Important Changes to Federal Skilled Worker Program
On 26th June 2010 the long-expected changes to the Federal Skilled Worker Program were announced by the Canadian Government and published in the Canada Gazette. The changes to the rules came into force on the date of their publication.
Any applications already received by the Central Intake Office will continue to be processed under the original rules. Applications in process are therefore unaffected by the changes. These changes ONLY affect applications made under the Federal Skilled Worker Class – other types of applications (Provincial Nominee Applications, Sponsorship applications etc) will be unaffected.
In Brief:
- Changes to the Priority Occupations List. Many occupations removed. Some new ones added
- Introduction of a quota of 20,000 applications per year – this will fill-up quickly
- Removal of “Category 3”
- New procedures plus language tests are now mandatory (even for native English speakers)
APPLICANTS WITH “ARRANGED EMPLOYMENT”
Applicants who have job offers and a positive Labour Market Opinion or an Arranged Employment Opinion confirming their job offer will still be eligible to apply as Federal Skilled Workers. So will applicants who are already in Canada in certain types of work permits who also have a permanent job offer with the same employer.
CHANGED PRIORITY OCCUPATIONS LIST
For applicants who do not have Arranged Employment, the previous list of 38 Eligible NOC Codes (occupations) has been replaced by a new occupations list. There are only 29 occupations on the new list.
The following occupations have been REMOVED:
• Financial Managers
• Computer and Information Systems Managers
• Managers in Healthcare
• Accommodation Service Managers
• Construction Managers
• Financial Auditors and Accountants
• Geologists, Geochemists & Geophysicists
• Mining Engineers
• Geological Engineers
• Petroleum Engineers
• Audiologists and Speech Language Pathologists
• Occupational Therapists
• Head Nurses and Supervisors
• University Professors
• College & Other Vocational Instructors
• Contractors and Supervisors, Pipefitting Trades
• Contractors and Supervisors, Heavy Construction Equipment Crews
• Steamfitters, Pipefitters and Sprinkler System Installers
• Supervisors, Petroleum, Gas and Chemical Processing & Utilities
The following occupations have been ADDED:
• Primary Production Managers (Except Agriculture) – NOC 0811
• Professional Occupations in Business Services to Management – NOC 1122
• Insurance Adjusters and Claims Examiners – NOC 1233
• Biologists and Related Scientists – NOC 2121
• Architects – NOC 2151
• Dentists – NOC 3113
• Pharmacists – NOC 3131
• Psychologists – NOC 4141
• Social Workers – NOC 4152
• Contractors and Supervisors, Mechanic Trades – NOC 7216
Commentary: Most of these occupations are self-explanatory. The one occupation that is perhaps a little vague is “Professional Occupations in Business Services to Management”. According to the NOC database this occupation includes: “those who provide services to management such as analyzing the operations, managerial methods or functions of an organization in order to propose, plan and implement improvements, or analyzing advertising needs and developing appropriate advertising plans. They are employed by management consulting firms, advertising agencies and throughout the public and private sectors or are self-employed.” Example job titles include:
advertising account executive
advertising consultant
analyst, business management
analyst, occupational – services to management firms
consultant, advertising
consultant, business
consultant, management
consultant, organizational analysis
corporate planner
direct mail specialist
ISO consultant
management analyst
management consultant
marketing specialist – advertising
organizational analysis consultant
organizational analyst
product manager – marketing
promotion specialist
promotion strategies consultant
quality auditor, industrial standards
senior marketing consultant
team training specialist
We believe this occupation in particular provides a significant opportunity for anyone who works in the consulting field and/or marketing and advertising. The broad-reaching nature of the occupation and its main duties means that a wide range of jobs could potentially fall under this occupation code providing the right evidence is submitted.
The following occupations REMAIN on the list:
• Restaurant and Food Service Managers
• Specialist Physicians
• General Practitioners and Family Physicians
• Physiotherapists
• Registered Nurses
• Medical Radiation Technologists
• Licensed Practical Nurses
• Chefs
• Cooks
• Contractors and Supervisors, Carpentry Trades
• Electricians
• Industrial Electricians
• Plumbers
• Welders and related Machine Operators
• Heavy-Duty Equipment Mechanics
• Crane Operators
• Drillers and Blasters – Surface Mining, Quarrying & Construction
• Supervisors, Oil and Gas Drilling Services
OTHER SIGNIFICANT CHANGES
Removal of “Category 3” (People with 12 months work/study in Canada)
The so-called Category 3 on the previous Ministerial Instructions allowed people who had been in Canada for 12 months as students or Temporary workers to apply under the Federal Skilled Worker program, regardless of their occupation. This category has now been removed. Therefore 12 months study or temporary work in Canada no longer allows someone to apply as a Skilled Worker. They must have an occupation on the new list of 29 occupations; or have Arranged Employment.
Commentary: The removal of category 3 means that studying in Canada as part of a strategy to apply under the skilled worker program after 12 months becomes less attractive. However, all is not lost. If the partner of the student who is on a Spousal Open Work Permit obtains a permanent job offer, they can apply under the skilled worker program as the Principal Applicant and claim Arranged Employment (a permanent job offer plus a valid work permit is enough to meet the definition of Arranged Employment). Ether the student or the worker may also be able to apply under the Canadian Experience Class.
Introduction of a Cap on the number of application processed per year
Only 20,000 Skilled Worker Applications without arranged employment will be processed within the next 12 months (for the period starting now and ending June 30th, 2011). In addition, there is in individual cap of 1,000 applications per NOC Code (occupation) within the next 12 months.
This cap does not affect anyone applying with Arranged Employment.
Commentary: The introduction of a cap on the number of Skilled Worker applications that will be processed in a year is a move not expected by most. It is important to note that in 2009 the Central Intake Office received approximately 46,000 applications. So the cap set at 20,000 means that it is likely a substantial number of applications will not get processed. Most likely the quota just introduced will be exhausted by the end of this calendar year, with the effect that people who wish to apply will have to wait until July 2011 in order to apply within the new quota. However, there is the real possibility that the processing rules will change again by summer 2011, meaning that simply applying when the new quota commences might not be an option. Alternatively, this quota could have the effect that tens of thousands of people who were unable to apply once the quota for June 2010 – June 2011 is exhausted will resubmit their applications in the first few days of the new quota in July 2011. This would have the effect that next year’s quota will fill-up almost instantly. Also, since there is an individual quota on each NOC code, we expect certain NOC codes to fill-up very quickly. In particular Registered Nurses, Professional Occupations in Business Services to Management, Contractors and Supervisors of Carpentry Trades, and Electricians are likely to fill extremely quickly. The only practical solution is to make sure your application is submitted as quickly as possible.
Mandatory Language Testing
All applications must now be accompanied by approved language test results (e.g. IELTS for English and TEF for French) without exception. There is no longer the option to provide “other written evidence” in support of language ability.
Commentary: Even those Candidates who’s native language is English or French must still take the Language test. The test results need to be provided with the initial application. In practical terms this means that, because of the need to book a test in advance and wait for the results, the language test should be one of the first steps involved in preparing an application.
Changes to Processing Procedures
All supporting documents must now be submitted with an initial application to the Central Intake Office in Sydney, rather than waiting for a “120 day letter” before documents had to be submitted.
THESE CHANGES AFFECT ME – WHAT SHOULD I DO?
If you have an occupation that has been ADDED to the priority occupations list you should contact us as soon as possible. We will discuss with you whether you should submit an application. Because of the introduction of the quota of 1,000 applications per occupation some occupations will fill-up quickly so time is of the essence. Remember that is a worldwide quota so significant source countries such as China and India could exhaust the quotas very quickly.
If you HAD an occupation on the list that has been REMOVED please contact us to discuss alternative options.
If you are an existing client who might be affected by the changes (e.g. if you had applied for a study permit to study in Canada with the hope of later filing an application as a Skilled Worker) we will be contacting you individually to discuss who the changes will affect you.