Welcome to your lesson on the Federal Skilled Worker Program!

Estimated study time: 6 hours

 

CIC: Determine your eligibility – Skilled Worker http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

IRPR R75(1) – R85.6 http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-16.html#h-42

Immigrate as a skilled worker through Express Entry http://www.cic.gc.ca/ENGLISH/immigrate/skilled/index.asp

Hire a Federal Skilled Worker http://www.cic.gc.ca/english/hire/skilled.asp

CIC/IRCC Help Centre http://www.cic.gc.ca/english/helpcentre/questions-answers-by-topic.asp?top=29

Processing federal skilled worker class e-applications received on or after January 1, 2015 http://www.cic.gc.ca/english/resources/tools/perm/econ/fsw/index.asp?v=post

Here is the link for job offer/LMIA requirements as seen in Alexa’s scenario: http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

 

Court Decisions regarding the Federal Skilled Worker Stream:

One of the main requirements of all federal economic streams is to show intent to reside outside of Quebec. Dhaliwal v. Canada is a February, 2016 decision that shows how important this intent is to demonstrate in order to be a successful Federal Skilled Worker applicant. https://goo.gl/9fZDTR

De Azeem v. Canada is a case that helps clarify the importance of genuine job offers in order to meet the requirements of the Federal Skilled Worker Program. In this situation, the officer determined that the job offer was an ‘offer of convenience’ and that the applicant’s work experience did not match the NOC requirements. https://goo.gl/oxiQAq

Wickramasekera v. Canada provides clarification on when substituted evaluation is used in accordance with R76(3)

Wijayansinghe v. Canada is a great case to read so you can have a better understanding of negative substitution of evaluation under R76(3)

Paul v. Canada is another great example of the importance of meeting the NOC requirements in terms of proving job experience as part of the Federal Skilled Worker Program. https://goo.gl/2kWNTX

Although Nasr v. Canada is a decision from 2011, it still gives a great illustration of how the Federal Skilled Worker needs to have performed substantial number of main NOC duties in order for his experience to be considered relevant. https://goo.gl/y3EWGu