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Minister announces strict new limits on skilled worker class

On November 28, 2008, new Canadian immigration minister Jason Kenney announced the long-awaited "instructions" on which types of workers could apply for immigration to Canada in the skilled worker class. These "instructions" were authorized by Bill C-50, which was enacted by the Parliament of Canada on June 18, 2008. The instructions apply to all cases filed on or after February 27, 2008. Cases filed before that date are processed according to the previous criteria.

According to the instructions, cases filed on or after February 27, 2008 will be processed only if they meet one of the following criteria:

  • The applicant has at least one year of experience in one of 38 occupations identified in the instructions. Click here for the list.
  • The applicant has an offer of arranged employment in Canada as defined in the regulations.
  • The applicant has lived in Canada with a valid work permit or study permit for one year.

Applications filed under these new instructions will be processed in an expedited manner and will supposedly be concluded within 6 to 12 months. The government will NOT go through the backlogged applications to determine which would meet the new criteria. Applicants who believe they meet the new criteria may wish to refile their applications under the new instructions. Applications. Applications filed after February 27, 2008 will be returned and the fees refunded.

The new instructions do NOT apply to the provincial nominee programs, do NOT apply to the new Canadian experience class, and do NOT apply to family class applications. They apply ONLY to the existing federal skilled worker class.

Also, successful applicants must still score 67 points in the assessment system, based on language ability, education, work experience and other factors. It is not enough to  meet the requirements to have the application processed in the first place as set forth in the instructions.

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