must demonstrate their proficiency in English or French by taking an approved language test. They are also assessed based on factors such as age, education level, work experience, and adaptability, which collectively contribute to their Comprehensive Ranking System (CRS) score.

Applicants who meet the criteria and have a competitive CRS score are placed into a pool of candidates. The Canadian government conducts regular Express Entry draws, where candidates with the highest CRS scores are invited to apply for permanent residence. Once invited, applicants have a specified time to submit a complete application and undergo a medical exam and security check.

 

The Federal Skilled Worker Program aims to attract skilled workers who can contribute to Canada's economy and society, while also providing individuals and families with an opportunity to live and work in Canada permanently.

Who can apply for permanent residence as a Federal Skilled Worker?

Skilled workers with a minimum work experience of 1 year in specific categories who want to immigrate to Canada permanently can apply through the Federal Skilled Worker Program. Candidates who are foreign nationals can apply through this program whether they are already inside Canada or outside Canada.

Skilled foreign nationals who meet the minimum requirements of the program must submit an Express Entry profile to Immigration, Refugees and Citizenship Canada (IRCC). Simply submitting an Express Entry profile does not guarantee that a foreign national will receive a Canadian permanent residence. Once you submit a profile you will be awarded a Comprehensive Ranking System - CRS score. Selected candidates who qualify will be send an Invitation to Apply (ITA) for permanent residence for Canada.

Eligibility Criteria for the Federal Skilled Worker Program

The Federal Skilled Worker Program (FSWP) is a key component of Canada's immigration system, designed to attract skilled immigrants who can contribute to the country's economy. The eligibility criteria for the FSWP are comprehensive and designed to assess applicants on their ability to establish themselves economically in Canada. Here are the detailed eligibility criteria:

 

1. Skilled Work Experience

To be eligible for the FSWP, you must have at least one year of continuous, full-time (or equivalent part-time) work experience in a single occupation, within the last 10 years. This work experience must be in a National Occupational Classification (NOC) 0, 1, 2 or 3 occupation.

National Occupational Classification

 

The National Occupational Classification (NOC) is a system used by the Canadian government to classify jobs based on the type of work a person does and the tasks involved in the job. The NOC is crucial in the Federal Skilled Worker Program - FSWP application process as it helps determine whether a job is considered skilled and thus eligible for the program. Applicants must identify their job title, code, and skill type or level in their application.

NOC 2021

  • TEER Category 0 - Occupations in management

  • TEER Category 1 - A university degree (bachelor’s, master’s, or doctorate); or several years of TEER category two experience in a given occupation (when applicable).

  • TEER Category 2 - Completion of a two- to the three-year postsecondary education program at a community college, the institution of technology, or CEGEP; or completion of a two to a five-year apprenticeship training program; or occupations having supervisory or major safety duties (police officers and firefighters); or several years of TEER category three experience in a given occupation (when applicable).

  • TEER Category 3 - Completion of a two-year postsecondary education program at a community college, institute of technology, or CÉGEP; or apprenticeship training that lasts shorter than two years; or more than six months of on-the-job training, training courses, or particular professional experience with a high school diploma; or several years of TEER category four experience in a given occupation (when applicable).

  • TEER Category 4 - Secondary school graduation; or several weeks of on-the-job training combined with a high school diploma; or Several years of TEER category five experience in a given occupation (when applicable).

  • TEER Category 5 - There are no formal schooling prerequisites and only a brief job demonstration.

The work experience must be paid (volunteer work and unpaid internships do not count), and it must be acquired while the applicant was legally permitted to work in the country where the experience was obtained.

NOC 2016

  • Skill Type 0 (zero): management jobs, such as CEO, COO and other management level jobs.

  • Skill Level A: professional jobs that usually call for a degree from a university, including a range of Information Technology (IT) occupations, engineering and construction occupations, legal occupations, and more.

  • Skill Level B: technical jobs and skilled trades that usually call for a college diploma or training as an apprentice, such as chefs, plumbers, general office workers, retail salespersons, and more.

  • Skill Level C: Occupations that usually require a secondary school and/or occupation-specific training

  • Skill Level D: Occupations that usually require on-the-job training

NOC Skill Types

The NOC Skill Type identifies the industry of the occupation. There are ten Skill Types in the NOC matrix:

0 – Management occupations

1 – Business, finance, and administration occupations

2 – Natural and applied sciences and related occupations

3 – Health occupations

4 – Occupations in education, law and social, community and government services

5 – Occupations in art, culture, recreation and sport

6 – Sales and service occupations

7 – Trades, transport and equipment operators and related occupations

8 – Natural resources, agriculture and related production occupations

9 – Occupations in manufacturing and utilities

 

The first digit of most NOC codes identifies the Skill Type of the occupation.

2. Language Ability

Applicants must demonstrate proficiency in either English or French, Canada's two official languages. You must take a language test approved by Immigration, Refugees and Citizenship Canada (IRCC) that shows you meet the level for speaking, listening, reading, and writing. You must meet the minimum level of Canadian Language Benchmark (CLB) 7 in English or French for all four language abilities.

 

3. Education

Applicants must have a Canadian secondary (high school) or post-secondary certificate, diploma or degree, or an equivalent foreign credential. Foreign credentials must be assessed by an approved agency to prove their equivalence to Canadian credentials, which is known as an Educational Credential Assessment (ECA).

 

4. Financial Stability

Unless you are currently authorized to work in Canada or have a valid job offer from an employer in Canada, you must prove that you have enough money to support yourself and your family after you arrive in Canada. The amount you need depends on the size of your family.

 

5. Admissibility

Applicants must be admissible to Canada. This means they must not have any criminal history, pose a risk to Canada's security, have any serious health problems, or have any financial issues. Applicants will need to undergo a medical examination and provide police certificates as part of their application.

 

6. Selection Factors and Points

In addition to meeting the above criteria, applicants are also assessed on six selection factors and must score at least 67 points out of 100.

 

These factors are:

  • Education: Up to 25 points

  • Language skills: Up to 28 points

  • Work experience: Up to 15 points

  • Age: Up to 12 points

  • Arranged employment in Canada: Up to 10 points

  • Adaptability (how well you're likely to settle in Canada): Up to 10 points

 

The FSWP is a competitive program, and meeting the minimum requirements does not guarantee success. However, understanding the eligibility criteria can help applicants prepare a strong application and increase their chances of being invited to apply for permanent residence.

FSW 6 Selection Factors for 67 Points.png

Role of a valid job offer and its benefits for Express Entry under FSWP

A valid job offer plays a significant role in the Express Entry process under the Federal Skilled Worker Program (FSWP) in Canada. Here's how:

  1. Increased Comprehensive Ranking System (CRS) Score: Having a valid job offer from a Canadian employer can significantly increase an applicant's CRS score. A job offer of arranged employment can earn an applicant up to 200 additional points depending on the position. This can greatly enhance the applicant's chances of receiving an Invitation to Apply (ITA) for permanent residence.

  2. Fulfillment of Minimum Requirements: For the FSWP, a valid job offer can help meet the minimum eligibility requirements. The job offer must be for full-time, continuous, paid work for at least one year and fall under the National Occupational Classification (NOC) 0, A, or B category.

  3. Labour Market Impact Assessment (LMIA): A positive LMIA indicates that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. A valid job offer supported by a positive LMIA can be beneficial in the Express Entry process.

  4. Settlement in Canada: A valid job offer not only helps in the immigration process but also aids in the settlement in Canada. It provides a source of income and helps the immigrant integrate into Canadian society more smoothly.

  5. Provincial Nominee Program (PNP): Some provinces in Canada have specific streams under the PNP that require a job offer from an employer in that province. If an applicant is nominated under the PNP, they can receive an additional 600 points in their CRS score, virtually guaranteeing an ITA.

 

However, it's important to note that while a valid job offer has its benefits, it is not a mandatory requirement for the FSWP under Express Entry. Many applicants receive ITAs without a job offer based on their skills, experience, language proficiency, and other factors.

Valid Job Offer

For the Federal Skilled Worker Program (FSWP) under Express Entry in 2023, a job offer is considered valid if it meets the following criteria:

  1. It must be recent and in writing.

  2. It must not be from an embassy, high commission, or consulate in Canada.

  3. It must set out details of the job they’re offering you, such as your pay and deductions, your duties, and the conditions of employment, like your hours of work.

  4. The job offer must be for continuous, paid, full-time work (at least 30 hours a week) for at least 1 year after the issuance of your permanent resident visa.

  5. The job must be in a National Occupational Classification (NOC) TEER category 0, 1, 2, or 3.

  6. The job offer must be made by an employer with a new positive Labour Market Impact Assessment (LMIA) that approves the offer and names you and your position. However, there are exceptions where an LMIA is not required, such as if you’re already working for the employer with a work permit based on that LMIA, or if you work in a job that doesn’t need an LMIA.

 

Please note that a work permit on its own is not a job offer, even if it is an open work permit.

 

For physicians with a job offer in Canada, there is a temporary public policy. Under this policy, your job offer is valid under the FSWP even if the job being offered is not continuous and does not last for at least 1 year after the issuance of your permanent resident visa. The job offer allows you to earn points for arranged employment under the FSWP selection factors and toward your total Express Entry score in the Comprehensive Ranking System.

Application Process for the Federal Skilled Worker Program

 

The Federal Skilled Worker Program (FSWP) is a popular immigration pathway for skilled workers who wish to become permanent residents of Canada. The application process for the FSWP is managed through the Express Entry system, an online system that expedites the processing of applications. Here is a detailed step-by-step guide to the application process.

 

Step 1: Gather Necessary Documents

Before you can create an Express Entry profile, you need to gather several necessary documents. These include:

  • Passport or travel document: You will need to provide information from your passport, so it's important to have a valid passport ready.

  • Language test results: You must take a language test in English or French for writing, reading, listening, and speaking, and get a minimum score of Canadian Language Benchmark (CLB) 7 in all four abilities. Accepted tests are IELTS (General Training), CELPIP (General), and TEF Canada for French.

  • Education Credential Assessment (ECA) report: If you completed your education outside Canada, you need to get an ECA from an approved organization to prove that your foreign education is valid and equal to a completed certificate, diploma or degree in Canada.

  • Job offer letter (if applicable): If you have a valid job offer from a Canadian employer, you need to provide the details of the job offer.

  • Provincial Nomination (if applicable): If you have been nominated by a Canadian province or territory, you need to provide the nomination details.

 

Step 2: Create an Express Entry Profile

Once you have all necessary documents, you can create your Express Entry profile online. This profile includes information about your skills, work experience, language ability, education, and other details. You will also need to provide information about your spouse or common-law partner (if applicable), and any dependent children.

 

Step 3: Enter the Express Entry Pool

After you complete your Express Entry profile, you will be entered into the Express Entry pool of candidates. Your profile will be ranked using the Comprehensive Ranking System (CRS), which assigns points based on factors such as age, education, language proficiency, and work experience.

 

Step 4: Receive an Invitation to Apply (ITA)

If your profile is among the highest ranked in the Express Entry pool, you will receive an Invitation to Apply (ITA) for permanent residence. The number of ITAs issued in each Express Entry draw can vary, and not all candidates in the pool will receive an ITA.

 

Step 5: Submit Your Application for Permanent Residence

After receiving an ITA, you have 60 days to submit a complete application for permanent residence. This application includes all the information in your Express Entry profile, plus additional details and documents. You will need to provide police certificates, medical exams, proof of funds, and other documents.

 

Step 6: Application Review

Once your application is submitted, it will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC). They will check that all information is correct, that all necessary documents are included, and that you meet all the eligibility requirements for the FSWP.

 

Step 7: Decision on Your Application

After your application is reviewed, you will receive a decision. If your application is approved, you will receive a Confirmation of Permanent Residence (COPR) and a permanent resident visa (if you're from a country that requires a visa).

 

Step 8: Prepare for Arrival in Canada

Once you receive your COPR and visa, you can prepare for your move to Canada. You must arrive in Canada before your COPR and visa expire.

FSW step by step process - Immergity Immigration Consultant

Processing Time for the Federal Skilled Worker Program

 

The processing time for the Federal Skilled Worker Program can vary based on a number of factors. However, as of 2023, the average processing time is approximately six months from the date of application submission. This time frame includes the time it takes to check the application for completeness, verify the information provided, conduct necessary background checks, and make a decision on the application.

It's important to note that some applications may take longer to process if they are complex, for example, if there are criminal or medical issues to consider. Applicants can check the status of their application online through their IRCC account.

Cost of Applying to the Federal Skilled Worker Program

 

Applying to the Federal Skilled Worker Program involves several costs. These include:

  • Processing fee: CAD 825 per adult applicant, CAD 225 per dependent child

  • Right of Permanent Residence Fee (RPRF): CAD 500 per adult applicant

  • Biometrics fee: CAD 85 per person, up to a maximum of CAD 170 per family

  • Third-party fees for medical exams, police certificates, and language testing

 

It's important to note that the RPRF is refundable if the application is not approved, or if the applicant withdraws their application or does not use their visa.

Minimum Income Requirement for Federal Skilled Worker Program 2023

 

The minimum income requirement for the Federal Skilled Worker Program in Canada for 2023 is based on the size of your family. As of

 

April 25, 2023, the required funds (in Canadian dollars) are as follows:

  • For 1 family member: $13,757

  • For 2 family members: $17,127

  • For 3 family members: $21,055

  • For 4 family members: $25,564

  • For 5 family members: $28,994

  • For 6 family members: $32,700

  • For 7 family members: $36,407

  • For each additional family member beyond 7: $3,706

 

These funds must be available to you both when you apply and when a permanent resident visa is issued (if your application is approved). The funds must be legally accessible and cannot be borrowed from another person. You must be able to use this money to pay for your family’s costs of living. If your spouse is coming with you, you can count money you have together in a joint account. You may be able to count money in an account under your spouse’s name only, but you must prove you have access to the money.

 

For proof, you must get official letters from any banks or financial institutions where you have an account. These letters must be printed on the financial institution’s letterhead and include the bank or institution’s contact information, your name, your outstanding debts, account numbers, date each account was opened, current account balances, and average balance for the past 6 months.

 

Please note that these requirements are subject to change without notice.

Funds required for FSWP to Canada.png

The Role of Express Entry in the Federal Skilled Worker Program

Express Entry is an online system that manages applications for permanent residence from skilled workers. The Federal Skilled Worker Program is one of the three programs managed under Express Entry.

When you apply through the FSWP, you are actually creating an Express Entry profile. Your profile is then entered into a pool of candidates, and you are ranked based on your CRS score. If your score is among the highest, you will receive an ITA for permanent residence.

 

Express Entry is designed to expedite the immigration process, with most applications being processed in six months or less.

Comprehensive Ranking System and the Federal Skilled Worker Program

 

What is the Comprehensive Ranking System?

 

The Comprehensive Ranking System is a points-based system that the Canadian government uses to assess and rank candidates in the Express Entry pool. Unlike the Federal Skilled Worker Program 67 points system, which determines eligibility for the program, the CRS score determines a candidate's rank within the Express Entry pool.

 

The CRS awards points for factors such as:

  • Skills and experience factors

  • Spouse or common-law partner factors (such as their language skills and education)

  • Skills transferability (including education and work experience)

  • Additional points for factors such as having a nomination from a province or territory, a valid job offer, a Canadian degree, diploma or certificate, a sibling living in Canada who is a citizen or permanent resident, and strong French language skills.

 

The maximum number of points a candidate can achieve is 1,200.

 

How Do the Federal Skilled Worker Program and Comprehensive Ranking System for Express Entry Interact?

Once a candidate has been found eligible for the Federal Skilled Worker Program, they enter the Express Entry pool and are assigned a CRS score. This score determines their rank within the pool and thus their likelihood of receiving an Invitation to Apply (ITA) for permanent residency.

The Canadian government regularly conducts Express Entry draws, during which candidates above a certain CRS score are invited to apply for permanent residency. Therefore, while the Federal Skilled Worker Program - FSWP determines a candidate's eligibility to enter the pool, the CRS score plays a crucial role in their chances of successfully immigrating to Canada.

In conclusion, both the Federal Skilled Worker Program and the Comprehensive Ranking System are integral parts of Canada's Express Entry immigration system. Understanding how they work together can significantly improve a candidate's chances of successfully navigating the immigration process.

The Connection Between the Express Entry Profile and the Federal Skilled Worker Program

The connection between the Express Entry profile and the Federal Skilled Worker Program is straightforward: the Express Entry profile is the means by which individuals apply for the FSWP.

When creating an Express Entry profile, individuals indicate which of the three programs they are eligible for and wish to apply to. If they choose the FSWP, they must meet the program's minimum requirements, which include having at least one year of continuous full-time (or equivalent part-time) work experience in a skilled occupation, and achieving a minimum score on a language test in English or French, among other criteria.

Once the Express Entry profile is complete, the individual is entered into a pool of candidates. They are then ranked based on the Comprehensive Ranking System (CRS), which assigns points for factors such as skills, experience, language proficiency, and education. The highest-ranking candidates are periodically invited to apply for permanent residence.

Exploring Other Immigration Options

 

Apart from the Federal Skilled Worker Program, Canada offers various other immigration programs for skilled workers. The Federal Skilled Trades Program is designed for workers in specific trades, while the Provincial Nominee Program allows Canadian provinces and territories to nominate individuals who wish to immigrate to Canada and settle in a particular province. Another option, the Canadian Experience Class, is for skilled workers who already have Canadian work experience and wish to become permanent residents.

Increasing Your Comprehensive Ranking System (CRS) Score for Express Entry

 

The Comprehensive Ranking System (CRS) is a points-based system used by the Canadian government to assess and score a candidate's profile in the Express Entry pool. The CRS score determines your rank within the pool, and those with the highest scores are invited to apply for permanent residence. Here are some strategies to increase your CRS score:

 

Improve Your Language Skills

Language proficiency in English or French can significantly impact your CRS score. If you can improve your language test results, you can increase your CRS score. For instance, achieving a Canadian Language Benchmark (CLB) of 9 or higher in all language abilities can give you maximum points for the first official language.

 

Additionally, if you're proficient in both English and French, you can earn additional points for being bilingual.

Gain More Work Experience

Increasing your work experience can help improve your CRS score. If you have less than three years of work experience, gaining additional years can increase your points.

 

Remember, you can count both work experience gained in Canada and abroad, but Canadian work experience can earn you more points.

 

Pursue Further Education

Higher education can significantly increase your CRS score. If you have a chance to pursue further education, such as a Master's degree or PhD, it can boost your points.

 

If your education was completed outside Canada, make sure to get an Educational Credential Assessment (ECA) to prove that your foreign degree, diploma, certificate (or other proof of your credential) is valid and equal to a Canadian one.

 

Secure a Valid Job Offer or Provincial Nomination

A valid job offer from a Canadian employer or a nomination from a province or territory can significantly increase your CRS score.

 

A valid job offer must be for a full-time job that is permanent and not seasonal. The job must be listed as Skill Type 0, or Skill Level A or B in the National Occupational Classification (NOC).

 

A provincial nomination can add 600 points to your CRS score, effectively guaranteeing that you will receive an Invitation to Apply (ITA) in

the next Express Entry draw.

 

Add Your Spouse or Common-Law Partner

If you have a spouse or common-law partner, including them in your application can potentially increase your CRS score. If your partner has a good language score, education, or skilled work experience, it can contribute to your overall CRS score.

 

Gain Additional Skills

You can earn additional points for certain skills that can transfer well to the Canadian labor market. These include strong language skills in your second official language, having a sibling in Canada who is a citizen or permanent resident, or having strong foreign or Canadian work experience in combination with a high level of education.

Changes to Skilled Migration - 2023

Express Entry Rounds of Invitations: Category-Based Selection

 

The Government of Canada has introduced a category-based selection system in its Express Entry immigration program. This system allows the government to issue invitations to apply for permanent residency to candidates from specific fields or with particular skills, training, or language abilities. The new system aims to address labor needs that support identified economic goals and strengthen Francophone immigration.

The category-based rounds add to general and program-specific rounds by inviting top-ranking candidates who can help meet these specific economic goals. The categories are chosen based on labor market information and projections, and input received from partners, including provinces and territories, and stakeholders across the country.

 

For 2023, the chosen categories include French-language proficiency, Healthcare occupations, Science, Technology, Engineering and Math (STEM) occupations, Trade occupations, Transport occupations, and Agriculture and agri-food occupations. To be eligible for an invitation through a category-based round, candidates must meet the minimum criteria for Express Entry, including being eligible for one of the three immigration programs it covers, and meet all of the requirements in the instructions for that round.

 

Insights:

  1. The category-based selection system is a significant step towards making Canada's immigration process more targeted and efficient, addressing specific economic and labor needs.

  2. The policy underscores the importance of strategic immigration programs in enhancing Canada's economic growth and diversity.

  3. The inclusion of various occupational categories suggests a comprehensive approach to immigration, recognizing the value and contribution of different skills and professions to the Canadian economy.

New Process to Welcome Skilled Newcomers with Work Experience in Priority Jobs as Permanent Residents

 

In response to the labor shortages across the country, the Government of Canada has launched a new process to welcome skilled newcomers with work experience in priority jobs as permanent residents. This initiative aims to build an immigration system that acts as a catalyst for growth, empowering businesses, addressing their labor needs, and strengthening French communities.

The previous, Honorable Sean Fraser, Minister of Immigration, Refugees and Citizenship, announced the first-ever launch of category-based selection for Canada’s flagship economic immigration management system, Express Entry. This selection will allow Canada to issue invitations to apply to prospective permanent residents with specific skills, training, or language ability. The details on the timing of invitations for individual categories and how to apply will be announced in the coming weeks.

This year, category-based selection invitations will focus on candidates who have a strong French language proficiency or work experience in the following fields: healthcare, science, technology, engineering, and mathematics (STEM) professions, trades, transport, and agriculture and agri-food. This new selection process supports Canada’s commitment to welcoming in-demand professionals into communities across the country and ensuring that French communities can continue to live their life in Canada in the official language of their choice.

Insights:

  1. The launch of the category-based selection process in the Express Entry system is a significant step towards addressing labor shortages in Canada and making the immigration system more responsive to the country’s economic needs.

  2. The focus on French language proficiency and work experience in specific fields underscores the importance of strategic immigration programs in enhancing Canada's economic growth and cultural diversity.

  3. The new process suggests a comprehensive approach to immigration, recognizing the value and contribution of different skills and professions to the Canadian economy.

New Immigration Stream Specific to Health Workers

 

In response to unprecedented shortages in the health sector, the Government of Canada has announced a new immigration stream specifically for health workers. The Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, and the Honorable Jean-Yves Duclos, Minister of Health, revealed the new features of this dedicated round of invitations for health workers, including doctors, nurses, dentists, physiotherapists, and optometrists.

The first round of category-based selection opened on June 28, 2023, inviting 500 health workers to apply for permanent residency. A second round, inviting 1,500 workers, is scheduled for July 5. This phased approach aims to ensure a smooth launch of the program.

By focusing on candidates with healthcare expertise, this measure will help improve access to health care services for Canadians and their families. It also supports Canada’s commitment to welcoming in-demand professionals and skilled workers into communities across the country.

The dedicated round of invitations for health workers is in addition to existing immigration initiatives to fill labor gaps in the health sector. This includes the Economic Mobility Pathways Pilot, which creates opportunities for skilled refugees and other displaced individuals to continue their careers in Canada.

Insights:

  1. The new immigration stream for health workers is a significant step towards addressing labor shortages in Canada's health sector and making the immigration system more responsive to the country’s healthcare needs.

  2. The phased approach to inviting health workers for permanent residency suggests a strategic and organized implementation of the new immigration stream.

  3. The inclusion of the Economic Mobility Pathways Pilot in the discussion underscores the importance of diverse immigration programs in enhancing Canada's healthcare workforce.

On what grounds can my express entry application be refused or rejected?

All applications are based on the information you provided to the IRCC. The onus of proof of authenticity always lies on the applicant. If the immigration officer believes that you have provided incorrect information or have not submitted enough proof to verify your claims, they may ask for addition clarification or reject your application.

Here are some of the common reasons that your application might be rejected for:

  1. INELIGIBILITY 

If you do not meet the basic requirements of the program or category you applied for, your application may be denied.

 

 2. MISREPRESENTATION

This is considered a very serious offence with the IRCC. If an applicant is found misrepresenting on their application to immigrate to Canada, they can be deemed inadmissible to Canada. Common examples of misrepresentation are: 

  • Fake documentation - Education, work experience or any other illegitimate documents.

  • Inadmissibility of family members - If 1 or more of your family members are inadmissible to Canada, then you may be charged with misrepresentation and inadmissible.

  •  Marriage of Convenience - Fake marriages just to for Canadian immigration or failure to declare information about your spouse - like divorce, separation or custody of children etc.

 

 3. MEDICAL GROUNDS

Canada's health care system is considered one of the best in the world. And it is paid for by the government. Therefore, if during your medical exams, it is ascertained that your medical condition:

  • is going to affect the overall health of the Canadian citizens OR 

  • result in an excessive demand on the Canadian health care and social services.

 

 4. CRIMINALITY

This is self-explanatory. If you or any other member of your application or family has a criminal background for  which you have not already finished rehabilitation, your application will be denied. Every applicant has to submit a clean criminal record certificate for every country they have lived in for over 6 months since the day they turned 18. 

 

 5. FINANCIAL REASONS

As part of the Visa application process for Canada, every applicant needs to submit proof of financial capability. Failure to do so will result in your application being refused. You need to show that you will be able to support all accompanying or non-accompanying family members as part of your immigration application.

 

 6. INCOMPLETE or INCORRECT DOCUMENTATION

Most applications for Canadian immigration are electronic, yet there are some that are paper based as well. If you are unable to provide the correct documents, complete documents or provide all documents in the time-frame specified, your application may be refused. It is advisable to include all documents provided in the document checklist for every application.

 

 7. TIMELINES

The Canadian immigration department receives thousands of applications for every program. In order to maintain efficiency in evaluation and outcome, it is important that applicants abide by the time lines provided in the application package. Failure to do so will result in delays of refusal. The best practice is to keep all your documents ready before you apply and submit your application for immigration to Canada.

How Can I Avoid a Canadian Immigration Refusal?

Refusal or denial can be painful and stressful. Most people think that they know what they're doing and will do it right. Not all of them can actually claim that they will not make a mistake. Immigration applications to Canada are a 1-time opportunity. A mistake can lead to irreparable damage to your profile. Therefore, you may want to consider hiring a professional immigration consultant who has the knowledge and expertise in matters of Canadian immigration laws. 

Contact us now to connect with our Regulated Canadian  Immigration Consultant (RCIC) now.

Appeal Process in the Federal Skilled Worker Program

 

In the event that your application for the Federal Skilled Worker Program is refused, you may have the right to appeal the decision. The appeal process involves submitting an application to the Federal Court of Canada for a judicial review of the decision.

 

It's important to note that you cannot appeal simply because you disagree with the decision. You must have legal grounds for your appeal, such as an error in law or fact, or a breach of procedural fairness.

 

The appeal process can be complex, and it may be beneficial to seek legal advice. If your appeal is successful, your application will be returned to IRCC for re-assessment. It does not guarantee that your application will be approved.

The Process

Step 1: Understanding the Reason for Refusal

When your application is refused, Immigration, Refugees and Citizenship Canada (IRCC) will send you a letter explaining why. It's important to understand the reasons for refusal, as this will determine whether you have grounds for an appeal.

 

Step 2: Determine If You Have Grounds for an Appeal

You cannot appeal simply because you disagree with the decision. You must have legal grounds for your appeal. This could be an error in law or fact made by the officer, or a breach of procedural fairness. For instance, if the officer did not consider all the information presented, or if there was a mistake in applying the law, you may have grounds for an appeal.

 

Step 3: Apply for Judicial Review

If you believe you have grounds for an appeal, the next step is to apply for a judicial review at the Federal Court of Canada. This is not a re-evaluation of your application, but a review of how the decision was made. The Federal Court will look at whether the decision was made fairly, and in accordance with the law.

 

You must apply for a judicial review within 15 days of receiving the refusal if you are in Canada, or within 60 days if you are outside Canada.

 

Step 4: Federal Court Decision

The Federal Court will review your application and the reasons for the refusal. If the Court finds that an error was made in the decision-making process, it can overturn the refusal and order that your application be re-assessed by a different officer. However, this does not guarantee that your application will be approved.

 

If the Court upholds the refusal, then the decision is final and cannot be appealed further.

 

Step 5: Re-Application

If your appeal is unsuccessful, or if you do not have grounds for an appeal, you can consider re-applying. Before re-applying, it's important to address the reasons why your application was refused in the first place. This could involve improving your language skills, gaining additional work experience, or providing more detailed or accurate information in your application.

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