Welcome to your newest ICCRC Exam Prep lesson on the Federal Skilled Trades Program!
Estimated study time: 2.5 hours
CIC: Determine your eligibility – Skilled trades http://www.cic.gc.ca/english/immigrate/trades/apply-who.asp
IRPR R87.2(1) – R87.2(5) http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-19.html#h-52
Federal skilled trades class: Assessing the application against selection criteria http://www.cic.gc.ca/english/resources/tools/perm/econ/fst/processing/criteria.asp
Hire a foreign worker in a federal skilled trade http://www.cic.gc.ca/english/hire/fstp.asp
NOC Federal Skilled Trades Occupations http://www.cic.gc.ca/english/immigrate/trades/apply-who.asp#noc
Fourteen Portuguese construction workers filed for leave for judicial review to answer the question of whether or not an officer obliged to conduct a substituted evaluation for people who did not meet the CLB requirements under the Federal Skilled Trades program. The answer is ‘no,’ but you can read about the process to come to that solution here.
Here is an interesting case to demonstrate the importance of proving that there aren’t any Canadians or Permanent Residents available to perform the tasks required (welding and carpentry in this case) before applying for an LMIA.
In this case, we can see a thorough example of ‘ability to perform the work sought’ as seen in R200(3)(a). A person can be the best trades-person in the world, but if he/she does not meet the minimum language requirements, the application is likely to be denied.
In another example highlighting the importance of an LMIA, the officer’s decision to reject an LMIA application was sent to another officer because of perceived ‘incompetence’ by the deciding officer.
Provincial/Territorial Trade Authorities responsible for Certificates of Qualification:
- British Columbia
- New Brunswick
- Newfoundland and Labrador
- Northwest Territories
- Nova Scotia
- Prince Edward Island