Professional Documents
Culture Documents
AHMED D. HUSSEN
Minister of Citizenship and Immigration
Interpretation
Definitions
1 The following definitions apply in these Instructions.
“Canadian citizen”
« citoyen canadien »
“common-law partner”
« conjoint de fait »
“invitation”
« invitation »
“official language”
« langue officielle »
“Regulations”
« Règlement »
General
Classes of foreign nationals
2 Subsection 10.1(1) of the Act applies in respect of
Electronic System
3 (1) The Express Entry System of the Department of Citizenship and
Immigration is the electronic system that is to be used by a foreign
national, subject to subsection (3), to submit an expression of interest
for the purpose of subsection 10.1(3) of the Act and is to be used by
the Minister to process expressions of interest under section 10.2 of
the Act.
(a) to create the express entry pool which contains the expressions
of interest submitted by foreign nationals;
(b) to notify any foreign national who has an expression of interest
in the express entry pool of matters relating to their expression of
interest, including
(i) whether the foreign national meets the requirements of
subsection 5(1),
(ii) the number of points assigned to the foreign national
under the Comprehensive Ranking System, and
(iii) whether the foreign national has been issued an
invitation;
(c) for the purpose of the Comprehensive Ranking System referred
to in section 8, including to determine
(i) the rank of the foreign national relative to other foreign
nationals, and
(ii) whether the foreign national occupies the rank required in
order to be issued an invitation;
(d) to automatically transfer the information provided by the
foreign national in their expression of interest to an electronic
application for permanent residence made by the foreign national
under section 12.01 of the Regulations, if the foreign national is
issued an invitation; and
(e) to carry out these Instructions.
Information required
(3) When a foreign national submits an expression of interest, they
must provide the Minister with all the information required to process
their expression of interest, including
(a) the results, which must be less than two years old, of any
language test which is approved under subsection 74(3) of the
Regulations and provided by an institution or organization
designated under that subsection; and
(b) if applicable, the results, which must be less than five years old,
of any assessment of the equivalency of their educational
credentials that has been completed by an organization or
institution designated under subsection 75(4) of the Regulations.
Expired results
(4) If, during the period when an expression of interest is in the
express entry pool, the results of a language test provided for that
expression of interest under paragraph (3)(a) are two or more years
old, or if the results of an assessment of equivalency of educational
credentials provided for that expression of interest under
paragraph (3)(b) are five or more years old, the foreign national is
deemed, for the purposes of subsection 5(1), to no longer be able to
meet the requirements of the Regulations that are related to those
results.
Validity period
6 An invitation is valid for the period of time beginning on the day after
it is issued by the Minister and ending on the 60th day after that day,
and any application for a permanent resident visa in response to that
invitation must be made within that period.
Disclosure to province
7 (1) The Minister may, for the purpose of section 10.4 of the Act,
disclose to officials responsible for the administration of the provincial
nominee program of a province referred to in paragraph 2(d) the
following personal information in respect of a foreign national:
Definitions
(2) The following definitions apply in this section.
“family member”
« membre de la famille »
Age
10 (1) The points that are to be assigned for the age factor referred to
in subparagraph 8(1)(a)(i) are the following:
Educational credentials
(3) In order for a foreign national to be assigned points under
subsection (1),
(a) their educational credentials must be Canadian educational
credentials; or
(b) they must have an educational credential equivalency
assessment in respect of their foreign educational credentials
issued by an organization or institution designated under
subsection 75(4) of the Regulations.
Maximum points
(4) The maximum number of points that may be assigned under
Five-year duration
(5) When the equivalency assessment referred to in paragraph (3)(b) is
five or more years old, points cease to be assigned under
subsection 11(1) and the points assigned to the foreign national under
the Comprehensive Ranking System are to be adjusted accordingly.
Maximum points
(2) The maximum number of points that may be assigned under
Requirements
(4) In order to be assigned points under subsection (1) for their
Canadian work experience, a foreign national
Full-time work
(5) For the purposes of this section, full-time work consists of at least
30 hours of work per week.
Work in excess
(6) For the purposes of this section, a period of work experience that
exceeds full-time work in one occupation, or simultaneous periods of
work experience in more than one full-time occupation, are to be
evaluated as a single period of full-time work experience in a single
occupation.
Level of education
17 (1) The points that are to be assigned to a foreign national for the
level of education factor referred to in subparagraph 8(1)(b)(i) are the
following:
(a) 0 points, if their accompanying spouse or common-law partner
has less than a secondary school credential;
(b) 2 points, if their accompanying spouse or common-law partner
has a secondary school credential;
(c) 6 points, if their accompanying spouse or common-law partner
has a one-year post-secondary program credential;
(d) 7 points, if their accompanying spouse or common-law partner
has a two-year post-secondary program credential;
(e) 8 points, if their accompanying spouse or common-law partner
has a post-secondary program credential of three years or more;
(f) 9 points, if their accompanying spouse or common-law partner
has two or more post-secondary program credentials and at least
one of them was issued at the completion of a post-secondary
program of three years or more;
(g) 10 points, if their accompanying spouse or common-law
partner has a university-level credential at the master’s level or at
the level of an entry-to-practice professional degree for an
occupation listed in the National Occupational Classification matrix
at Skill level A for which licensing by a provincial regulatory body is
required; and
(h) 10 points, if their accompanying spouse or common-law
partner has a university-level credential at the doctoral level.
Educational credentials
(3) In order for a foreign national to be assigned points under
subsection (1) for the educational credentials of their accompanying
spouse or common-law partner,
Five-year duration
(4) When the equivalency assessment referred to in paragraph (3)(b) is
five or more years old, points cease to be assigned under subsection
17(1) and the points assigned to the foreign national under the
Comprehensive Ranking System are to be adjusted accordingly.
Maximum points
(5) The maximum number of points that may be assigned under
subsection (1) is 10 points.
Requirements
(5) In order for the foreign national to be assigned points under
subsection (1) for the Canadian work experience of their
accompanying spouse or common-law partner,
Full-time work
(6) For the purposes of this section, full-time work consists of at least
30 hours of work per week.
Work in excess
(7) For the purposes of this section, a period of work experience that
exceeds full-time work in one occupation, or simultaneous periods of
work experience in more than one full-time occupation, are to be
evaluated as a single period of full-time work experience in a single
occupation.
Requirements
(2) In order to be assigned points under section 23 or 24 for their
foreign work experience, a foreign national
Full-time work
(3) For the purposes of paragraph (1)(b), full-time work consists of at
least 30 hours of work per week.
Work in excess
(4) For the purposes of sections 23 and 24, a period of work experience
that exceeds full-time work in one occupation, or simultaneous periods
of work experience in more than one full-time occupation, are to be
evaluated as a single period of full-time work experience in a single
occupation.
Requirements
(2) In order for a foreign national to be assigned points under
subsection (1), the foreign national
Requirements
(3) Points are only assigned under subsection (1) if, for the purpose of
obtaining the credential, the foreign national
Eligible credentials
(4) For the purpose of this section, an eligible credential is one of the
following:
Exceptions
(5) For the purpose of this section, the following are not eligible
credentials:
Clarification
(2) For the purpose of subsection (1), a sibling of a foreign national or
of the foreign national’s accompanying spouse or common-law
partner is the biological or adoptive child of
Two-year duration
(2) When the results of a language test referred to in subsection (1) are
two or more years old, points cease to be assigned for the language
proficiency assessed by that test and the points assigned to the foreign
national under the Comprehensive Ranking System are to be adjusted
accordingly.
Footnotes
a S.C. 2013, c. 40, s. 290
b S.C. 2001, c. 27
Date modified:
2018-12-04