Addit itional 2018 CPDS Your CPD In Instructor Andrew Carvajal, - - PowerPoint PPT Presentation

Addit itional 2018 CPDS

Andrew Carvajal, LL.B / B.C.L., M.A., B.A. Immigration Lawyer and Instructor RCICCPD.ca by Full Skills Exam Prep

Your CPD In Instructor

A Lit ittle About Me

• Toronto immigration and tribunal lawyer
• Partner, Desloges Law Group
• acarvajal@desloges.ca
• Twitter: @CarvajalLaw
• LinkedIn: ca.linkedin.com/in/carvajalandrew
• Personal site: www.carvajal.ca

Lesson Goals

• Initial client assessment
• Eligibility for the Federal economic programs for skilled labourers
• Express Entry
• The basics
• Interpreting/declaring language tests and ECA reports
• The Comprehensive Ranking System
• Maximizing a client’s score
• ITA trends
• Amendments to the Ministerial Instructions: November 2016 and

June 2017

• Tricks for the advanced practitioner
• Examples of provincial EE streams
• Ethical considerations

Economic Cla lasses in in the Legislation and Manuals ls

• Part 6 of the IRPR
• RR 72.8 – 115
• IRPA ss. 12(2), 87.4 and 87.5
• IRCC PDIs and OBs
• https://www.canada.ca/en/immigration-

refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes.html

The In Init itial Clie lient Assessment

• The good candidate for a Federal/Provincial

skilled labour programs

• IRPA s. 12(2): a FN will be selected as a member
• f the economic class on the basis of their ability

to become economically established in Canada

• Appealing Attributes
• Young (under 37)
• Well educated
• High English/French skills
• Relevant skilled work experience
• Ties to Canada/Province/Territory (some

cases)

• Screen for criminal/medical inadmissibilities

When to Consider PNP Options

• Intention to reside in Quebec → must use Quebec

programs

• Often used as alternative
• Not competitive under federal programs
• Job offer in the province
• Work experience in the province
• Studies in the province
• Particularly Master’s and PhD
• Limited strategic recruitment streams for certain
• ccupations

Federal Skill lled Labour Programs

Federal Skilled Worker (FSW)

• 1 year professional

work experience in last 10 years

• Intermediate-high

English or French

• 67 point threshold

based on age, education, work experience, language skills, family in Canada, amongst others Federal Skilled Trades (FST)

• Job offer backed by

LMIA

• or certificate of

qualification

• 2 years experience

in skilled trade in last 5 years

• Basic-intermediate

English or French Canadian Experience Class (CEC)

• 1 year Canadian

professional work experience in last 3 years

• Intermediate-high
• r intermediate

English/ French depending on the

• ccupation

FSW in in the Regulations

• Definition & Minimum Requirements
• R 75 (1), (2) and (3)
• Selection criteria
• R 76(1)
• Minimum number of points
• R 76 (2)
• PDIs: https://www.canada.ca/en/immigration-

refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes/federal-skilled-workers.html

FSW Poin ints System – Six ix Sele lection Factors

• Not to be confused with EE’s CRS

FSW Advanced Is Issues

• Minimum 1 year paid full-time experience (or equivalent part-time) must

be continuous

• 1 year full-time means 1,560 hours (30 h/w)
• Can be accumulated with part-time work but cannot be accumulated

in less than 52 weeks by working longer weeks

• No requirement that experience be obtained under valid status
• Canadian WE counts towards FSW
• Experience in a skilled trade counts as skilled work
• Self-employment counts but often challenging to prove
• No list of occupations as of January 1, 2015
• Must prove settlement funds unless arranged employment

Proving Self lf Employment Work Exp xperie ience

• Corporation/partnership registration documents
• Tax documents
• Time sheets
• Invoices
• Contracts – e.g. service contracts
• Proof of payment
• Letters
• Partners, suppliers, vendors, clients,

employees, accountants

• Sworn affidavit from client

Comments on Proof of Settlement Funds

• Must prove 6 months when submitting eAPR
• Either letter of assets and liabilities with 6

month balance (most bank don’t issue this) OR

• Current letter of assets and liabilities AND 6

months of statements

• Funds must be available and transferable
• Unencumbered by debts or other obligations
• If tied in pension or investment funds have bank

confirm that they are immediately transferable

• If client is expecting a child, account for this when

calculating settlement funds

FST in in the regula lations

• Definition
• R 87.2(1)
• Class and membership
• R 87.2(2)-(3)
• Substituted evaluation
• R 87.2(4)
• Proof of funds
• 87.2(5)
• PDIs https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/publications-manuals/operational- bulletins-manuals/permanent-residence/economic- classes/federal-skilled-trades.html

FST Advanced Is Issues

• No min points needed to qualify
• Closed list of eligible trades
• WE need not be continuous
• No requirement that experience be obtained under valid

status

• Canadian WE counts towards FST
• Self-employment counts but often challenging to prove
• Provincial certificate of qualification replaces need of LMIA

job offer

• Must prove settlement funds unless arranged employment
• Candidates who qualify exclusively for FST are very

uncompetitive under general EE draws

CEC in in the Regulations

• Definition
• R 87.1(1)
• Requirements
• R 87.1(2)
• Excluded work experience
• R 87.1(3)
• PDIs https://www.canada.ca/en/immigration-

refugees-citizenship/corporate/publications- manuals/operational-bulletins- manuals/permanent-residence/economic- classes/experience.html

CEC Advanced Is Issues

• No min points needed to qualify
• No list of ineligible occupations as of January 1, 2015
• WE need not be continuous
• Experience in a skilled trade counts as skilled work
• Minimum language requirements will vary depending
• n occupation
• Requirement that experience BE obtained under valid

work permit or authorization to work

• E.g. work without a work permit such as religious

worker counts if all other requirements are met

• Work under implied status counts

CEC Advanced Is Issues

• WE as a full-time student is not eligible
• Self-employment does NOT count
• Watch our for T4A vs. T4 – e.g. independent

contractors

• Ownership of 50% +1 of employer counts as

self-employment

• No need to prove settlement funds
• Same rules that apply to CEC WE apply to points

for Canadian WE under EE

• Self-employment, full-time study, valid status to

work

ENTRY

EE in in the Legislation

• Little about EE is found in the legislation → flexible and easier to modify

by Minister

• Foundational legislation to create EE was introduced in Bill C-4

(Economic Action Plan 2013 Act, No. 2), which received Royal Assent in December 2013

• New division to the IRPA: Part 1 – Division 0.1 “Invitation to Make

an Application”

• A 10.1 – 10.4
• Pre-application stage as the first step in immigrating to Canada

under certain economic programs

• Candidates will demonstrate “expression of interest”
• Measures enabling a role for third parties (provinces, territories

and employers)

• Minister will give instructions regarding selection of applicants

and invitations to apply

• A 11.2
• Issuance of PR to individuals meeting minimum criteria

Min inis isteria ial In Instructions (MIs Is)

• Ministerial Instructions for the Express Entry Application

Management System

• https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/mandate/policies-operational- instructions-agreements/ministerial- instructions/express-entry-application-management- system.html

• Ministerial Instructions respecting invitations to apply for

permanent residence under the Express Entry system

• https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/mandate/policies-operational- instructions-agreements/ministerial- instructions/previous-express-entry-ministerial- instructions.html

Program Deliv livery In Instructions (PDIs)

• General
• Express Entry overview
• Creating an Express Entry profile and requirements for

entering the pool

• Comprehensive Ranking System
• Invitation to Apply
• Intake
• Electronic application for permanent residence
• Completeness Check

Program Deliv livery In Instructions (PDIs)

• Processing
• Assessing an e-application on A11.2
• Assessing against minimum requirements
• Assessing against the selection criteria
• Making the selection decision
• Admissibility and making a final decision

Exp xpress Entry try Basic ics

• Online Electronic Management System and

exclusive entry point to start an application under FSW, FST and CEC

• NOT an immigration program
• No cost to upload profile
• No occupation list but experience must be in

NOC skill type/level 0, A or B

• Fast processing time of 6 months or less
• Requires upfront language test results and

ECA reports for those with foreign education

Who Can Enter EE?

• Applicants in the following three main

immigration programs can use EE

• Federal Skilled Workers (FSW) Program
• Federal Skilled Trades (FST) Program
• Canadian Experience Class (CEC)
• And a portion of the Provincial Nominee

Program

• These applicants still have to meet the

criteria under one of the Federal programs

Appli lication Process

• Candidates create an on-line profile which shows an “Expression
• f Interest” in coming to Canada
• Profile should include:
• Basic personal information – family composition
• Language assessment
• Details of education
• Educational Credential Assessment (if foreign degrees)
• Details of work experience
• Spouse’s language skills, education and work experience
• If the candidate does not have arranged employment or

provincial nomination, she/he may register with Job Match

• Online portal designed to match potential candidates with

future employers)

• No longer mandatory as of June 2017

Appli lication Process

• Candidates are placed in a pool where they are

ranked against each other

• Score available as soon as application is submitted
• Updates can take up to 24 hours to be reflected in

score

• IRCC draws top candidates on a periodic basis and

issues an “Invitation to Apply” (ITA) to those selected

• Normally every other Wednesday, though it varies
• If a candidate receives an ITA, she/he will need to

submit the complete electronic Application for Permanent Residence (eAPR) within 60 days

Language Tests

• Valid for 2 years
• Approved English Tests
• IELTS: International English Language Testing System
• “General Training Test” NOT “Academic”
• CELPIP: Canadian English Language Proficiency Index

Program

• Approved French Test
• TEF: Test d’évaluation de français – specifically TEF

Canada http://www.francais.cci-paris-idf.fr/tef-canada/

• CLB to Language Test Conversion Chart
• https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/publications-manuals/operational- bulletins-manuals/standard-requirements/language- requirements/test-equivalency-charts.html

Language Tests

• IELTS/CLB Calculator:

http://ieltscanadatest.com/test-results/ielts-and-clb

ECA Reports and Accredited In Instit itutions

• Valid for 5 years IF issued on or after April 17, 2013
• General institutions
• World Education Services
• Comparative Education Service – University of Toronto

School of Continuing Studies

• International Credential Assessment Service of Canada
• International Qualifications Assessment Service
• International Credential Evaluation Service
• Specialized institutions
• Medical Council of Canada (Doctors)
• Pharmacy Examining Board of Canada (Pharmacists)

Tip ips when Readings ECA Reports

• Review initial summary of the client's highest level of

education

• Make sure that the educational institution was

"recognized“

• Do not misread "graduate studies" as a "graduate

diploma“

• Sometimes two degrees may be assessed as being

equivalent to just parts of one same degree in Canada

• Declare education in EE as it appears in the report
• System will now calculate two or more degrees

automatically

Comprehensive Rankin ing System (CRS)

• All EE candidates will be given a score out of 1200 based
• n a Comprehensive Ranking System (CRS) formula
• Max of 600 based on
• Skills and experience
• Spouse or common-law partner factors
• Skills transferability
• Additional points
• 600 for provincial nomination
• 50-200 for arranged employment
• 15-30 for Canadian education
• 15-30 for strong French language skills
• 15 for siblings in Canada who are PR/Canadian

citizens

Up to a max

• f 600

November and Ju June Changes to EE CRS

November 19, 2016 Changes

• Definition of Arranged Employment
• Job offer supported by new LMIA
• Job offer where WP supported by LMIA
• New – job offer from employer named in employer-

specific WP for whom the candidate is currently working and has been working for at least 12 months

• WPs issued under R204(a), (c) or R205
• NOT OWPs or R186 work
• No need for indeterminate job offer → at least 1 year after

PR

• Reduction in AE points from 600 to
• 200 – NOC 00 position
• 50 – NOC, 0, A or B positions

November 19, 2016 Changes

• Points for Canadian education
• 15 points for Canadian post-secondary degree
• f 1 or 2 years
• 30 points for Canadian post-secondary degree
• 3 years or longer
• Master’s degree
• PhD degree OR
• Entry-to-practice professional degree for a

NOC level A occupation

• 90 days to submit eAPR
• But recently changed back to 60!

Ju June 6, , 2017 Changes

• French language skills
• 30 additional points if TEF is at CLB 7+ in all four

language skills and English test is CLB 5+ in all language skills

• 15 additional points if TEF is at CLB 7+ in all four

language skills and English test is CLB 4 or lower

• Siblings in Canada
• 15 additional points to candidates with siblings in

Canada

• Sibling must be Canadian citizen or PR who is living in

Canada and is 18+ years

• Sibling must share a mother or father with the PA or

spouse

• Job Match registration will be voluntary

IT ITA Trends Pre-November 2016

• Lowest CRS score to that date: 450 on Sept 18 and Oct 2, 2015
• Only program-specific draws
• February 20, 2015 (CEC)
• November 30, 2016 (PNP)

Key Trends on Oct 3, , 2016 – Prio ior to the Changes

• 60,689 FNs active in the pool
• Vast majority between 300 and 450 points
• 20,588 ITAs – Jan to Oct 2016
• Canadian Experience Class (44%)
• Federal Skilled Workers (27%)
• Provincial Nominees (23%)
• Federal Skilled Trades (6%)
• 65% of invitees claimed AE or nomination
• 66% of candidates with AE claimed scores of 300 or

less

• Majority of AE candidates had core human capital

scores in the bottom 7% of the distribution

Key Trends on Oct 3, , 2016 – Prio ior to the Changes

Key Trends: Ja Jan 2015 – Dec 2015

• EE profiles submitted 191,279
• Not eligible 88,048 (46 %)
• eAPRs submitted 21,651
• Active candidates 60,042
• 31% between 300-349
• 36% between 350-399
• 23% between 400-449
• 4% above 450
• 78% of invitees already residing in Canada
• While India, Philippines and China continue to be top 3 countries of nationality, U.K.,

Ireland, U.S. and France climbing up list of top 10 countries

• 22% of invitees possessed a SP at some point
• Small provinces attracting candidates through PNP
• 91% of the invitees destined to P.E.I. were provincial nominees
• 76% in Nova Scotia and 53% in Saskatchewan
• In contrast, only 28% of those destined to B.C. were PNPs and 9% in Ontario
• 80% of applications finalized in 4.4 months
• 2% of invited candidates were French-speaking

Top 10 in invit ited occupations

Occupation Number# % NOC 6311 - Food service supervisors 2,356 8% NOC 6322 - Cooks 2,295 8% NOC 2171 - Information Systems Analysts and Consultants 1,255 4% NOC 2173 - Software Engineers 940 3% NOC 2174 - Computer Programmers and Interactive Media Developers 935 3% NOC 4011 - University professors and lecturers 745 3% NOC 6211 - Retail sales supervisors 669 2% NOC 5241 - Graphic Designers and Illustrators 550 2% NOC 1111 - Financial Auditors and Accountants 494 2% NOC 1112 - Financial and Investment Analysts 446 2%

Most Recent Draws

Date Minimum Score Invitations Remarks May 9, 2018 441 3,500 May 23, 2018 440 3,500 May 30, 2018 288 500 FST specific draw May 30, 2018 902 200 PNP specific draw June 13, 2018 451 3,750 June 25, 2018 442 3,750 July 11, 2018 442 3,750 July 25, 2018 441 3,750 August 8, 2018 440 3,750 August 22, 2018 440 3,750 September 5, 2018 440 3,900 September 19, 2018 441 3,500 September 24, 2018 284 400 FST specific draw October 3, 2018 445 3,900

Sin ingle le Student Score

Factor Pre November 2016 Post November/June Changes Age (25) 110 110 Education (Canadian Bachelor’s degree) 120 150 Language Scores (CLB 9) 124 124 Canadian Work Experience (1 year) 40 40 Skills Transferability (Bachelor’s + Language + 1y CWE + 0 FWE) 38 38 Sibling in Canada 15 Total Points 432 477

Sin ingle le NAFTA Economist (Non Executive)

Factor Pre November 2016 Post November/June Changes Age (35) 77 77 Education (Foreign Bachelor’s degree) 120 120 Language Scores (CLB 9) 124 124 Canadian Work Experience (1 year) 40 40 Skills Transferability (Bachelor’s + Language + 1y CWE + 3y FWE) 88 88 Offer of Arranged Employment (NAFTA WP) 50 Total Points 449 499

Married Executiv ive IC ICT

Factor Pre November 2016 Post November 2016 Age (50) Education (Foreign Master’s) 126 126 Language Scores (CLB 10) 128 128 Canadian Work Experience (1 year) 35 35 Spouse’s Education (Bachelor's Degree) 8 8 Spouse’s Language Scores (CLB 10) 20 20 Spouse’s Canadian Work Experience (1 year) 5 5 Skills Transferability (Education + Language + 1y CWE + 10y FWE) 100 100 Offer of Arranged Employment (ICT WP) 200 Total Points 422 622

Sin ingle le Ele lectricia ian (FST)

Factor Pre November 2016 Post November/June Changes Age (28) 110 110 Education (1 year College) 90 90 Language Scores (CLB 5) 24 24 Canadian Work Experience (1 year) 40 40 Skills Transferability (College + Language + 1y CWE + 3y FEW + Provincial Certificate) 63 63 Offer of Arranged Employment (LMIA) 600 50 Total Points 927 377

Married Cle lergy Vis isa

Factor Pre November 2016 Post November/June Changes Age (55) Education (Foreign Master’s) 126 126 Language Scores (CLB 9) 116 116 Canadian Work Experience (5 years) 70 70 Spouse’s Education (Bachelor's Degree) 8 8 Spouse’s Language Scores (CLB 10) 20 20 Spouse’s Canadian Work Experience (3 years) 8 8 Skills Transferability (Education + Language + 5y CWE + 5y FWE) 100 100 Offer of Arranged Employment (R186(l)) Total Points 448 448

EE le lessons and Tip ips

Source: VMwareInsight.com

Lessons from EE – The Good

• Most individuals with foreign professional

experience can be eligible

• No longer limited by former occupation lists
• No restrictions or sub-caps for certain
• ccupations
• Faster processing times
• Average processing times between 3-5 months
• Intake is managed effectively so no concern that

application will be returned due to cap being met

Lessons from EE – The BAD

• Meeting program requirements is no longer a

guarantee of being eligible to apply

• Clients particularly affected
• Older clients
• Less than bachelor’s education
• Intermediate or lower language skills
• FST deemed obsolete?
• Qualifying WE in Canada no longer PR guarantee
• Due to faster processing times, officers more

likely to refuse due to trivial errors or missing documentation

CRS – What Reall lly Matters

• Age
• Up to 110 (single) or 95 (w spouse)
• 20-29 prime age
• First language skills
• Up to 136 (single) or 128 (w spouse)
• Skill transferability points (CLB 9+ in all categories is

great advantage)

• Second language only significant if high proficiency (max

24 or 22 points)

• Extra points for strong French language skills (CLB 7+)

CRS – What Reall lly Matters

• Education
• Up to 150 (single) or 140 (w spouse)
• Skill transferability points
• Extra points for Canadian postsecondary degrees
• Professional certification for trade occupations can

help skill transferability points

• Canadian work experience
• Up to 80 (single) or 70 (w spouse)
• Skill transferability points
• Job offer under LMIA or employer-specific work permit
• Extra points for siblings in Canada
• Provincial Nomination (guaranteed invitation)

Tip ips to Successful EE Uplo load

• Education
• If foreign education, worth obtaining ECA in most

cases

• Follow ECA carefully
• When declaring Canadian education do not

confuse a program taught in English/French as ESL/FSL program

• Language
• Getting to CLB 9 for PA is a game changer in most

cases

• Make sure you declare client’s strongest language

(English or French) as first official language

Tip ips to Successful EE Uplo load

• Work experience
• Choose the right NOC
• Chose the right “Primary NOC code”
• Confirm the right period of work and if there was self-

employment

• Risk of over-declaring and receiving invitation that will

need to be declined

• Extra
• Mark “no” to job offer unless it qualifies for additional points of

AE

• If spouse, consider ECA and language test results
• Not a bad idea to have the client complete a paper

questionnaire to avoid future “misunderstandings”

• Be patient with the online portal – don’t submit at the last

minute

Im Important Thin ings to Remember

• When creating, uploading and updating an EE profile

remember to

• Keep all information true and accurate
• If situation changes (for example, client starts a new

career, has a new language test, gets married, or has a baby), you must update the profile

• Applicants/representatives are responsible for any and

all information provided to IRCC

• If client misrepresented (provided false or misleading

information or left out important details) the application could be refused OR

• Client could be found inadmissible and could be barred

for five years from applying to Canada

Tip ips to Successful eAPR Submission

• Some modifications are allowed as long as candidate still

eligible and has enough points to have received ITA

• Declaring work experience in full under Work History

section vs. Personal History

• Review Work History section against employment

confirmation letters and supporting documentation

• Cross reference with contracts/offers, tax documents

and paystubs

• Make sure employment letters are fully compliant and

consistent with declared NOC

• Use sworn affidavits if unavailable employment

documentation

• “Letter of Employment” box in eAPR

Tip ips to Successful eAPR Submission

• If multiple names found in documentation, declare

them and upload explanation under “Legal Name Change”

• Include language tests with letter of explanation
• Include PNP certificate with letter of explanation

(where applicable)

• Include ECAs with education documentation
• Be careful with answers to statutory questions and

confirm client’s understanding

• Instruct client to obtain upfront medical exam for

“permanent residence” application

• Exam of pregnant client or spouse will be

incomplete

Tip ips to Successful eAPR Submission

• Make sure you have right police clearance (with

no adverse information) and that the title is translated correctly

• If clearances are not available at the time of

submission, explain and show efforts to obtain them

• Cover sheets for certain uploaded files can be

helpful

• Proof of funds when not necessary
• Police certificates
• Spouse’s foreign WE
• Non professional WE

Tip ips to Successful eAPR Submission

• Travel history need NOT include travel to home country or

country of current residence

• For frequent travellers, may need to include additional

sheet

• Check passports for unaccounted trips
• Include all stamped/marked pages of passport to document

travel history

• Include prior passports when passport was recently

renewed

• Pay RPRF upfront to avoid delays
• Review full application with client in person or via shared

screen/prerecorded video

• Be patient with the online portal – don’t submit at the last

minute

In Inclu lude a Detail iled Letter of Exp xplanation wit ith eAPR

• Identify client and family members
• Summarize
• Relevant WE
• Education
• Language scores
• Summarize points in FSW applications
• Advise of WE that is irrelevant to program requirements or EE

points

• Highlight when proof of funds is unnecessary
• Summarize holdings in different banks/investments when

funds are necessary

• Address positive answers to statutory questions
• Discuss client’s ties to province if provincial nominee
• Anticipate and address anything that may require an explanation

Provincial l Nominee Programs and EE

Provinces wit ith EE streams

• Ontario
• Automatic selection from EE pool for potential invitation
• No job offer required
• But some 2018 HCPS draws specific to those with job offer in

Ontario

• PEI
• No automatic selection from EE pool
• Invitation to apply for PNP subject to selection through EOI point system
• No job offer required
• But it awards additional points
• Separate pathway for candidates with job offer
• British Columbia
• No automatic selection from EE pool
• Invitation to apply for PNP subject to selection through EOI point system

(for 2 out of 4 EE streams)

• Job offer required except for International Post-Graduate stream (certain

Master’s and PhD degrees in BC)

Provinces wit ith EE streams

• Alberta
• Automatic selection from EE pool for potential invitation
• Candidates with “strong ties to Alberta and who can help support

the government’s economic development and diversification priorities”

• Submit NOI letter to AINP within 2 weeks of NOI for further instructions
• No job offer required
• Saskatchewan
• No automatic selection from EE pool
• Invitation to apply for PNP subject to selection through EOI point system
• No job offer required but it awards additional points
• Nova Scotia
• No automatic selection from EE pool
• Job offer required except for those with work experience in target
• ccupations (limited spots)
• New Brunswick
• No automatic selection from EE pool
• Invitation to apply for PNP subject to selection through EOI point system

(currently suspended)

• No job offer required but it awards additional points

Provinces wit ith EE streams

• Newfoundland and Labrador
• No automatic selection from EE pool
• Job offer required
• Manitoba
• No automatic selection from EE pool
• Invitation to apply for PNP subject to selection through EOI point system
• No job offer required
• Must possess 6 months work experience in occupation from In-Demand

Occupation list AND have some ties to the province

• Yukon
• No automatic selection from EE pool
• Job offer required
• Northwest Territories
• No automatic selection from EE pool
• Job offer required
• NOT Quebec → not eligible under EE programs if intention to reside in

Quebec

OIN INP EE Human Capit ital l Prio ioritie ies - Requir irements

• Express Entry Ranking
• Normally, minimum of 400 CRS
• Draws in 2018 under 400
• Education
• Bachelor’s or above
• Canadian or properly assessed by ECA
• Language Requirements
• CLB 7+ in all criteria in either English or French
• Meet minimum settlement funds
• Legal status in Canada (if applicable)
• Demonstrate intention to reside in Ontario

Human Capit ital Prio iorit ities - Requirements

• Work Experience
• Applicants must choose to be assessed against FSW or CEC
• FSW: minimum 1 year of continuous and full-time (1,560

hours or more) paid work experience in NOC 0, A, or B in the past 5 years from the date of the PT Notification

• Or equivalent in continuous part-time work
• 1 year minimum must have been completed in one

specific NOC occupation

• CEC: minimum 1 year of cumulative and full-time

employment (1,560 hours or more) in NOC 0, A, or B in Canada in the past 3 years from the date of the PT notification

• Or equivalent in part-time work

Human Capit ital Prio iorit ities – 2018 Draws

• January 19, 2018: 340 invites | CRS 440 to 446
• January 25, 2018: 89 invites | CRS 433 to 444
• January 26, 2018: 380 invites | CRS 433 to 444
• February 12, 2018: 488 invites | CRS 435 to 441
• February 26, 2018: 511 invites | CRS 433 to 441
• March 26, 2018: 480 invites | CRS 351 to 446 with job
• ffer in Ontario
• March 26, 2018: 299 invites | CRS 351 to 446 with

CLB 7 in French

• August 9, 2018: 947 invites | CRS 350 to 439 with job
• ffer in Ontario

OIN INP EE – Ontario French-Speakin ing Ski kill lled Worker

• No minimum CRS points
• Education
• Bachelor’s or above
• Canadian or properly assessed by ECA
• Language Requirements
• CLB 7+ in French in all criteria
• AND CLB 6+ in English in all criteria
• Meet work experience requirements of FSW (last 5

years) or CEC

• Meet minimum settlement funds
• Demonstrate intention to reside in Ontario
• Legal status in Canada (if applicable)

OIN INP EE – Ontario Skil ille led Trades

• No minimum CRS points
• Eligibility for CEC under EE
• No eligibility under FST required; eligibility under

FST is not sufficient

• Language Requirements
• CLB 5 – minimum CEC requirement for NOC B
• ccupations
• Current residence in Ontario on a WP
• Meet minimum settlement funds
• Demonstrate intention to reside in Ontario

Sk Skil illed Trades - Requir irements

• Work Experience
• 12 months of full-time (or equivalent in part-

time) in Ontario within two years from the date of PT

• Work experience must be in a skilled trade
• ccupation listed in NOC Minor Group 633 or

Major Group 72, 73, or 82

• NOT the same exact list as FST – Major

Group 92 and Minor Group 632 excluded

• Ontario trade certification IF required by trade

OIN INP EE – In Intention to Resid ide in in Ontario

• Statement of intent giving reasons to settle in Ontario and ties to

Ontario

• We do Affidavit form but not required
• Also provide evidence of ties to Ontario, which can include
• Employment in Ontario
• Job offers or jobs applied/interviewed for in Ontario
• Volunteer work in Ontario
• Lease agreements for a residence in Ontario or property
• wnership/deeds
• Professional networks and affiliations
• Family ties
• Social connections or personal relationships
• Previous visits to Ontario

Main intain ining Worker Status Post eAPR – BOWP

• PDIs https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/publications-manuals/operational-bulletins- manuals/temporary-residents/foreign-workers/provincial- nominees-permanent-resident-applicants/bridging-open-work- permits.html

• Designed for WP holders who have applied for PR and wish to

extend status as workers while PR is processing

• Qualifying programs: FNs who submitted applications for
• Federal Skilled Worker program(FSW)
• Canadian experience class (CEC)
• Federal Skilled Trades (FST)
• Caring for children or caring for people with high medical

needs class

• Provincial Nominee Program – where there are no employer

restrictions on nominations

Brid idging Open Work Permit it – BOWP

• Currently in Canada
• Valid status on a WP due to expire within the next 4 months
• Principal applicant on an APR under eligible le classes
• APR has received a positive eligibility assessment
• Electronic application for permanent residence submitted under

Express Entry has passed the R10 completeness check; OR

• Have received a positive eligibility assessment on their paper APR

submitted by mail under one of the economic classes above (R10 letter)

• Always provide nomination certificate for PNP applicants
• Evidence that the nomination is unrestricted
• Don’t forget to pay both WP fee and open WP fee = $255

Some Ethic ical Dile ilemmas in in EE EE Applic lications

Assisting wit ith Employment Confirmation Documents

• Employment confirmation letters need to be very precise and

meet certain standards

• Not uncommon for representatives to help in their preparation
• Ensure that job duties declared are actual job duties of the client

even if presented in NOC heavy language

• Watch out for electronic signatures and signs of forgery
• Ask for client consent when approaching employer
• Confidentiality (art. 8 of ICCRC Code of Professional Ethics)
• While it is fine to review job offers for immigration requirements,

abstain from preparing sections that deal with employment, contract and other laws

Case Scenario

• A client approaches you with a signed letter

confirming his employment as an administrative assistant at The Best Company. The letter is electronically signed by the Human Resources Manager, Steven Watkins

• Upon inspecting the letter, you notice spelling and

grammatical mistakes uncharacteristic of an English speaking author. You also notice that the description of your client’s duties is a copy paste job from the NOC. Finally, the background of the electronic signature is a different tone of white than the rest of the PDF letter

• What would you do?

When Working wit ith Employees and Employer…

• Watch out for conflicts of interest!
• Art. 9 of ICCRC Code of Professional Ethics
• Member shall not represent parties with potentially conflicting

interests, unless after adequate disclosure and with consent

• Stop acting in a matter where there is or is likely to be a

conflict of interest

• Consider both actual and potential conflicts of interest

Employer – Employee Confli licts

• Employee has a criminal record or health condition

not disclosed to employer, which comes to light due to possible inadmissibility

• Employee who has been offered AE discloses she

doesn’t intend to stay with employer after landing

• Dispute arises between the two – employer wants to

terminate employer

• Employer objects to full disclosure of financials to

employee and this disclosure is necessary for the application

• Such disclosure is unlikely in EE applications

How to Avoid id and Manage Conflic icts of In Interest

• Explain at initial consultation
• If you are retained by both clients, you would be acting for both clients
• It doesn’t matter who is paying the legal fees
• There is no confidentiality between joint clients
• If a conflict arises that cannot be resolved, you will not be able to keep acting

for both of them anymore and may have to withdraw completely

• If one of the parties is a recurring client, such as a corporation for which you
• ften bring foreign workers, this must be disclosed to the other party
• Have a clearly worded joint retainer
• Avoid acting when conflict will likely arise, even if clients consent
• Possibly enter retainer with employee alone, even in AE situations and even if

fees are being paid by employer

Uplo loadin ing Clie lient In Information to EE and eAPR

• Have clients provide information for EE profile in

writing and document changes in writing

• Alternatively, you could review full EE profile with

client prior to submission

• Include provision in EE retainer stating that the

information declared in profile has not been verified with backup documentation but is based on the client’s self-declared information

• May want to verify some information upfront if it is

unclear

Uplo loadin ing Clie lient In Information to EE and eAPR

• Have two retainers (one of EE and one for

eAPR) or divide retainer in two stages unless you are fairly certain that client will receive an ITA

• E.g. You don’t want to engage client for full

CEC application and hold funds for the application if ITA will not be received

• Manage client’s expectations – EE upload

does not mean an ITA is guaranteed

Uplo loadin ing Clie lient In Information to EE and eAPR

• If ITA is imminent, anticipate documents that may take time and

start document collection

• Police clearances, employment documentation
• Review eAPR with client or ensure that a full printout is reviewed

and acknowledged in writing

• If EE profile or eAPR was uploaded to client’s MyCIC account,

have them submit and sign electronically

• If uploaded and submitted through Representative Portal,

sign with your own name

• Make sure client understands what changes are substantial and

need to be reported to IRCC

• When proof of funds are needed, advise client to keep funds until

landing

Questions

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