Addit itional 2018 CPDS
Your CPD In Instructor Andrew Carvajal, LL.B / B.C.L., M.A., B.A. Immigration Lawyer and Instructor RCICCPD.ca by Full Skills Exam Prep
A Lit ittle About Me • Toronto immigration and tribunal lawyer • Partner, Desloges Law Group • acarvajal@desloges.ca • Twitter: @CarvajalLaw • LinkedIn: ca.linkedin.com/in/carvajalandrew • Personal site: www.carvajal.ca
Lesson Goals • Initial client assessment • Eligibility for the Federal economic programs for skilled labourers • Express Entry • The basics • Interpreting/declaring language tests and ECA reports • The Comprehensive Ranking System • Maximizing a client’s score • ITA trends • Amendments to the Ministerial Instructions: November 2016 and June 2017 • Tricks for the advanced practitioner • Examples of provincial EE streams • Ethical considerations
Economic Cla lasses in in the Legislation and Manuals ls • Part 6 of the IRPR • RR 72.8 – 115 • IRPA ss. 12(2), 87.4 and 87.5 • IRCC PDIs and OBs • https://www.canada.ca/en/immigration- refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes.html
The In Init itial Clie lient Assessment • The good candidate for a Federal/Provincial skilled labour programs • IRPA s. 12(2): a FN will be selected as a member of the economic class on the basis of their ability to become economically established in Canada • Appealing Attributes • Young (under 37) • Well educated • High English/French skills • Relevant skilled work experience • Ties to Canada/Province/Territory (some cases) • Screen for criminal/medical inadmissibilities
When to Consider PNP Options • Intention to reside in Quebec → must use Quebec programs • Often used as alternative • Not competitive under federal programs • Job offer in the province • Work experience in the province • Studies in the province • Particularly Master’s and PhD • Limited strategic recruitment streams for certain occupations
Federal Skill lled Labour Programs Federal Skilled Federal Skilled Trades Canadian Experience Worker (FSW) (FST) Class (CEC) • 1 year professional • Job offer backed by • 1 year Canadian work experience in LMIA professional work last 10 years experience in last 3 • or certificate of years • Intermediate-high qualification English or French • Intermediate-high • 2 years experience or intermediate • 67 point threshold in skilled trade in English/ French based on age, last 5 years depending on the education, work • Basic-intermediate occupation experience, English or French language skills, family in Canada, amongst others
FSW in in the Regulations • Definition & Minimum Requirements • R 75 (1), (2) and (3) • Selection criteria • R 76(1) • Minimum number of points • R 76 (2) • PDIs: https://www.canada.ca/en/immigration- refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes/federal-skilled-workers.html
FSW Poin ints System – Six ix Sele lection Factors • Not to be confused with EE’s CRS
FSW Advanced Is Issues • Minimum 1 year paid full-time experience (or equivalent part-time) must be continuous • 1 year full-time means 1,560 hours (30 h/w) • Can be accumulated with part-time work but cannot be accumulated in less than 52 weeks by working longer weeks • No requirement that experience be obtained under valid status • Canadian WE counts towards FSW • Experience in a skilled trade counts as skilled work • Self-employment counts but often challenging to prove • No list of occupations as of January 1, 2015 • Must prove settlement funds unless arranged employment
Proving Self lf Employment Work Exp xperie ience • Corporation/partnership registration documents • Tax documents • Time sheets • Invoices • Contracts – e.g. service contracts • Proof of payment • Letters • Partners, suppliers, vendors, clients, employees, accountants • Sworn affidavit from client
Comments on Proof of Settlement Funds • Must prove 6 months when submitting eAPR • Either letter of assets and liabilities with 6 month balance (most bank don’t issue this) OR • Current letter of assets and liabilities AND 6 months of statements • Funds must be available and transferable • Unencumbered by debts or other obligations • If tied in pension or investment funds have bank confirm that they are immediately transferable • If client is expecting a child, account for this when calculating settlement funds
FST in in the regula lations • Definition • R 87.2(1) • Class and membership • R 87.2(2)-(3) • Substituted evaluation • R 87.2(4) • Proof of funds • 87.2(5) • PDIs https://www.canada.ca/en/immigration-refugees- citizenship/corporate/publications-manuals/operational- bulletins-manuals/permanent-residence/economic- classes/federal-skilled-trades.html
FST Advanced Is Issues • No min points needed to qualify • Closed list of eligible trades • WE need not be continuous • No requirement that experience be obtained under valid status • Canadian WE counts towards FST • Self-employment counts but often challenging to prove • Provincial certificate of qualification replaces need of LMIA job offer • Must prove settlement funds unless arranged employment • Candidates who qualify exclusively for FST are very uncompetitive under general EE draws
CEC in in the Regulations • Definition • R 87.1(1) • Requirements • R 87.1(2) • Excluded work experience • R 87.1(3) • PDIs https://www.canada.ca/en/immigration- refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes/experience.html
CEC Advanced Is Issues • No min points needed to qualify • No list of ineligible occupations as of January 1, 2015 • WE need not be continuous • Experience in a skilled trade counts as skilled work • Minimum language requirements will vary depending on occupation • Requirement that experience BE obtained under valid work permit or authorization to work • E.g. work without a work permit such as religious worker counts if all other requirements are met • Work under implied status counts
CEC Advanced Is Issues • WE as a full-time student is not eligible • Self-employment does NOT count • Watch our for T4A vs. T4 – e.g. independent contractors • Ownership of 50% +1 of employer counts as self-employment • No need to prove settlement funds • Same rules that apply to CEC WE apply to points for Canadian WE under EE • Self-employment, full-time study, valid status to work
ENTRY
EE in in the Legislation • Little about EE is found in the legislation → flexible and easier to modify by Minister • Foundational legislation to create EE was introduced in Bill C-4 (Economic Action Plan 2013 Act, No. 2), which received Royal Assent in December 2013 • New division to the IRPA: Part 1 – Division 0.1 “Invitation to Make an Application” • A 10.1 – 10.4 • Pre-application stage as the first step in immigrating to Canada under certain economic programs • Candidates will demonstrate “expression of interest” • Measures enabling a role for third parties (provinces, territories and employers) • Minister will give instructions regarding selection of applicants and invitations to apply • A 11.2 • Issuance of PR to individuals meeting minimum criteria
Min inis isteria ial In Instructions (MIs Is) • Ministerial Instructions for the Express Entry Application Management System • https://www.canada.ca/en/immigration-refugees- citizenship/corporate/mandate/policies-operational- instructions-agreements/ministerial- instructions/express-entry-application-management- system.html • Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system • https://www.canada.ca/en/immigration-refugees- citizenship/corporate/mandate/policies-operational- instructions-agreements/ministerial- instructions/previous-express-entry-ministerial- instructions.html
Program Deliv livery In Instructions (PDIs) • General • Express Entry overview • Creating an Express Entry profile and requirements for entering the pool • Comprehensive Ranking System • Invitation to Apply • Intake • Electronic application for permanent residence • Completeness Check
Program Deliv livery In Instructions (PDIs) • Processing • Assessing an e-application on A11.2 • Assessing against minimum requirements • Assessing against the selection criteria • Making the selection decision • Admissibility and making a final decision
Exp xpress Entry try Basic ics • Online Electronic Management System and exclusive entry point to start an application under FSW, FST and CEC • NOT an immigration program • No cost to upload profile • No occupation list but experience must be in NOC skill type/level 0, A or B • Fast processing time of 6 months or less • Requires upfront language test results and ECA reports for those with foreign education
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