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OP 6-C – Federal Skilled Worker Class – Applications received on or after May 4, 2013
7. Processing
Processing applications for permanent residence in the Federal Skilled Worker Class involves a series of procedural steps, including an assessment of eligibility for processing by the CIO.
These procedures are described in greater detail in the following sections of this chapter:
•Receiving the application, Section 8;
•Assessing the application against Ministerial Instructions, Section 9;
•Assessing the application against minimum requirements, Section 10;
•Assessing the application against selection criteria, Section 11;
•Making the selection decision, Section 12;
•Determining admissibility, Section 13;
•Rendering a final decision on the application, Section 14.
8. Procedure: Receiving the application
8.1. Completeness check upon receipt
All applications for permanent residence in the Federal Skilled Worker Class must be submitted to the CIO in Sydney, Nova Scotia.
Applications received at the CIO will first be reviewed for completeness pursuant to R10 and the application kit requirements in place at the time of application receipt, including the following
forms, fees, information and supporting documents:
•a signed and completed Generic Application Form for Canada [IMM 0008], including the
name, date of birth, nationality, current marital status, and current immigration status of the
principal applicant and all family members (whether accompanying or not);
•results of the principal applicant’s language proficiency test from a designated testing agency,
which are less than two years old on the date on which the application is made,
demonstrating that they meet or exceed the language proficiency threshold set by the
Minister in all four skill areas in the first official language identified in their application;
•evidence that the principal applicant has accumulated at least one year of continuous full-time
paid work experience, or the equivalent in continuous paid part-time work experience, in the
NOC 2011 0, A or B occupation identified in their application for permanent residence as their
primary occupation. This work experience must have been obtained within the 10 years
preceding the date of their application, and the applicant must have:
•performed the actions described in the lead statement for the occupation as set out in the
occupational description of the NOC 2011; and
•performed a substantial number of the main duties, including all of the essential duties, of
the occupation as set out in the occupational description of the NOC 2011.
•a completed Canadian educational credential OR a completed foreign educational credential
and its equivalency assessment (Educational Credential Assessment – ECA report) issued by
a designated organization or institution. If a professional body has been designated for the
occupation specified by the applicant as their primary occupation, the ECA report must have
been issued by the designated professional body. The ECA report must be less than five
years old on the date on which the application is made;
•a properly completed Schedule A Background/Declaration [IMM 5669] for the principal
applicant and, if applicable, his or her spouse or common-law partner, and all dependent
children 18 years of age or older listed in the IMM 0008;
•a properly completed Schedule 3 Economic Class Federal Skilled Workers [IMM 0008 –
Schedule 3] for the principal applicant;
•a properly completed Supplementary Information Your Travels [IMM 5562] for the principal
applicant;
•a properly completed Fee Payment Form Application for Permanent Residence [IMM 5620]
and evidence of payment of the applicable fees;
•clear identification of the visa, permit or authorization for which the application is being made;
•clear identification of the class in which the application is being made;
•a signed declaration to the effect that the information provided is complete and accurate; and
•any additional documents and information required by the IRPR, as well as any other
evidence required by the Act.
Note: Applications that are incomplete or received after any global or sub-cap specified through
Ministerial Instructions has been reached will be returned to the applicant along with
processing fees.
If it is determined that... If it is determined that...
the application meets the requirements
pursuant to R10, including the application
kit requirements in place at the time of
application receipt proceed to assess the application against
ministerial instructions (Section 9).
the application does not meet the
requirements pursuant to R10, including
the application kit requirements in place at
the time of application receipt return the application to the applicant as
incomplete.
The CIO will record in GCMS that an
application was received and returned to the
applicant, and will take no further action unless
a complete application, as outlined above, is
made.
Note: Applications are date stamped upon receipt at the CIO and then checked for
completeness in order by date of receipt. The “application received” date at the CIO is the
lock-in date. Processing offices should therefore maintain the application received date from
the time of the applicant’s initial submission to the CIO, and process the application to
conclusion.
9. Procedure: Assessing the application against Ministerial Instructions
The CIO will assess the applicant’s submission as-is and make a final determination of eligibility
for processing under the applicable Ministerial Instructions.
To be eligible for processing, the applicant must have submitted a complete application as per the
kit requirements in place at the time of application and meet all the criteria described in the
applicable Ministerial Instructions in place on the date of application receipt.
If the application is determined to be eligible for processing, the applicant will be informed. Once
the CIO has made a positive eligibility determination, processing has begun and processing fees
are no longer refundable.
If the application is determined to be ineligible for processing, the applicant will be informed and
will receive a refund of processing fees. The application will not be returned to the applicant.
Refer to the Canada Gazette for the current Ministerial Instructions applicable to this class:
http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.
Note: Missing admissibility documents (i.e. police certificates) should not delay the final
determination of eligibility for processing. Applicants have been strongly encouraged to
include police certificates with their application. However, if applicants cannot obtain police
certificates, they may still submit the application to the CIO without them. The CIO will not
reject these applications provided they are complete in all other respects. If the application is
placed into processing, the applicant must be ready to submit the police certificates to the
processing office when requested.
If the application... Then the CIO...
meets all the criteria of applicable
Ministerial Instructions will make a final positive determination of
eligibility for processing and:
•put the application into process and inform the
applicant (Section 9.1); and
•proceed with assessing the application against
minimum requirements (Section 10).
The processing fees are no longer refundable.
does not meet all the criteria of
applicable Ministerial Instructions will make a final negative determination of
eligibility for processing and:
•record the outcome and reasons in GCMS;
•initiate a refund of processing fees; and
•inform the applicant (see Appendix A for
sample letter).
The application will not be returned to the applicant
Note: In making a final negative determination of eligibility for processing determination, officers
should clearly state the reasons for their determination in GCMS.
9.1. Putting an application into process at the CIO
Following a positive completeness check and final determination of eligibility for processing under
Ministerial Instructions, if any, in place at the time of application, the CIO will:
•create a file in GCMS;
•enter “SW1-FED” in the Category field in GCMS;
•cost recover the applicable processing fees and enter confirmation in GCMS; (Please take note that it is in this stage that the cc/dd is charged/encashed.)
•record the GCMS file number on the paper file;
•send an acknowledgement of receipt letter to the applicant informing them that their file has
been placed into processing and, if applicable, transferred to another office;
•transfer the paper file to the processing office in accordance with existing file transfer policies;
and
•transfer the electronic file to the processing office in GCMS by making that office the primary
office for processing.
10. Procedure: Assessing the application against minimum requirements
Applications that have been determined to be eligible for processing will be assessed by the CIO
against the minimum requirements for skilled workers set forth in R75.
10.1. Determining whether minimum requirements have been met
The CIO will review the application in detail, considering all the information and documentation
provided with respect to the applicant’s work experience, official language proficiency and
education to determine if the applicant meets the minimum requirements for skilled workers.
Note: Substituted evaluation cannot be used by the CIO to overcome an applicant’s failure to
meet the minimum requirements.
