THE SKILLED WORKER CLASS (The Federal Skilled Worker Class)
This Class is designed to select applicants seeking to establish permanent residence in any part of Canada except the Province of Quebec (Quebec has it’s own skilled worker rules) on the basis of their ability to contribute to Canada’s labour market. In addition to the Province of Quebec, several other Provinces have the ability to select limited numbers of immigrants destined to live in that Province. These are called Provincial Nominee Programs (PNP’s). In most cases, however, the PNP applicant must either have pre-arranged employment in that Province, or some substantial connection with that Province, such as a relative living there or a history of previous work or study in that Province. As of 2005, the number of immigrants admitted to Canada through PNP programs has been steadily rising. The PNP's are becoming increasingly popular.
However, the overwhelming majority of Skilled Workers in 2009 will be selected through the Federal Skilled Worker Class, so this discussion will focus on that Class.
Occupation List or Arranged Employment Pre-requisites: November 28, 2008
The November 28, 2008 rule changes are applicable to any application filed after February 26, 2008. An Occupation List
now governs who may apply as a Federal Skilled Worker who does not have an approved Canadian job offer. But, some applicants may be able to obtain a job offer, inwhich case, they can apply also and the procedures can be found at http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp
Positive and Negative Discretion and the Pass Mark
Canadian visa officers are not bound by the Pass Mark, they are free in appropriate cases to approve any Skilled Worker, if convinced that the applicant will be able to establish successfully in Canada. This is called Positive Discretion.
However, an officer can also refuse an applicant who is awarded sufficient points to pass the Pass Mark, if the officer believes that the applicant will not likely become economically successful. This is called Negative Discretion.
Substituted Evaluation. Under the new Regulations, Section 76 (3) provides for an officer making a “Substituted Evaluation”. This awkward term is the mechanism that allows an officer to make a discretionary approval, or a discretionary refusal, regardless of the Points Awarded and regardless of the current Pass Mark. In other words, the Pass Mark and the selection factors are Guidelines.
Normally, visa officers follow the guidelines, so it is better to satisfy the pass mark than not.
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