Frequently asked questions - Skilled workers and professionals

Federal skilled workers

1. What does “federal skilled worker” mean?

Skilled workers are selected as permanent residents based on their education, work experience, knowledge of English and/or French, and other criteria that have been shown to help them become economically established in Canada.

The term “federal skilled worker” refers to the category under which skilled workers apply if they want to live in any Canadian province or territory except Quebec.

Skilled workers who want to live in Quebec apply under a separate category. The province of Quebec selects its own skilled workers and therefore applicants going to Quebec through that program are known as “Quebec-selected” skilled workers.

2. What if I have already applied and want to withdraw my application? Can I get my money back?

You can contact your local visa office and withdraw your application. Your fee will be refunded as long as the office has not begun processing your application.

3. Will my fee be refunded if my application is returned or refused?

If you applied before February 27, 2008, the date the changes to the immigration law took effect, your application will be processed. You will not get a refund unless you choose to withdraw your application before it is processed.

If you applied on or after February 27, 2008, and your application is not eligible for processing, you will get a full refund. If your application is processed and it is refused, you will not get a refund.

4. What is arranged employment?

Arranged employment is where a skilled worker applicant has a certain kind of job offer in place before applying to immigrate to Canada.

5. Is the simplified application process still being used for skilled workers?

No. Changes have been made to the way skilled worker applications are processed. As a result, applicants are now asked to submit a completed regular application (IMM 0008).


Changes to the law that affect how federal skilled workers are assessed

1. What changes have been made to the way my federal skilled worker application is assessed?

With changes to the Immigration and Refugee Protection Act, federal skilled worker applications received on or after February 27, 2008 will be assessed for eligibility according to a set of eligibility criteria issued by the Minister of Citizenship, Immigration and Multiculturalism.

These criteria, which are based on input from the provinces and territories, the public, business, labour and non-governmental organizations, allow Canada to better respond to labour market needs.

If your application meets the criteria, it will then be assessed according to the points system.

If you are not sure if you should apply as a skilled worker, you can:

　· use the eligibility tool to get an idea of whether your application would be eligible for processing, then
　· try a self-assessment test to see if you might earn enough points to qualify.

2. What happens if I already applied to immigrate to Canada before February 27, 2008? How will this affect me?

If you applied before February 27, 2008, your application is not affected by the new law. It only applies to applications submitted on or after February 27, 2008.

3. Do the changes affect the points system?

No. If a skilled worker application is found eligible for processing, it will then be assessed according to the points system.

4. Do the changes affect application fees?

The changes do not affect the current application fees.

5. Do I need to reapply if I submitted my application on or after February 27, 2008, but before the eligibility criteria were issued?

No.

6. I applied after February 27, 2008, but I don’t meet the eligibility criteria. Does this mean my case will not be processed? Should I withdraw my application or wait for further notice from your office?

If we determine that your application does not meet the eligibility criteria, you will be notified that your application will not be processed and your processing fees will be returned to you. If you want to withdraw your application now, you may do so and receive a full refund if we have not yet begun processing it.

The eligibility criteria are meant to reflect Canada’s labour market needs. As these needs change, new criteria will be set. You can visit our website to find out if there are changes.

There are many ways to immigrate to Canada. If you don’t meet the criteria to apply under the Federal Skilled Worker Program, you may qualify under another category.

7. I applied before February 27, 2008, and noticed that I have experience in one of the 38 eligible occupations. Does this mean my application will be processed more quickly?

No. Applications received before February 27, 2008, will be processed in the order they were received, according to the regulations in place at the time. Please see Client Services to learn the status of your application.

8. I applied after February 27, 2008, but before the eligibility criteria were issued. It seems I do not qualify, but my spouse does. Can I submit her application now instead and use the same fee?

If your spouse or common-law partner wishes to apply and include you as an accompanying family member, he or she may do so. Your spouse or common-law partner must submit a new application, including new processing fees, in order to become the principal applicant.

The processing fee you paid with your application cannot be used for your spouse or partner’s application. However, your processing fee will be refunded if we confirm that you don't meet the eligibility criteria, or if you withdraw your application before we have begun processing it.

9. According to the eligibility criteria, I am eligible to apply as a skilled worker if I am a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student. What do you mean by living legally in Canada for one year? Can it be any year?

This refers to foreign nationals who have been living legally in Canada for at least the past year as temporary foreign workers or international students. You can meet this requirement with proof that:


　· your authorized period of stay was at least one year, and it must be the year immediately preceding your application;
　· throughout this period you have been a temporary foreign worker or an international student; and
　· you are still in Canada.

Proof of your authorized stay may include:

　· an entry stamp in your passport;
　· a temporary resident record;
　· a work permit; or
　· a study permit.

Proof that you are a temporary foreign worker or international student may include:

　· letters from employers or schools;
　· records of pay;
　· attendance records;
　· report cards; or
　· transcripts, etc.

Proof that you are still in Canada may include a residential address and correspondence sent to that address.

This list is not exhaustive. We may accept other proof that you have been living legally in Canada for the past year as a worker or student.

Note: If you are subject to an unenforced removal order, you are not considered to be living legally in Canada.

10. I am an international student or a temporary foreign worker living legally in Canada. Should I apply under the Canadian Experience Class, or under the Federal Skilled Worker category? What’s the difference between the two?

Some international students and temporary foreign workers living legally in Canada are eligible to apply to stay permanently in Canada under either the Federal Skilled Worker Program or the Canadian Experience Class (CEC). The main differences between eligibility for the two categories are the length of time you’ve spent in Canada and the way you’ll be assessed.

For example:

　· federal skilled worker applicants must be assessed against the points system for factors like education, language, work experience, age and adaptability; and

　· CEC applicants must meet specific minimum requirements for language ability, Canadian work experience and, in some cases, Canadian education.

Learn more about the requirements for

　· Federal Skilled Worker category
　· Canadian Experience Class

You can also use our self-assessment tool to find out if you could qualify under either.