Canada implements new "Canada Experience Class"

On August 9, 2008 the Canadian government published new proposed regulations describing the new "Canada Experience Class." This is a new immigration category that will make it easier for foreign students studying in Canada and temporary foreign workers with jobs in Canada to immigrate to Canada on a permanent basis. The government is now accepting applications for this class. The class is not available for persons intending to live in the province of Quebec, since Quebec has its own immigration system.

The regulations create two new "streams" of immigrants, a student class and a temporary worker class. In either class, the applicant must have work experience in Canada in a NOC Level 0, A, or B occupation. This would include professional positions as well as skilled workers, but not unskilled workers. The requirements are as follows:

• Student Class: Must have 12 months of legal full-time work experience in Canada within the previous 24 months, a Canadian degree or other credential based on two academic years of full-time study in Canada (based on at least 16 months of actual attendance), and must meet the language benchmark for their occupation.
• Temporary Worker Class: Must have 24 months of legal full-time work experience in Canada within the previous 36 months, and must meet the language benchmark for their occupation.

The language benchmark for Level 0 and A occupations will be moderate proficiency in either French or English. For Level B occupations, it is basic proficiency. The use of approved language tests is strongly preferred for people who are from countries where English or French is not the native language. However, written evidence other than approved tests will be considered according to the regulations.