Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1 Amendments 1 The definition qualifying offer of arranged employment in section 1 of the Ministerial Instructions Respecting the Express Entry System is replaced by the following: qualifying offer of arranged employment means any offer of employment referred to in subsection 29(2). (offre d’emploi réservé admissible)

Vol. 150, No. 46 — November 12, 2016

 

GOVERNMENT NOTICES

 

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

The Minister of Citizenship and Immigration, pursuant to section 10.3 of the Immigration and Refugee Protection Act , gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1.

Ottawa, October 21, 2016

John McCallum

Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

Amendments

1 The definition qualifying offer of arranged employment in section 1 of the Ministerial Instructions Respecting the Express Entry System is replaced by the following:

qualifying offer of arranged employment means any offer of employment referred to in subsection 29(2). (offre d’emploi réservé admissible)

2 Sections 3 to 6 of the Instructions are replaced by the following:

Electronic system

3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.

Functions of electronic system

(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used

  • (a) to create the express entry pool which contains the expressions of interest submitted by foreign nationals;
  • (b) to notify any foreign national who has an expression of interest in the express entry pool of matters relating to their expression of interest, including
    • (i) whether the foreign national meets the requirements of subsection 5(1),
    • (ii) the number of points assigned to the foreign national under the Comprehensive Ranking System, and
    • (iii) whether the foreign national has been issued an invitation;
  • (c) for the purpose of the Comprehensive Ranking System referred to in section 8, including to determine
    • (i) the rank of the foreign national relative to other foreign nationals, and
    • (ii) whether the foreign national occupies the rank required in order to be issued an invitation;
  • (d) to automatically transfer the information provided by the foreign national in their expression of interest to an electronic application for permanent residence made by the foreign national under section 12.01 of the Regulations, if the foreign national is issued an invitation; and
  • (e) to carry out these Instructions.

Information required

(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including

  • (a) the results, which must be less than two years old, of any language test which is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection; and
  • (b) if applicable, the results, which must be less than five years old, of any assessment of the equivalency of their educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations.

Expired results

(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of paragraph 5(1)(a), to no longer be able to meet the requirements of the Regulations that are related to those results.

Expression of interest — submission by other means

(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Day and time of receipt

(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.

Express entry pool

4 (1) If a foreign national’s expression of interest demonstrates that they meet the requirements of paragraph 5(1)(a), it is to be included in the express entry pool until the earliest of

  • (a) the day on which the expression of interest demonstrates that the requirements of paragraph 5(1)(a) are no longer met;
  • (b) the day on which the period referred to in paragraph 5(1)(b) expires, if the foreign national was required to meet the requirements of that paragraph and has not done so;
  • (c) the day that is one year after the day on which the expression of interest was received; and
  • (d) if the Minister issues an invitation,
    • (i) the day on which the foreign national makes an application for a permanent resident visa in response to the invitation, or
    • (ii) the day the period referred to in section 6 expires, if the foreign national has not declined the invitation.

Updates to expression of interest

(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.

Eligibility criteria

5 (1) In order to be eligible to be issued an invitation, a foreign national must

  • (a) if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class; and
  • (b) within 30 days after the day on which they submit their expression of interest, register with the Job Bank for Job Seekers of the Canada Employment Insurance Commission, if they do not have a qualifying offer of arranged employment or a nomination certificate issued by the government of a province referred to in paragraph 2(d) under its provincial nominee program express entry stream at the end of that period.

Ability to meet requirements

(2) For the purpose of the issuance of an invitation, the decision as to whether a foreign national meets the requirements of paragraph (1)(a) is made on the basis of the information provided in the expression of interest.

Exception

(3) Despite paragraph (1)(b), a foreign national who is unable to register by means of an electronic system with the Job Bank because of a physical or mental disability is not required to register with that Job Bank to be eligible to be issued an invitation.

Validity period

6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.

3 Subsection 7(1) of the Instructions is replaced by the following:

Personal information

7(1) The Minister may, for the purpose of section 10.4 of the Act and in order to facilitate the registration of foreign nationals with the Job Bank referred to in paragraph 5(1)(b) and the confirmation of their registration, confirm to the Canada Employment Insurance Commission that a specific combination of an express entry profile number and a Job Seeker validation code corresponds to a valid expression of interest.

4 (1) Paragraph 8(1)(d) of the Instructions is re- placed by the following:

  • (d) additional factors.

(2) Subparagraph 8(2)(a)(iii) of the Instructions is replaced by the following:

  • (iii) a maximum total of 600 points for additional factors; and

(3) Subparagraph 8(2)(b)(iv) of the Instructions is replaced by the following:

  • (iv) a maximum of 600 points for additional factors.

5 (1) Paragraph 12(2)(b) of the Instructions is replaced by the following:

  • (b) must provide, with respect to those languages, the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection.

(2) Subsection 12(3) of the Instructions is replaced by the following:

Two year duration

(3) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

6 Subsection 15(3) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) is remunerated by the payment of wages or a commission.

7 (1) Paragraph 18(2)(b) of the Instructions is replaced by the following:

  • (b) the foreign national must provide, with respect to their spouse or common-law partner’s first official language, the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection.

(2) Section 18 of the Instructions is amended by adding the following after subsection (2):

Two year duration

(2.1) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

8 Subsection 19(4) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) is remunerated by the payment of wages or a commission.

9 Paragraphs 21(1)(b) to (e) of the Instructions are replaced by the following:

  • (b) 13 points, if the foreign national has a post- secondary program credential of one or more years and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
  • (c) 25 points, if the foreign national has a post- secondary program credential of one or more years and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
  • (d) 25 points, if the foreign national’s proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9 and they have
    • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
    • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) a university-level credential at the doctoral level; and
  • (e) 50 points, if the foreign national’s proficiency in their first official language is assessed at level 9 or higher in all language skill areas and they have
    • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
    • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) a university-level credential at the doctoral level.

10 Paragraphs 22(1)(d) and (e) of the Instructions are replaced by the following:

  • (d) 25 points, if the foreign national has one year of Canadian work experience and
    • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
    • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) a university-level credential at the doctoral level; and
  • (e) 50 points, if the foreign national has two or more years of Canadian work experience and
    • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
    • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) a university-level credential at the doctoral level.

11 Paragraphs 23(b) to (e) of the Instructions are replaced by the following:

  • (b) 13 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
  • (c) 25 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
  • (d) 25 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9; and
  • (e) 50 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas.

12 (1) The portion of subsection 25(1) of the French version of the Instructions before paragraph (a) is replaced by the following:

(1) Pour l’application des articles 23 et 24, l’expérience de travail à l’étranger est l’expérience de travail qui, à la fois :

(2) Subsection 25(1) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) is remunerated by the payment of wages or a commission.

13 The Instructions are amended by adding the following after section 27:

Additional factors

27.1 The additional factors referred to in paragraph 8(1)(d) are factors relating to

  • (a) provincial nomination;
  • (b) qualifying offer of arranged employment; and
  • (c) Canadian educational credentials.

14 Sections 29 to 34 of the Instructions are replaced by the following:

Points for qualifying offer of arranged employment

29 (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows:

  • (a) 200 points, if the offer is for employment in an occupation contained in Major Group 00 of the National Occupation Classification; or
  • (b) 50 points, if the offer is any other qualifying offer of arranged employment.

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

  • (a) an arranged employment as defined in subsection 82(1) of the Regulations, if
    • (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of the employer or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
    • (ii) the foreign national holds a valid work permit, the offer of employment is made by an employer for whom the foreign national currently works and who is specified on the work permit, the work permit was issued based on a positive determination made by an officer under subsection 203(1) of the Regulations with respect to the foreign national’s employment with that employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment provided by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked, or
    • (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;
  • (b) an offer of continuous full-time employment for a total duration of at least one year from the day on which a permanent resident visa is issued in a skilled trade occupation as defined in subsection 87.2(1) of the Regulations that is made to the foreign national by up to two employers, neither of which is an embassy, high commission or consulate in Canada or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations if
    • (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of one or two employers or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
    • (ii) the foreign national holds a valid work permit, the offer is made by up to two employers who are specified on the work permit, the foreign national currently works for one of those employers, the work permit was issued on the basis of a positive determination by an officer under subsection 203(1) of the Regulations with respect to their employment with their current employer, the assessment by the Department of Employment and Social Development on which the determination is based is not revoked or suspended, and the offer is in a skilled trade occupation that is in the same minor group set out in the National Occupational Classification as the occupation specified on the work permit, or
    • (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations that specifies the employer or employers that made the offer, and the foreign national works for an employer specified on the permit and has accumulated a total of at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer.

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Canadian educational credentials

30 (1) The points that are to be assigned for a Canadian educational credential are the following:

  • (a) 0 points, if the foreign national has a secondary school educational credential;
  • (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
  • (c) 30 points, if the foreign national has
    • (i) an eligible credential from a post-secondary program of three years or more,
    • (ii) an eligible credential from a university-level program at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) an eligible credential from a university-level program at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements

(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

  • (a) studied in Canada at a Canadian educational institution;
  • (b) was enrolled in full-time study or training for at least eight months; and
  • (c) was physically present in Canada for at least eight months.

Eligible credentials

(4) For the purpose of this section, an eligible credential is one of the following:

  • (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public postsecondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public postsecondary institution;
  • (b) a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
  • (c) a Bachelor’s, Master’s or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.

Exceptions

(5) For the purpose of this section, the following are not eligible credentials:

  • (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
  • (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
  • (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.

Maximum points

31 The maximum number of points that may be assigned under subsections 28(1), 29(1) and 30(1), taken together, is 600 points.

32 Repealed.

33 Repealed.

34 Repealed.

Coming into Force

15 These Instructions come into force on November 19, 2016.