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Canada Immigration Changes via Bill C-11

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Changes / Updates to Canadian Immigration for Skilled or Independent Category Qualifications 

Following is the general description of changes as described in the the New Immigration Bill C-11 (updated as of June 11, 2002). 

New InformationFollowing information On Pass Mark IS out of date as of new pass-mark is now at 67, as of September 18, 2003. Please click here to read those. 

Skilled Worker Class

Applicants under this class must have at least one year of work experience in the past 10 years in any skilled occupation. The new Updated skilled migration  presently requires a pass mark of 75.

Pass Mark

There will be two different pass marks for the new skilled worker selection criteria.

If you applied before January 1, 2002 and have not received a selection decision by March 31, 2003, your application will be evaluated under the new criteria with a pass mark of 70.

If you applied on or after January 1, 2002 and did not receive a selection decision by June 28, 2002 when the new Immigration and Refugee Protection Act came into effect, your application will be evaluated under the new criteria with a pass mark of 75.

New Information Again the new pass-mark is now 67 points. Those who applied and then withdrew their applications should contact our office immediately to revise the application.

 

Officers' Discretion

Given the high passing mark of 75 in the Skilled Worker Points Grid, some applicants will have to rely upon the positive discretion of the Visa Officer in order to succeed. Positive discretion may be used when the Visa Officer believes that the total points awarded do not properly reflect the applicant's ability to establish in Canada from an economic perspective. In such circumstances, the Visa Officer may approve an application that scores less than 75 points. Conversely, a Visa Officer has the discretion to refuse an applicant with more than 75 points. 

Please note that the old law would only require 70 points out the 100 possible. The new law changes via Bill C-11, which went into effect January 1st, 2002 (vs. June 28, 2002, as had been expected), requires an applicant to get 75 points, which is a Very Very High Mark. An "applicant" would require the following in - order to qualify under the new act (this is an example):

Applicant Points
Masters or Doctorate Degree 25
Language Skill of High Proficiency in English 16
Four or more years of experience 21
Age 21-49 10
Total Points (for Applicant) 72
 ---- Note Applicant Did Not Qualify -- But Under the New Pass Mark the Applicant DOES QUALIFY  
Adaptability Bonus Points: (one example)  
Spouse with Bachelor's Degree or Higher Degree 4
Now the applicant is qualified with 76 points 76
or Adaptability Bonus Points: (2nd example)  
Immediate Relative Bonus Points 5
Now the applicant is qualified with 77 points or 81 if they have bonus 1 and 2

(the applicant qualifies under the old pass mark as well as the new pass mark of 67 :-)

77 / 81

Based on the new point pass mark of 67 a whole lot of applicants can now qualify.  Those who applied and then withdrew their applications should contact our office immediately to revise the application.

Where to Submit Visa Applications

After June 28, 2002, an application for a Permanent Resident Visa or a Temporary Resident Visa must be made at the visa office outside Canada that serve the applicant's place of habitual residence. 

Financial Establishment

Skilled Worker applicants must have sufficient funds to support themselves during their period of initial establishment. The applicant's funds will be assessed against the most current annual "Low Income Cut-Off" published by Statistics Canada, established for the size of the applicant's accompanying family. 

The amount of money that you need to have to support your family is determined by the size of your family.

Number of
Family
Members

Funds Required
(in Canadian dollars)

1

$9,420

2

$11,775

3

$14,645

4

$17,727

5

$19,816

6

$21,905

7 or more

$23,994

You do not have to show that you have these funds if you have arranged employment in Canada.

Residency Requirements

A permanent resident must comply with a residency obligation with respect to every five-year period. The permanent resident complies with the residency obligation provisions if, for at least 730 days (2 years) in that 5 year period the permanent resident is physically present in Canada or is:

bulletOutside Canada accompanying a Canadian citizen who is his or her spouse or common-law partner or a child accompanying a parent
bulletOutside Canada employed on a full-time basis by a Canadian business
bulletIs an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed as a full-time basis by a Canadian business

 

Capabilities

Representation and Knowledge
We can represent individual(s), or Corporation(s), and guide them through the maze of law changes in your visa process. We represent clients all over the world to the Citizenship and Immigration Canada (CIC) Government agency as well as to various Canadian High Commissions (CHC) / Embassies located around the world.
 
Next Step: Fill out the Immigration Assessment Questionnaire  and Please phone our Office to setup an appointment to discuss your specific case.

Primary Address:

Immigration and Visas International

7 Village Road,
Kendall Park, NJ 08824

Alternative

Immigration and Visas International
7 Village Road
Kendall Park, NJ 08824-1541
USA

Telephone: +1-732-821-6077
FAX:           +1-732-821-1615


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