Immigration and Refugee Protection Regulations (SOR/2002-227)

Requirements

84 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

85 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the foreign national is not inadmissible.

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

85.1 [Repealed, SOR/2019-174, s. 8]

85.2 [Repealed, SOR/2019-174, s. 8]

85.3 [Repealed, SOR/2019-174, s. 8]

85.4 [Repealed, SOR/2008-253, s. 8]

85.5 [Repealed, SOR/2008-202, s. 2]

85.6 [Repealed, SOR/2019-174, s. 8]

Quebec Skilled Worker Class

Marginal note:Class

• 86 (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Quebec skilled worker class if they

  • (a) intend to reside in the Province of Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

• (3) and (4) [Repealed, SOR/2008-253, s. 9]

• Marginal note:Requirements for accompanying family members

  (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

Provincial Nominee Class

Marginal note:Class

• 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the provincial nominee class if

  • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

  • (b) they intend to reside in the province that has nominated them.

• Marginal note:Substitution of evaluation

  (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

• Marginal note:Concurrence

  (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

• Marginal note:Exclusion

  (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

  • (a) the nomination was based on the provision of capital by the foreign national; or

  • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

• Marginal note:Exception

  (6) Subsection (5) does not apply if

  • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

  • (b) the foreign national controls or will control

    • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

    • (ii) an equity investment in the business of at least $1,000,000;

  • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

  • (d) the terms of the investment in the business do not include a redemption option.

• (7) and (8) [Repealed, SOR/2008-253, s. 10]

• Marginal note:Definitions

  (9) The following definitions apply in this section.

  immigration-linked investment scheme

  immigration-linked investment scheme means a strategy or plan

  • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

  • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

  percentage of equity

  percentage of equity means

  • (a) in respect of a sole proprietorship, 100% of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

  • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

  • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

• Marginal note:Non-application

  (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

• Marginal note:Transitional

  (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

• Marginal note:Requirements for accompanying family members

  (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

  • a) the person who made the application has become a permanent resident; and

  • b) the foreign national is not inadmissible.

Canadian Experience Class

Marginal note:Class

• 87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Canadian experience class if

  • (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

  • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

  • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

  • (d) they have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

  • (e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).

• Marginal note:Application

  (3) For the purposes of subsection (2),

  • (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

  • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and

  • (c) the foreign national must have had temporary resident status during their period of work experience.

  • (d) to (g) [Repealed, SOR/2012-274, s. 13]

• (4) and (5) [Repealed, SOR/2012-274, s. 13]

Federal Skilled Trades Class

Marginal note:Definition of skilled trade occupation

• 87.2 (1) In this section, skilled trade occupation means an occupation, other than a restricted occupation, in any of the following groups listed in the National Occupational Classification:

  • (a) Major Group 72, technical trades and transportation officers and controllers, excluding Sub-major Group 726, transportation officers and controllers;

  • (b) Major Group 73, general trades;

  • (c) Major Group 82, supervisors in natural resources, agriculture and related production;

  • (d) Major Group 83, occupations in natural resources and related production;

  • (e) Major Group 92, processing, manufacturing and utilities supervisors and utilities operators and controllers;

  • (f) Major Group 93, central control and process operators and aircraft assembly assemblers and inspectors, excluding Sub-major Group 932, aircraft assemblers and aircraft assembly inspectors;

  • (g) Minor Group 6320, cooks, butchers and bakers; and

  • (h) Unit Group 62200, chefs.

• Marginal note:Class

  (2) For the purposes of subsection 12(2) of the Act, the federal skilled trades class is prescribed as a class of persons who are skilled trades workers and who may become permanent residents on the basis of their ability to become economically established in Canada in a skilled trade occupation and their intention to reside in a province other than the Province of Quebec.

• Marginal note:Member of class

  (3) A foreign national is a member of the federal skilled trades class if

  • (a) they have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas;

  • (b) they have, during the five years before the date on which their permanent resident visa application is made, acquired at least two years of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in the application after becoming qualified to independently practice the occupation, and during that period of employment has performed

    • (i) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, and

    • (ii) a substantial number of the main duties listed in the description of the occupation set out in the National Occupational Classification, including all of the essential duties;

  • (c) they have met the relevant employment requirements of the skilled trade occupation specified in the application as set out in the National Occupational Classification, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority; and

  • (d) they meet at least one of the following requirements:

    • (i) they hold a certificate of qualification issued by a competent provincial or federal authority in the skilled trade occupation specified in the application for a permanent resident visa,

    • (ii) they are in Canada and hold a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186 and

      • (A) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to their employment with their current employer in a skilled trade occupation and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

      • (B) they are working for an employer specified on the work permit,

      • (C) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit, and

      • (D) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii),

    • (iii) they are in Canada and hold a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186 and

      • (A) they are working for an employer specified on the work permit,

      • (B) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit,

      • (C) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

      • (D) they have accumulated 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,

    • (iv) they do not hold a valid work permit, are not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

      • (A) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation specified in the application,

      • (B) the offer is made by up to two employers, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

      • (C) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and

    • (v) on the date on which their application for a permanent resident visa is made and on the date on which it is issued, they either hold a valid work permit or are authorized to work in Canada under section 186 and

      • (A) the circumstances referred to in clause (ii)(B) or (C) do not apply,

      • (B) the circumstances referred to in subparagraph (iii) do not apply, and

      • (C) the circumstances referred to in clauses (iv)(A), (B) and (C) apply.

• Marginal note:Substitution of officer’s evaluation

  (4) If the requirements referred to in subsection (3), whether or not they are met, are not sufficient indicators of whether the foreign national will become economically established in Canada, an officer may substitute their evaluation for the requirements. This decision requires the concurrence of another officer.

• Marginal note:Requirement for funds

  (5) With the exception of the foreign nationals referred to in subparagraphs (3)(d)(ii), (iii) and (v), the foreign national must have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled trades worker and their family members.