Tue | Oct 17, 2017

Do I qualify for the skilled worker programme?

Published:Tuesday | October 7, 2014 | 12:00 AM
Deidre S. Powell
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Dear Ms Powell,

I am 47 years old and have a degree in tourism management. I am currently working in a hotel in Canada. I would like to know if I qualify under the Federal Skilled Worker Programme (FSWP), Canadian Experience Class, to remain in Canada as I am sure that my employer would say yes to my sponsorship, if I request it. The only thing is that I do not want to get stuck in the job I currently have. How can I apply to stay in Canada permanently?

- JJ

Dear JJ,

Since you are already working in Canada, you stand a good chance of qualifying under one of the programmes to become a permanent resident. The programmes that you could qualify under are usually based on your current occupation, work experience, age, education and whether or not you can get a valid job offer.

You have indicated that you have a degree in tourism management, but did not state your current occupation. To qualify under the FSWP, you would need to prove that your current occupation is one of the 50 listed eligible occupations as stipulated by Citizenship and Immigration Canada (CIC). A full list of the eligible occupations is posted on my website at www.deidrepowell.com.

Also, you will need to be able to get a minimum of 67 points, based on your age, work experience, adaptability and results of the English examination. You will also need to submit an Educational Credential Assessment report from one of the authorised institutions.

You should note that only a maximum of 25,000 applications will be accepted under the current programme which will end in December and a new programme will be introduced in January 2015, which is called the express entry programme.

It sounds as if you are not currently working in a supervisory or managerial position with your current employer. However, based on your qualifications, if you have a minimum of one work experience working in a supervisory or managerial position in one of the listed occupations, then you may qualify under the Federal Skilled Worker Programme. We would need additional information from you to make a proper assessment.

The Canadian Experience Class (CEC) was implemented to assist persons who have lived in Canada for some time, have certain specified skills and work experience to become permanent residents. These persons are viewed as most likely to successfully adapt and integrate into the Canadian society.

To qualify under the programme, you must have an intention to live in any province, with the exception of Quebec; have 12 months full-time (or an equal amount in part time) skilled work experience in Canada in the three years before you applied; have gained your experience in Canada with the proper authorisation; meet the required language level needed for the job.

Certain professions are not eligible under the CEC programme. They are: cooks, chefs, food service supervisors, administrative officers, administrative assistants, accounting technicians and bookkeepers and retail sales supervisors.

Based on the information that you have provided, it would appear that you may be qualified under the Canadian Experience Class programme. Your occupation should fall under a category accepted by CIC. Most of the occupations include persons who are in supervisory, managerial, or professional positions. You stand an even better chance if you have close relatives living in Canada, which further demonstrates your ability to successfully integrate into the Canadian society.

To ensure that your application is successful, I would recommend that you consult with an immigration lawyer to provide additional information about your background, work experience and qualification, so that a proper assessment can be done on your behalf.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, commercial, family, and administration of estates. Submit your questions and comments to: Email: info@deidrepowell.com. Subject line: Immigration. Tel: 613-695-8777. Find her on Facebook: jamaicanlawyer