Ministerial Instructions Respecting the Express Entry System

“family member”

« membre de la famille »

“family member” has the same meaning as in subsection 1(3) of the Regulations.

“minimum necessary income”

« revenue vital minimum »

“minimum necessary income” means the amount identified, in the most recent edition of the publication concerning low-income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons consisting of a foreign national and their family members.

Comprehensive Ranking System components

8. (1) The determination as to whether a foreign national who is included in the express entry pool of candidates occupies the rank required in order to be issued an invitation under paragraph 10.2(1)(b) of the Act is to be made using the total number of points assigned to the foreign national based on the information provided in their expression of interest and using the Comprehensive Ranking System that consists of the following components:

• (a) core human capital factors;
• (b) accompanying spouse or common-law partner factors;
• (c) skill transferability factors; and
• (d) factors relating to a provincial nomination or a qualifying offer of arranged employment.

Total number of points

(2) The total number of points that may be assigned under the Comprehensive Ranking System is 1200 points, allocated as follows:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) a maximum of 500 points for the core human capital factors,
  • (ii) a maximum of 100 points for skill transferability factors, and
  • (iii) a maximum of 600 points for either a provincial nomination or a qualifying offer of arranged employment; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) a maximum of 460 points for the core human capital factors,
  • (ii) a maximum of 40 points for accompanying spouse or common-law partner factors,
  • (iii) a maximum of 100 points for skill transferability factors, and
  • (iv) a maximum of 600 points for either a provincial nomination or a qualifying offer of arranged employment.

Core human capital factors

9. The core human capital factors referred to in paragraph 8(1)(a) are the following:

• (a) age;
• (b) level of education;
• (c) official language proficiency; and
• (d) Canadian work experience.

Age

10. (1) The points that are to be assigned for the age factor referred to in paragraph 9(a) are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national is 17 years of age or less,
  • (ii) 99 points, if the foreign national is 18 years of age,
  • (iii) 105 points, if the foreign national is 19 years of age,
  • (iv) 110 points, if the foreign national is 20 to 29 years of age,
  • (v) 105 points, if the foreign national is 30 years of age,
  • (vi) 99 points, if the foreign national is 31 years of age,
  • (vii) 94 points, if the foreign national is 32 years of age,
  • (viii) 88 points, if the foreign national is 33 years of age,
  • (ix) 83 points, if the foreign national is 34 years of age,
  • (x) 77 points, if the foreign national is 35 years of age,
  • (xi) 72 points, if the foreign national is 36 years of age,
  • (xii) 66 points, if the foreign national is 37 years of age,
  • (xiii) 61 points, if the foreign national is 38 years of age,
  • (xiv) 55 points, if the foreign national is 39 years of age,
  • (xv) 50 points, if the foreign national is 40 years of age,
  • (xvi) 39 points, if the foreign national is 41 years of age,
  • (xvii) 28 points, if the foreign national is 42 years of age,
  • (xviii) 17 points, if the foreign national is 43 years of age,
  • (xix) 6 points, if the foreign national is 44 years of age, and
  • (xx) 0 points, if the foreign national is 45 years of age or more; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national is 17 years of age or less,
  • (ii) 90 points, if the foreign national is 18 years of age,
  • (iii) 95 points, if the foreign national is 19 years of age,
  • (iv) 100 points, if the foreign national is 20 to 29 years of age,
  • (v) 95 points, if the foreign national is 30 years of age,
  • (vi) 90 points, if the foreign national is 31 years of age,
  • (vii) 85 points, if the foreign national is 32 years of age,
  • (viii) 80 points, if the foreign national is 33 years of age,
  • (ix) 75 points, if the foreign national is 34 years of age,
  • (x) 70 points, if the foreign national is 35 years of age,
  • (xi) 65 points, if the foreign national is 36 years of age,
  • (xii) 60 points, if the foreign national is 37 years of age,
  • (xiii) 55 points, if the foreign national is 38 years of age,
  • (xiv) 50 points, if the foreign national is 39 years of age,
  • (xv) 45 points, if the foreign national is 40 years of age,
  • (xvi) 35 points, if the foreign national is 41 years of age,
  • (xvii) 25 points, if the foreign national is 42 years of age,
  • (xviii) 15 points, if the foreign national is 43 years of age,
  • (xix) 5 points, if the foreign national is 44 years of age, and
  • (xx) 0 points, if the foreign national is 45 years of age or more.

(2) The maximum number of points that may be assigned under

• (a) paragraph 1(a) is 110 points; and
• (b) paragraph 1(b) is 100 points.

Level of education

11. (1) The points that are to be assigned for the level of education factor referred to paragraph 9(b) are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national has less than a secondary school credential,
  • (ii) 30 points, if the foreign national has a secondary school credential,
  • (iii) 90 points, if the foreign national has a one-year post-secondary program credential,
  • (iv) 98 points, if the foreign national has a two-year post-secondary program credential,
  • (v) 120 points, if the foreign national has a post-secondary program credential of three years or more,
  • (vi) 128 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
  • (vii) 135 points, if the foreign national has 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, and
  • (viii) 150 points, if the foreign national has a university-level credential at the doctoral level; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national has less than a secondary school credential,
  • (ii) 28 points, if the foreign national has a secondary school credential,
  • (iii) 84 points, if the foreign national has a one-year post-secondary program credential,
  • (iv) 91 points, if the foreign national has a two-year post-secondary program credential,
  • (v) 112 points, if the foreign national has a post-secondary program credential of three years or more,
  • (vi) 119 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
  • (vii) 126 points, if the foreign national has a university-level credential at the master’s level or 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 require , and
  • (viii) 140 points, if the foreign national has a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1),

• (a) their educational credentials must be Canadian educational credentials; or
• (b) they must have a valid educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.

Maximum points

(4) The maximum number of points that may be assigned under

• (a) paragraph (1)(a) is 150 points; and
• (b) paragraph (1)(b) 140 points.

Period of assessment’s validity

(5) For the purposes of paragraph 11(3)(b), the assessment referred to in that paragraph is considered to be valid for a period of five years from the day on which it is issued.

Official language proficiency

12. (1) The points that are to be assigned for the official language proficiency factor referred to in paragraph 9(c) consist of points for the proficiency of a foreign national in their first official language and points for their proficiency in their second official language.

First and second official languages

(2) In order to be assigned points under subsection (1) for their official language proficiency, the foreign national

• (a) must specify which official language is to be considered their first official language and which official language is to be considered their second official language; and
• (b) must have their proficiency in their first and second official languages assessed by an organization or institution designated under subsection 74(3) of the Regulations.

Assessment’s validity period

(3) For the purposes of paragraph 12(2)(b), the assessment referred to in that paragraph is considered to be valid for a period of two years from the day on which it is issued.

Basis for assigning points

(4) The points that are assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points that are assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

Proficiency — first official language

13. (1) The points that are to be assigned for proficiency in each of the language skill areas in the first official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points for being assessed at less than level 4,
  • (ii) 6 points for being assessed at level 4 or 5,
  • (iii) 9 points for being assessed at level 6,
  • (iv) 17 points for being assessed at level 7,
  • (v) 23 points for being assessed at level 8,
  • (vi) 31 points for being assessed at level 9, and
  • (vii) 34 points for being assessed at level 10 or higher; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points for being assessed at less than level 4,
  • (ii) 6 points for being assessed at level 4 or 5,
  • (iii) 8 points for being assessed at level 6,
  • (iv) 16 points for being assessed at level 7,
  • (v) 22 points for being assessed at level 8,
  • (vi) 29 points for being assessed at level 9, and
  • (vii) 32 points for being assessed at level 10 or higher.

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under

• (a) paragraph (1)(a) is 34 points; and
• (b) paragraph (1)(b) is 32 points.

Maximum points for first official language

(3) The maximum number of points that may be assigned for all language skill areas, taken together, in the first official language of the foreign national under

• (a) paragraph (1)(a) is 136 points; and
• (b) paragraph (1)(b) is 128 points.

Proficiency — second official language

14. (1) The points that are to be assigned for proficiency in each of the language skill areas in the second official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points for being assessed at level 4 or less,
  • (ii) 1 point for being assessed at level 5 or 6,
  • (iii) 3 points for being assessed at level 7 or 8, and
  • (iv) 6 points for being assessed at level 9 or higher; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points for being assessed at level 4 or less,
  • (ii) 1 point for being assessed at level 5 or 6,
  • (iii) 3 points for being assessed at level 7 or 8, and
  • (iv) 6 points for being assessed at level 9 or higher.

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under paragraph (1)(a) or (b) is 6 points.

Maximum points for second official language

(3) The maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language of the foreign national under

• (a) paragraph (1)(a) is 24 points; and
• (b) paragraph (1)(b) is 22 points.

Canadian work experience

15. (1) The points that are to be assigned for the Canadian work experience factor referred to in paragraph 9(d) are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, for no Canadian work experience or less than one year of such experience,
  • (ii) 40 points, for one year of Canadian work experience,
  • (iii) 53 points, for two years of Canadian work experience,
  • (iv) 64 points, for three years of Canadian work experience,
  • (v) 72 points, for four years of Canadian work experience, and
  • (vi) 80 points, for five or more years of Canadian work experience; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, for no Canadian work experience or less than one year of such experience,
  • (ii) 35 points, for one year of Canadian work experience,
  • (iii) 46 points, for two years of Canadian work experience,
  • (iv) 56 points for three years of Canadian work experience,
  • (v) 63 points, for four years of Canadian work experience, and
  • (vi) 70 points, for five or more years of Canadian work experience.

Maximum points

(2) The maximum number of points that may be assigned under

• (a) paragraph (1)(a) is 80 points; and
• (b) paragraph (1)(b) is 70 points.

Canadian work experience

(3) For the purposes of this section, Canadian work experience is work experience that

• (a) is acquired by a foreign national in Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers; and
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under subsection (1).

Requirements

(4) In order to be assigned points under subsection (1) for their Canadian work experience, a foreign national

• (a) must specify in their expression of interest the four-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their Canadian work experience; and
• (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

Full-time work

(5) For the purposes of this section, full-time work consists of at least 30 hours of work per week.

Work in excess

(6) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(7) For the purposes of this section,

• (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
• (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
• (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
• (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

Accompanying spouse or common-law partner factors

16. The accompanying spouse or common-law partner factors referred to in paragraph 8(1)(b) are the following:

• (a) level of education;
• (b) official language proficiency; and
• (c) Canadian work experience.

Level of education factor

17. (1) The points that are to be assigned to a foreign national for the level of education factor referred to in paragraph 16(a) are the following:

• (a) 0 points, if their accompanying spouse or common-law partner has less than a secondary school credential;
• (b) 2 points, if their accompanying spouse or common-law partner has a secondary school credential;
• (c) 6 points, if their accompanying spouse or common-law partner has a one-year postsecondary program credential;
• (d) 7 points, if their accompanying spouse or common-law partner has a two-year postsecondary program credential;
• (e) 8 points, if their accompanying spouse or common-law partner has a post-secondary program credential of three years or more;
• (f) 9 points, if their accompanying spouse or common-law partner has two or more postsecondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more;
• (g) 10 points, if their accompanying spouse or common-law partner has 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; and
• (h) 10 points, if their accompanying spouse or common-law partner has a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained by the accompanying spouse or common-law partner.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1) for the educational credentials of their accompanying spouse or common-law partner,

• (a) the educational credentials of that spouse or common-law partner must be Canadian educational credentials; or
• (b) that spouse or common-law partner must have a valid education credential equivalency assessment in respect of their foreign educational credentials issued by an institution designated under subsection 75(4) of the Regulations.

Period of assessment’s validity

(4) The assessment referred to in paragraph (3)(b) is considered to be valid for a period of five years from the day on which it is issued

Maximum points

(5) The maximum number of points that may be assigned under subsection (1) is 10 points.

Official language proficiency factor

18. (1) The points that are assigned to a foreign national for the official language proficiency factor referred to in paragraph 16(b) are to be based on the language proficiency of their accompanying spouse or common-law partner in their first official language.

First official language

(2) In order for points to be assigned to a foreign national for the official language proficiency of their accompanying spouse or common-law partner

• (a) the foreign national must specify which official language is to be considered the first official language of that spouse or common-law partner; and
• (b) that spouse or common-law partner must have their proficiency in that language assessed by an organization or institution designated under subsection 74(3) of the Regulations.

Basis for assigning points

(3) The points assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

Proficiency — first official language

(4) The points that are to be assigned to a foreign national for the proficiency of their accompanying spouse or common-law partner in each of the language skill areas in the first official language of the accompanying spouse or common-law partner, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

• (a) 0 points for being assessed at level 4 or less;
• (b) 1 point for being assessed at level 5 or 6;
• (c) 3 points for being assessed at level 7 or 8; and
• (d) 5 points for being assessed at level 9 or higher.

Maximum points for each language skill area

(5) The maximum number of points that may be assigned under subsection (4) for each of the language skill areas is 5 points.

Maximum points for all language skill areas

(6) The maximum number of points that may be assigned under subsection (4) for all of the language skill areas, taken together, is 20 points.

Canadian work experience factor

19. (1) The points that are to be assigned to a foreign national for the Canadian work experience factor referred to in paragraph 16(c) are the following:

• (a) 0 points, if their accompanying spouse or common-law partner has no Canadian work experience or less than one year of such experience;
• (b) 5 points, if their accompanying spouse or common-law partner has one year of Canadian work experience;
• (c) 7 points, if their accompanying spouse or common-law partner has two years of Canadian work experience;
• (d) 8 points, if their accompanying spouse or common-law partner has three years of Canadian work experience;
• (e) 9 points, if their accompanying spouse or common-law partner has four years of Canadian work experience; and
• (f) 10 points, if their accompanying spouse or common-law partner has five or more years of Canadian work experience.

Maximum points

(2) The maximum number of points that may be assigned under subsection (1) is 10 points.