Category Archives: Federal Skilled Worker Program

Federal Skilled Worker Program Opens to Immigration Applicants

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New Canadians taking their Citizenship Oath. After nearly one year, the Federal Skilled Worker Program opened to new applications on May 4 with a set of changes to the applicant assessment process (Citizenship and Immigration Canada)

The federal government began accepting Federal Skilled Worker (FSW) applications on Saturday, marking an end to a nearly one year moratorium on the skilled worker program.

The annual reset of the program’s quota was scheduled for July 1 2012, but was postponed due to a backlog of FSW applications that Citizenship and Immigration Canada (CIC) said it needed to work through, and to give CIC time to make changes it said were needed to make the program better meet Canada’s economic needs.

The new annual quota for the FSWP is set at 5,000 applications, which is less than the 10,000 application cap of 2012, and is expected to be filled quickly as immigration hopefuls rush to apply after a years-long wait. The 5,000 applications accepted are expected to represent about 12,500 people as they will include spouses and dependents of principal applicants.

Citizenship and Immigration Minister Jason Kenney promoted the goals of the program changes on Friday, saying they would benefit Canada:

“The government’s number one priority remains jobs, economic growth and long-term prosperity. Our changes ensure not only that Canada can select the immigrants most needed by our economy, but that they are best positioned for success.”

These changes include a greater weight placed on English or French language ability, applicants of a younger age, and Canadian work experience, in assessments of FSW applicants. The changes were made after research and consultations to find the factors that most often accompanied successful economic integration and employment by immigrants.

The program has also introduced a requirement for applicants to provide Educational Credential Assessements (ECAs) for credentials earned outside of Canada, provided from one of three organizations designated to provide ECAs.

Federal Court Rules Against Immigration Hopefuls in Skilled Worker Backlog

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Justice Donald Rennie ruled that the federal government was within its rights to eliminate Federal Skilled Worker Program applications affecting approximately 280,000 people last year (StockMonkeys.com)

A federal court on Thursday ruled that the Canadian government was within its rights when it threw out the backlog of applications for the Federal Skilled Worker Program (FSWP) that were filed before February 27, 2008.

Presiding judge, Justice Donald Rennie, said that ”section 87.4 [of Bill C-38] is valid legislation, compliant with the rule of law, the Bill of Rights and the Charter.”

He addressed the fact that the legislation had caused would-be immigrants in the queue anguish:

“The applicants have waited in the queue for many years only to find the entrance door closed. They see the termination of their hope for a new life in Canada to be an unfair, arbitrary and unnecessary measure.”

But maintained that the applications were “terminated by operation of law” and that the court did not have the jurisdiction to overturn the legislation.

Lorne Waldman, a lawyer who represents the 1,400 people who are suing the federal government to force it to process their applications, said he would recommend to his clients to appeal Justice Rennie’s decision, which they have 15 days to do.

Federal Skilled Worker Occupation List Released

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Citizenship and Immigration Canada announced 24 occupations that will eligible for the Federal Skilled Worker Program (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) today released the list of 24 occupations that will be eligible for the Federal Skilled Worker Program (FSWP) when it launches next month on May 4th.

Furthermore, four organizations designated to provide Educational Credential Assessments (ECAs) for applicants who studied outside of Canada.

The eligible occupations are:

  • Engineering managers
  • Financial and investment analysts
  • Geoscientists and oceanographers
  • Civil engineers
  • Mechanical engineers
  • Chemical engineers
  • Mining engineers
  • Geological engineers
  • Petroleum engineers
  • Aerospace engineers
  • Computer engineers (except software engineers/designers)
  • Land surveyors
  • Computer programmers and interactive media developers
  • Industrial instrument technicians and mechanics
  • Inspectors in public and environmental health and occupational health and safety
  • Audiologists and speech-language pathologists
  • Physiotherapists
  • Occupational Therapists
  • Medical laboratory technologists
  • Medical laboratory technicians and pathologists’ assistants
  • Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
  • Medical radiation technologists
  • Medical sonographers
  • Cardiology technicians and electrophysiological diagnostic technologists, n.e.c. (not elsewhere classified)

The organizations designated to provide ECAs are:

  • Comparative Education Service: University of Toronto School of Continuing Studies
  • International Credential Assessment Service of Canada
  • World Education Services
  • Medical Council of Canada

Moreover, CIC announced a 5,000 cap for new FSWP applications, and a sub-cap of 300 applications for each eligible occupation.

Citizenship and Immigration Minister Jason Kenney said the new applications would take one year to process:

“As a result of the actions taken by the Government to deal with the massive backlogs and unacceptably long wait times, FSW applications will be processed in approximately one year.”

“We will not be able to remain competitive and attract the skilled immigrants we need if we allow backlogs and wait times to grow again. That’s why we are capping application intake and focusing on specific occupations that are experiencing labour shortages in Canada. This will also help us transition nicely into the just-in-time immigration system of the future,” Kenney added.

Canada’s Immigration Backlog Reduced by 40 Percent

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Citizenship and Immigration Minister Jason Kenney announced on Tuesday that his department had reduced the backlog of permanent resident applications by forty percent since 2008 (Citizenship and Immigration Canada)

Citizenship and Immigration Canada’s (CIC) backlog of permanent resident applications has declined by forty percent since 2008, according to a CIC announcement on Tuesday.

A freeze in the acceptance of new Federal Skilled Worker and Federal Immigrant Investor applications, in place since July 2012, and an indefinite suspension of the parent and grandparent sponsorship stream of the Family Class immigration program, have reduced the rate at which CIC is receiving new permanent resident applications and allowed it to work through the backlog.

Citizenship and Immigration Minister Jason Kenney applauded the development in a press conference, saying a reduced backlog would allow for a faster and better immigration system:

“Backlogs and delays prevent Canada from attracting the best and brightest from around the world and ensuring that our immigration system is contributing to economic growth and long-term prosperity. For too long, we accepted far more applications than we could process each year. That led to backlogs increasing every year and processing times of eight to ten years in some cases, which discouraged talented, dynamic people from coming to Canada.”

CIC’s goal is to reduce processing times of applications for permanent residence to less than one year, from the sometimes over five years that it has taken in recent years.

The eventual goal is to put in place an Expression of Interest (EOI) model by the end of 2014, which will solicit simplified applications from foreign nationals interested in immigrating to Canada and invite the most promising applicants to submit a full application.

Changes to Arranged Employment Stream of Federal Skilled Worker Program

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The Services Canada centre in Ottawa Centre. Applicants under the arranged employment stream of the Federal Skilled Worker Program need to include a positive Labour Market Opinion from Services Canada (HRSDC) with their application beginning May 4, 2013 (GOOGLE MAPS)

Changes will be coming to application requirements under the arranged employment stream of the Federal Skilled Worker Program (FSWP) on May 4, 2013, according to an announcement by Citizenship and Immigration Canada (CIC) this week.

Individuals with arranged employment in Canada and those enrolled in or who have graduated from a PhD program at a Canadian educational institution are the only groups of people who are currently eligible for the FSWP, as the program is suspended in preparation for the launch of new selection rules for the general application stream on May 4th.

In order for applicants outside of Canada to qualify for the FSW arranged employment stream, they are required to submit an Arranged Employment Opinion (AEO) issued by Human Resources and Skills Development Canada (HRSDC) for a skilled job (NOC skill level A or B), along with their application.

Applicants that are in Canada with a work permit at the time of their application are not required to submit an AEO.

According to this week’s notice, starting May 4th, CIC will require applicants outside of Canada to submit a Labour Market Opinion (LMO) instead of an AOE along with their application.

A LMO is typically issued by HRSDC to employers seeking a work permit for a foreign national they are interested in employing in Canada, and shows that the employment of the foreign national in Canada would likely not negatively affect Canadian jobs in the opinion of HRSDC.

Changing to requiring LMOs is expected to simplify government processes and save on procedural costs.

Canadian Immigration Hopefuls Gearing Up For Launch of Federal Skilled Worker Program

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Citizenship and Immigration Canada will be accepting applications for the Federal Skilled Worker Program starting May 4th

The Federal Skilled Worker Program (FSWP), the mainstay of the Canadian government’s economic class immigration stream, last accepted applications on May 8th 2012, when the program’s 20,000 application cap for the July 1st 2011 to June 30th 2012 period was reached.

On July 1st 2012, Citizenship and Immigration Canada (CIC) announced that the program would be put on moratorium to give the immigration department time to process FSWP applications in its backlog and to design new rules and put in place new processes for a revamped skilled worker program that better meets Canada’s economic needs.

Now, after a nearly one year wait, the program is set to begin accepting applications on May 4th 2013, providing skilled foreign workers who lack the financial means to qualify for Canada’s investor and business class programs and without a job offer from a Canadian employer, with an immigration program they can potentially qualify under.

Alex Khadempour, a licensed immigration consultant for CICS Immigration Consulting Inc., says that the majority of people who have contacted his firm over the last several months have been enquiring about the FSWP.

“There just aren’t any options through existing Canadian immigration programs for the vast majority of people who are interested in immigrating. Many who contact us are pinning their hopes on the return of the Federal Skilled Worker Class,” said Mr. Khadempour in an interview with CICS News.

One of the major new requirements of the revamped skilled worker program is the Educational Credential Assessment (ECA) said Mr. Khadempour: “we recommend to every one who contacts us to get their academic documents ready so that they can get their ECA as soon as CIC designates the Credential Assessment Organizations. All Federal Skilled Worker applications will require an ECA under the new rules.”

Immigrant Income Levels Depend on Canadian Immigration Program

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Data from the Statistics Canada report on the income of immigrants, released in December, shows large differences in the economic performance of immigrants depending on which immigration program they were admitted through (Moxy)

In the second part of our series on the recently released Statistics Canada report on the income of immigrants, we delve deeper into the data and look at how various economic class immigration programs compare for immigrants who arrived between 1986 and 2010. The first part can be found here.

Among the most important immigration-related issues for the federal government every year is picking the right mix of immigration programs to make up the annual quota that it sets aside for new permanent residents.

The major priorities that the federal government seeks to meet in selecting the allocation are:

  • meeting the humanitarian commitments it has set for itself to re-settle a certain portion of the world’s refugees
  • accommodating Canadians whose family members live abroad and who they would like to re-unite with through family class immigration sponsorship
  • admitting immigrants that will contribute to Canada’s economy and meet its investment and labour needs

To meet the last objective, the federal government currently allocates 60 percent of the permanent residence quota to economic class immigration programs, which consist of the Federal Skilled Worker Class (FSWC), the Canadian Experience Class (CEC), the business class programs, and the provincial nominee class programs.

Historically, the skilled worker program (FSWC) has contributed the largest portion of Canada’s economic class immigrants, but there have been calls to increase the proportion admitted through programs in the business and provincial nominee classes.

The provincial governments in particular have frequently called on the federal government to allow them to pick a greater share of Canada’s immigrants through their respective provincial nominee programs (PNPs), which has resulted in their quotas being increased from 2,500 in 1999, to over 30,000 in 2009.

Whether the FSWC should remain the mainstay of Canadian economic-class immigration or whether the PNPs, or perhaps business class programs, should continue to see their role expanded, is a question that the StatCan report can help answer.

The 30 year longitudinal study (we have only reproduced 24 years of it, as we assessed the data from 1980-1986 to be too limited to be useful) has a few surprising findings.

Income of immigrants by immigration program. Skilled worker class immigrants see the most wage growth over the 24 year period.

Early success for PNP immigrants, long-term success of the skilled worker class immigrants

Immigrants admitted through the FSWC earn significantly more than those admitted through the business classes, and after seven years in Canada, more than PNP class immigrants.

Average income in 2010 for skilled worker class immigrants. The graph shows rapid income gains in the first few years following immigration, followed by more gradual income growth

PNP-class immigrants earn nearly double what other immigrants earn in the first year of their permanent residence. This is most likely due to the fact that a person needs to already be in Canada and working to qualify for most provincial nominee programs, whereas immigrants who become permanent residents through the FSWC or business class programs arrive in Canada for the first time on the day they receive their permanent residency.

The data shows that the PNPs’ lead in income quickly closes, as FSWC immigrants see rapid income gains in their first few years in Canada.

Average income in 2010 for provincial nominee (PNP) class immigrants. PNP-class immigrants start out with much higher incomes than other economic-class immigrants

It should be taken into account however that the data on PNP-class immigrants that arrived in the early 2000s is quite limited, given the provincial nominee programs admitted fewer than 10,000 immigrants for most of the first of half of the 2000s, so the long term income growth statistics for the PNP class could change over-time.

Poor performance of business class immigrants

The business class immigrants, despite having met demanding minimum net worth requirements to qualify for immigration to Canada, have lower income levels than skilled worker and provincial nominee class immigrants, especially in the first few years after they arrive.

Over the long run, their income gradually converges with the skilled worker class, but this takes nearly 24 years and it never meets the level of their skilled worker counterparts.

One partial exception to this is immigrants from the Africa and Middle East region. Business class immigrants in this group see their income surpass skilled worker class-immigrants from the same region after 24 years.

Average income in 2010 for business class immigrants. Business class immigrants from the Africa and Middle East region see significant income growth over a 24 year period

Cause of business class under-performance

Ideally, business class immigrants, with their substantial capital and business experience, would be the biggest contributors to the Canadian economy among the country’s immigrant population.

One possible explanation for their lower than expected incomes is that they keep their investments abroad.

Canada, which has relatively high average personal income tax rates, is out-matched in investment opportunities by many regions in the world, like the rapidly developing Asian country of South Korea, which has average personal income tax rates and government expenditure levels that are one third lower than Canada.

While business-class immigrants could choose to remain invested abroad, skilled worker class immigrants likely benefit from working in Canada, since it is a high-income country that provides better wages than the vast majority of the world, and in any case they have few options other than working and earning their salary in Canada, since labour is not mobile like capital.

If investment opportunities in Canada being comparatively poor is in fact the cause of lower than expected income performance of business class immigrants, this is not a problem that the federal government can fix by changing immigration selection rules.

Lawyers Representing Canadian Immigration Applicants Argue Unlawful Discrimination in Backlog Wipe-Out

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Lawyers for 1,000 people affected by the Federal Skilled Worker application backlog wipe-out are optimistic about the comments made by presiding judge Justice Rennie at the hearing this week

Lawyers representing a group of 1,000 immigration hopefuls whose applications for permanent residence under the Federal Skilled Worker Program (FSWP) were closed by the federal government under Bill C-38 argued in a hearing this week that the government’s decision violated the Charter of Rights and should be struck down.

The 1,000 litigants are among those affected by Bill C-38, which wiped out the 97,715 cases (according to the Toronto Star) in the backlog of FSWP applications submitted before February 27th 2008.

The lawyers for the litigants argued that since applicants were only permitted to apply at one visa office, which was determined by their country of residence, and the government set quota for visa offices assigned to applicants in Asian and African countries was not sufficient to process the applications they received as quickly as applications sent to visa offices assigned to applicants from Western Europe and the Americas, the law discriminated against Asian and African applicants, which put it in violation of the Charter of Rights and made it unlawful.

The litigants’ lawyers pointed out that 81.4 percent of the applications that were in the backlog were from Asia and Africa.

Head attorney for the litigants in the case, Tim Leahy, expressed optimism at the comments of presiding judge, Justice Donald Rennie, to lawyers representing the government, in which he criticized as “paternalistic” toward the immigrants their argument that the application backlog wipe-out would be better for immigrants since it would allow for a just-in-time set of immigration rules that creates shorter processing times for them.

He called on them to keep their arguments confined to why the backlog wipe-out benefits Canada.

Also criticizing the government’s argument that the application wipe-out was necessary to put in place a just-in-time immigration selection process, Justice Rennie asked why the backlog and just-in-time approach were “mutually exclusive” and couldn’t exist simultaneously.

The litigants have so far failed in their attempts to force the government to reverse the backlog wipe-out through the courts, and even if they succeed in the current case, will likely face an appeal from the government.

Canada’s Most Popular Immigration Program Will Not Have Priority List – Minister

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The Federal Skilled Worker Program will not have a priority occupations list when it restarts on May 4th according to a tweet made by Citizenship and Immigration Minister Jason Kenney last August (Twitter)

A 140 character tweet from Citizenship and Immigration Minister Jason Kenney last August may have answered one of the most pressing questions about the updated rules of the Federal Skilled Worker Program (FSWP) when it relaunches in May: will it be limited to a select group of occupations?

The FSWP as it exists now is restricted to individuals qualified in one of the vocations on the priority occupations list.

The program is scheduled to begin accepting applications again in May of this year after a 10 month moratorium, and is expected to have a wide range of changes made to its selection rules.

One aspect of the program’s selection rules that was uncertain was whether a priority occupation list would exist under the revamped rules post-May 4th.

The Minister’s tweet on August 18th 2012, seen below, suggests it won’t:

Instead, applicants will be required to get an Educational Credential Assessment (ECA) from one of the designated credential assessment organizations to determine their educational credentials’ equivalent value in Canada.

New Federal Skilled Worker Program to Launch May 4 2013

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Citizenship and Immigration Minister Jason Kenney announced today that the long-awaited Federal Skilled Worker Program will be launched on May 4th 2013 (Citizenship and Immigration Canada)

Citizenship and Immigration Canada announced today that the Federal Skilled Worker Program (FSWP) will re-open on May 4 2013 with the new selection rules.

CIC closed the FSWP to new applications in July 2012, saying it needed time to reduce the program back-log and re-design the point system used to select immigrants to better meet Canada’s economic needs.

The re-launched FSWP will award more points for youth and English/French language proficiency, factors CIC says its body of research shows contribute to economic success for immigrants.

FSW applicants will need to meet the Canadian Language Benchmark 7 standard for English proficiency to qualify for the program, which is the equivalent to scoring 6 on the IELTS, the most widely taken English language assessment test.

The new FSWP selection rules will also utilize an Educational Credential Assessment (ECA) process that will be introduced with the program, which will award points for foreign educational credentials based on assessments of their equivalent value in Canada.

A list of organizations designated  by Citizenship and Immigration Minister Jason Kenney to do the assessments will be released in early 2013.

“For too long, too many immigrants to Canada have experienced underemployement and unemployment, and this has been detrimental to these newcomers and to the Canadian economy,” said Kenney.

“Our transformational changes to the FSWP will help ensure that skilled newcomers are able to contribute their skills fully to the economy as soon as possible. This is good for newcomers, good for the economy, and good for all Canadians.”

CIC also said that new FSWP applications will be processed in months, instead of years, owing to the work the department has done in reducing the existent backlog and limits the program will put in place in quantity of applications it will accept.

Federal Skilled Worker Program fact-sheet

  • Maximum points awarded for a principal applicant’s proficiency in a first official language increased from 16 to 24 points, in proficiency in a second official language reduced from 8 to 4 points
  • Maximum of 12 points awarded to applicants aged 19 to 35, with decreasing points awarded until age 46
  • Maximum number of points awarded for foreign work experience reduced from 21 to 15
  • Points awarded for spousal education replaced with a maximum of 4 points awarded for spousal language proficiency
  • Maximum of 10 points awarded for Canadian work experience
  • Points awarded for foreign education credentials to be determined by an assessment of the foreign credential’s equivalent value in Canada as assessed by an organization that is designated to provide credential assessment and authentication