Overview
Applicants who possess a high level of education and/or significant work experience that can be transferred to the Canadian labour market, usually apply under this category. The Applicant must meet certain criteria in order to qualify for immigration under the Skilled Worker category. The immigration criteria are set out in a point system formats.
The Point System
The Applicant’s qualifications are assessed through a point system. This point system is made up of six (6) factors which a visa officer will allocate points. These factors are:

• Education (maximum 25 points) – The highest level of education attained, and the total number of years of education by the Applicant.

• Language Ability (maximum 24 points) – The Applicant’s ability to speak, listen, write, and read in either one or both of Canada’s official languages - English or French. Please note that if the Applicant claims points under the language factor, proof of language proficiency must be provided.

• Work Experience (maximum 21 points) – The number of years the Applicant has worked in his/her profession.

• Age (maximum 10 points) – The current age of the Applicant. The ideal age is between twenty-one and forty-nine (21-49) years.

• Arranged Employment in Canada (maximum 10 points) – Either of a) a permanent job offer in Canada for which the Applicant is qualified, or b) the Applicant is currently employed in Canada and holds a work permit which is valid for twelve (12) months, and was confirmed by HRSDC.

• Adaptability (maximum 10 points) – The Applicant may be awarded points under this factor if they can show that they or their dependants will adapt easily to living in Canada. Examples are: spouse’s education, arranged employment, and family members who are Canadian Permanent Residents or Citizens.

The current pass mark is 67 points. Should the Applicant receive a score which is slightly less than the pass mark, discretionary points may be awarded by the visa officer if the Applicant can show their ability to successfully establish himself/herself in Canada. Please contact our office for further information regarding discretion cases.

Spouses
A spouse is defined as and individual who is 16 years of age or older and is a:,

• spouse by marriage;
• common-law partner; or
• conjugal partner

Dependents
A dependent child is defined as:

• A child under the age of 22 and does not have a spouse or common-law partner;

• A child who has been and still is a full time student and is substantially dependent on a parent for financial support since before the age of 22; or

• A child who financially dependent on a parent since before the age of 22 because of a disability.

Medical Examinations
The Applicant and each of his/her dependents (whether accompanying the Applicant or not) is required to undergo a Medical Examination. The Medical Examination must be performed by a physician who has been approved by Citizenship and Immigration Canada to perform these important exams. The Applicant and each dependent must pass the Medical Examination, therefore showing that neither of them has a medical condition that creates a danger to public health, or would cause significant demands on Canada’s health and/or social services.

Police Certificates
Each Applicant and dependent over the age of eighteen (18) must provide police clearances from each country in which they have resided for more than six months. The Applicant may have to consult various Consulates, Embassies and High Commissions for countries where difficulties arise in obtaining the required clearances.

Leaving Canada
A Permanent Resident is free to travel in and out of Canada. However, if order to comply with the residency obligations, he/she must accumulate two years of physical presence in Canada for every five-year period after they become a landed Permanent Resident (arrived in Canada). An exception to this rule would only apply to any one of the following:

• The Permanent Resident is accompanying a Canadian-citizen spouse or common-law partner;

• The Permanent Resident is a child under 22 years of age, accompanying a Canadian-citizen parent;

• The Permanent Resident is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province; or

• The Permanent Resident is a child under 22 years of age, accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.

A Permanent Resident may lose his/her status if she/he fails to comply with the residency obligations. When a Permanent Resident fails to meet their residency obligations, a departure order may be issued. This order requires that person to leave Canada. The decision to issue a departure order may be appealed to the IAD within 30 days of receiving the notification.

For further information regarding the procedures for applying for Canadian Permanent Residence under the Skilled Worker Category, please contact our office.