Ministerial Instructions Respecting the Express Entry System

(3) [Repealed, 2015]

Canadian Work Experience

(4) For the purpose of this section, Canadian work experience is work experience that

• (a) is acquired by the accompanying spouse or common-law partner of the 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

(5) In order for the foreign national to be assigned points under subsection (1) for the Canadian work experience of their accompanying spouse or common-law partner,

• (a) the foreign national must specify in their expression of interest the four-digit code in the National Occupational Classification that corresponds to each of the occupations that the accompanying spouse or common-law partner has engaged in while accumulating their Canadian work experience; and
• (b) the spouse or common-law partner 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

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

Work in excess

(7) 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

(8) For the purposes of this section,

• (a) a period of employment during which the accompanying spouse or common-law partner of 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 by the accompanying spouse or common-law partner of the foreign national is not to be included in calculating a period of work experience .
• (c) the accompanying spouse or common-law partner of 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.

Skill transferability factors

20. The skill transferability factors referred to in paragraph 8(1)(c) are the following:

• (a) level of education;
• (b) foreign work experience; and
• (c) certificate of qualification in a trade occupation.

Combination of level of education and official language proficiency

21. (1) The points that are to be assigned for a combination of the level of education of a foreign national and their proficiency in their first official language, 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, if the foreign national has a secondary school credential, regardless of their proficiency in their first official language;
• (b) 13 points, if the foreign national has a post-secondary program credential of one or more years and is assessed overall in their first official language at level 7 on 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 is assessed in their first official language at level 9 or higher on all language skill areas;
• (d) 25 points, if the foreign national has two or more post-secondary program credentials, one of which was issued on completion of a postsecondary program of three years or more, and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9; and
• (e) 50 points, if the foreign national has two or more post-secondary program credentials, one of which was issued on completion of a postsecondary program of three years or more, and is assessed in their first official language at level 9 or higher on all language skill areas.

Highest level of education

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

Clarification — level of education

(3) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Clarification — official language proficiency

(4) Subsections 12(1) to (4) apply in respect of proficiency in a first official language referred to in subsection (1), with any necessary modifications.

Combination of level of education and Canadian work experience

22. (1) The points that are to be assigned for a combination of the level of education of a foreign national and their Canadian work experience are the following:

• (a) 0 points, if the foreign national has a secondary school credential, regardless of their Canadian work experience;
• (b) 13 points, if the foreign national has a post-secondary program credential of one year or more and one year of Canadian work experience;
• (c) 25 points, if the foreign national has a post-secondary program credential of one year or more and two or more years of Canadian work experience;
• (d) 25 points, if the foreign national has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and one year of Canadian work experience; and
• (e) 50 points, if the foreign national has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and two or more years of Canadian work experience.

Highest level of education

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

Points may be combined

(3) The points assigned under subsections 21(1) and 22(1) may be combined for a maximum total of 50 points.

Clarification — Canadian work experience

(4) Subsections 15(3) to (7) apply in respect of Canadian work experience referred to in subsection (1), with any necessary modifications.

Clarification — level of education

(5) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Combination of foreign work experience and official language proficiency

23. The points that are to be assigned for a combination of the level of proficiency of the foreign national in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and their foreign work are the following:

• (a) 0 points, if the foreign national has no foreign work experience , regardless of their proficiency in their first official language;
• (b) 13 points, if the foreign national has one or two years of foreign work experience and is assessed overall in their first official language at level 7 on 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 is assessed in their first official language at level 9 or higher on all language skill areas ;
• (d) 25 points, if the foreign national has three years of foreign work experience and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9; and
• (e) 50 points, if the foreign national has three years of foreign work experience and is assessed in their first official language at level 9 or higher on all language skill areas.

Combination of Canadian work experience and foreign work experience

24. (1) The points that are to be assigned for a combination of the Canadian work experience and foreign work experience of a foreign national are the following:

• (a) 0 points, if the foreign national has no foreign work experience, regardless of their Canadian work experience;
• (b) 13 points, if the foreign national has one or two years of foreign work experience and one year of Canadian work experience;
• (c) 25 points, if the foreign national has one or two years of foreign work experience and two or more years of Canadian work experience;
• (d) 25 points, if the foreign national has three or more years of foreign work experience and one year of Canadian work experience; and
• (e) 50 points, if the foreign national has three or more years of foreign work experience and two or more years of Canadian work experience.

Points may be combined

(2) The points assigned under section 23 and subsection 24(1) may be combined for a maximum total of 50 points.

Elaboration — Canadian work experience

(3) Subsections 15(3) to (7) apply in respect of Canadian work experience that is referred to in subsection (1), with any necessary modifications.

Foreign work experience

25. (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

• (a) is acquired by a foreign national outside 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 section 23 or subsection 24(1).

Requirements

(2) In order to be assigned points under section 23 or 24 for their foreign 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 foreign 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

(3) For the purposes of paragraph (1)(b), full-time work consists of at least 30 hours of work per week.

Work in excess

(4) For the purposes of sections 23 and 24, 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.

Combination of certificate of qualification and official language proficiency

26. (1) The points that are to be assigned for a foreign national who has a certificate of qualification in a trade occupation issued by a province and is proficient in their first official language are the following:

• (a) 25 points, if the foreign national has such a certificate and is assessed overall in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 5 or higher on all language skill areas, with one or more areas assessed under level 7; and
• (b) 50 points, if the foreign national is assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 7 or higher on all language skill areas.

Requirements

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

• (a) must hold a valid certificate of qualification in a trade occupation issued by a province ; and
• (b) must be assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at level 5 or higher in all language skill areas.

Maximum points

(3) In order for a foreign national to be assigned the maximum number of points under subsection (1), they must be assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 7 or higher in all language skill areas.

Maximum points for each factor

27. (1) The maximum number of points that may be assigned under subsections 21(1) and 22(1), section 23 and subsections 24(1) and 26(1) for each of the skill transferability factors is 50 points.

Maximum points for certain combinations

(2) The maximum number of points that may be assigned for the skill transferability factors under

• (a) subsections 21(1) and 22(1) taken together is 50 points; and
• (b) section 23 and subsection 24(1) taken together is 50 points.

Maximum overall points

(3) The maximum number of points that may be assigned for all of the skill transferability factors taken together is 100 points.

Points for provincial nomination

28. (1) Six hundred points may be assigned to a foreign national if they are named in a nomination certificate referred to in subsection 87(2) of the Regulations that is issued by the government of a province referred to in paragraph 2(d) of these Instructions and the nomination has been

• (a) verified by the province; and
• (b) accepted by the foreign national.

Nomination revoked or declined

(2) If the nomination certificate is revoked by the province that issued it, or if the foreign national declines the nomination, they are no longer entitled to the 600 points under subsection (1) in respect of that certificate and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for offer of arranged employment

29. (1) Six hundred points may be assigned to a foreign national if they have a qualifying offer of arranged employment.

Loss of offer of arranged employment

(2) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment, the foreign national is no longer entitled to the 600 points under subsection (1) in respect of that offer and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Maximum points

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

Updating information

31. A foreign national who is included in the express entry pool of candidates may at any time up until they are issued an invitation update their information in the Express Entry System and, when such updates are made,

• (a) the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated; and
• (b) the eligibility of the foreign national to be issued an invitation under subsection 5(1) is to be redetermined .

60-day validity period

32. (1) An invitation is valid for 60 days after the day on which it is issued by the Minister.

Remaining period continues to apply

(2) If a foreign national declines the invitation within the 60-day period, the remaining portion of the original one-year period of their inclusion in the express entry pool of candidates continues to apply.

Remaining period no longer applies

(3) If the foreign national does not decline the invitation within the 60-day period and does not make an application for permanent residence in response to the invitation within that period, the expression of interest ceases to be valid regardless of the portion of the one-year period that remains.

Notification by electronic means

33. (1) A foreign national who has been included in the express entry pool of candidates is to be notified electronically by means of the Express Entry System of all matters relating to their expression of interest, including

• (a) whether they meet the requirements of subsection 5(1);
• (b) their rank under the Comprehensive Ranking System relative to other eligible foreign nationals included in the express entry pool of candidates; and
• (c) whether they are to be issued an invitation.

Day and time of receipt

(2) A notification sent in accordance with subsection (1) is considered to be received on the day and at the time recorded in the Express Entry System.

Mandatory submission of language proficiency results

34. (1) A foreign national who, in order to meet the requirements of paragraph 5(1)(a), is required to provide the results of an assessment of their proficiency in English or French that has been completed by an organization or institution designated under subsection 74(3) of the Regulations, must provide those results at the time that they submit an expression of interest.

Two-year validity period

(2) For the purposes of subsection (1), the assessment referred to in that subsection is considered to be valid for a period two years from the day on which it is issued.

Mandatory submission of educational credential assessment

(3) A foreign national who, in order to meet the requirements of paragraph 5(1)(a), is required to provide the results of an assessment of the equivalency of their educational credentials to Canadian educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations, must provide those results at the time that they submit an expression of interest .

Five-year validity period

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

Coming into force

35. These Instructions come into force on January 1, 2015.