New Ministerial Instructions for Skilled Worker Applications

New Skilled Worker Applications News

Details of the long-awaited “ministerial instructions” were posted on the CIC website on November 27, 2008, and come into effect immediately for Skilled Worker Applications.

The new set of eligibility criteria applys to all new federal skilled worker applications received on or after February 27, 2008. All applications made before February 27, 2008, will be processed according to the rules that were in effect at that time.

Skilled Worker Applications eligibility

According to the instructions, applications are eligible for fast processing if they:

  • include an offer of arranged employment, or
  • are from a foreign national living legally in Canada for one year as a temporary foreign worker or
  • international student; or
  • are from a skilled worker who has at least one year of experience within 10 years proceeding the submission of application under one or more of the 38 specific high-demand occupations.

Under the new rules, applicants should receive a decision within six to 12 months opposed to previous wait times of up to six years.

New applications that do not meet the eligibility criteria will not be processed, and the application fee will be refunded.

This does not mean that it is the end of the immigration applications for those who do not meet the new instructions. There are many ways to immigrate to Canada, and you may qualify under another category, eg. Temporary Foreign Worker Program, PNP Program, CEC, Investors, Live-in-Caregiver, Family Class, Refugee, etc.

The new rules are aimed at responding to Canada’s changing labour market and exonomic needs. As Minister Kenney said “There is no fixed schedule (to update the list), but we will monitor and amend it as necessary”.

If you think you are qualified as a skilled worker but unfortunately not eligibile under the current new criteria, you may want to consult with experienced immigration lawyers or professionals to explore the best ways to immigrate to Canada.

Click here for the list of the 38 qualifying occupations for Skilled Worker Applications.

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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.

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About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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