Can I qualify under the Skilled Worker Category even if I don’t have 67 points?

Q. I did an assessment of my points under the Skilled Worker Category and I do not think I score the required 67 Points? Can I still qualify?

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A.

Yes in certain cases you can.  Canada accepts Skilled Workers based upon their ability to become economically established in Canada. If the Canadian Immigration Visa Officer believes that your point total, even if low,  does not accurately reflect your ability to become economically established in Canada, the Canadian Immigration Visa Officer may use his or her positive discretion (referred to as substitute evaluation) and approve your application even though you score less than 67 points. There are certain restrictions however in terms of how such discretion can be used.

However, at a minimum, you must have worked continuously for a period of at least one year, within the last ten years, in a full-time (or part-time equivalent) paid position at a skill level recognized by Citizenship and Immigration Canada.

Additionally, you must meet CIC requirements to have either one continuous paid full-time year of work experience in the 29 qualified occupations in the past 10 years; OR Arranged Employment.

If you feel that your point score is low, there may nevertheless be an opportunity to become approved as a landed immigrant to Canada.

 

 

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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