Canada proposes 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. These are PROPOSED regulations and they are NOT now in effect.

If adopted, the regulations would 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. All applicants must have legal temporary residence in Canada at the time of application. These cases would be processed through the Buffalo consulate in the United States. If approved, applicants could finalize the process at an immigration office in Canada without having to leave Canada and re-enter. The requirements would be as follows:

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