5.2 Ministerial Instructions – effective June 26, 2010
The second set of Ministerial Instructions (MI), issued on June 26, 2010, introduced a number of
changes, including a revised list of eligible occupations, annual limits to the number of
applications to be considered for processing in the FSW class, as well as revised eligibility criteria
with respect to evidence of official language proficiency and work experience.
FSW applications received by the Centralized Intake Office (CIO) on or after June 26, 2010,
accompanied by the results of the principal applicant‘s English or French language proficiency
assessment, not exceeding the identified caps and that meet either of the following criteria shall
be placed into processing:
Applications from skilled workers with evidence of experience in the last ten years under one or
more of the National Occupation Classification (NOC) codes specified in the MI up to a maximum
of 20,000 new, complete applications per year with no more than 1,000 applications of this
maximum in any one NOC category;
or
Applications submitted with an Arranged Employment Offer (AEO) consistent with requirements of
subsection R82(2) of the Immigration and Refugee Protection Regulations (IRPR).
Limit on the number of applications to be processed per year
A maximum of 20,000 FSW applications, without an AEO, will be considered for processing each
year by the CIO. Applications with an AEO will not be counted against the 20,000 cap.
Within the 20,000 cap, a maximum of 1,000 FSW applications per NOC code will be considered
for processing each year.
In calculating the caps, the CIO will consider applications in the order of the date they are
received. Applications received on the same date will be considered for processing having regard
to routine office procedures.
For the unique purpose of calculating the caps, the first year will begin on June 26, 2010, and end
on June 30, 2011. Subsequent years will be calculated from July 1st to June 30th, unless otherwise
indicated in a future set of MI.
5.3. Applying the Ministerial Instructions
Applications received before February 27, 2008
All applications received prior to February 27, 2008, are to be processed pursuant to legislation in
effect at the time of application.
Applications received on or after February 27, 2008 and before June 26, 2010
Federal Skilled Worker applications received on or after February 27, 2008 and before June 26,
2010, must meet the requirements in the first set of Ministerial Instructions in order to be eligible
for processing.
All FSW applications are to be submitted directly to the Centralized Intake Office
OP 6
Federal Skilled Workers
(CIO) in CPC-Sydney. At the CIO, an initial assessment of whether the application corresponds to
the Ministerial Instructions is made. If the CIO refers the application to a visa office, the visa office
is responsible for making a final determination of eligibility for processing. For CIO procedures,
please see Section 8.
Applications received on or after June 26, 2010
FSW applications received on or after June 26, 2010, must meet the requirements in the second
set of the MI in order to be considered eligible for processing. The CIO will assess complete
applications against the MI to determine whether applicants are eligible for processing. Those
determined to be eligible will be placed into processing. Applications that receive a negative
determination of eligibility will not be processed and will receive a full refund. For CIO procedures,
please see section 7.
Note: Any applications received by the CIO which are not Federal Skilled Worker applications are to be
returned to the applicant.
SECTION 7. Procedure: Applications received at the CIO on or after June 26, 2010
All FSW applications must be sent by applicants to the CIO. This section outlines how final
determinations of eligibility for processing are to be made at the CIO. Please see the following
areas for specific procedural instructions:
Receiving the application at the CIO – section 7.1
Assessing the applications against the MI – section 7.2
Applications that meet the MI – section 7.3
7.1. Receiving the application at the CIO
Applicants are required to submit their complete application, including required supporting documents, to the CIO. This includes all documents listed both on the CIO and visa-office specific document checklists.
As of June 26, 2010, a valid official language test result from a designated language testing agency must be submitted as part of the application. Applications received at the CIO will first be reviewed for completeness pursuant to R10, including
the following required forms, fees, information and documents:
required forms, including a signed and completed IMM 0008E GEN containing the name, birth date, address, nationality, marital status and current immigration status of the applicant and all family members (whether accompanying or not), and identifying the principal applicant, properly completed Schedule 1‘s for the principal applicant, his or her spouse or common-law partner and all dependent children aged 18 and older listed on the IMM 0008, as well as a properly completed Schedule 3 for the principal applicant;
the results of the principal applicant‘s English or French language test from a designated testing agency (see section 12.6)
evidence of payment of the applicable fees (please see Section 5.4 for more information on
fees);
the visa, permit or authorization being applied for;
the class in which the application is made;
the Use of a Representative form, if appropriate;
a signed statement to the effect that the information provided is complete and accurate;
any information and documents required by the Regulations, as well as any other evidence
required by the Act.
Note: Applicants must submit all documents listed both on the CIO and visa-office-specific document
checklists in order for their applications to be considered complete pursuant to R10.
7.2. Assessing applications against the Ministerial Instructions issued June 26, 2010
The CIO will assess the applicant‘s submission as-is and make a final determination of eligibility under the MI issued on June 26, 2010. To be eligible for processing, the applicant must meet all the criteria described in the MI. If the application is eligible for processing, the applicant will be informed. Once processing has begun, the cost recovery fee is no longer refundable.
If the applicant‘s submission is determined to be ineligible for processing, the applicant will be informed and will receive a refund if the fee payment was processed.
Note: Missing admissibility documents, i.e., police certificates, should not hold up the final determination of eligibility for processing. Applicants have been strongly encouraged to send police certificates. If applicants cannot obtain them, they may still submit the application to the CIO without them. The CIO will not reject these applications provided it is complete in all other respects. However, if the application is placed into processing, the applicant must be ready to submit the police certificates to the visa office when requested.
Evidence to consider when making the final determination of eligibility for processing
Review the application and determine whether it meets all the criteria of the MI. For an application to be considered for processing under these Instructions, the applicant, on the date of application, must:
have experience in the last ten years under one or more (see note below) of the National Occupation Classification (NOC) codes specified in the MI, and the application does not exceed the maximum of 20,000 new, complete applications per year with no more than 1,000 applications of this maximum in any one NOC category;
or
have an Arranged Employment Offer (AEO) consistent with requirements of subsection R82(2) of the Immigration and Refugee Protection Regulations (IRPR).
Note: Applicants must have at least one year of continuous full-time or equivalent paid work experience in at least one of the listed NOCs and not combined partial year experience in multiple NOCs. Anticipated short breaks between jobs are acceptable. For example, if an applicant is employed in one occupation for a 4 month contract and before the end of that contract, has secured other employment that will begin shortly after the end of first contract, this break in continuity would be acceptable. The occupation must be listed in the MI.
Note: Arranged Employment Offer - It may or may not be evident that an applicant has an arranged employment offer.
Pursuant to R82(2)(a) an arranged employment offer, along with the work permit, will be accompanied by a Labour Market Opinion (LMO) provided by Human Resources and Skills Development Canada (HRSDC)/Service Canada. In this case, it will be evident that there is an arranged employment offer.
Pursuant to R82(2)(b) an arranged employment offer, along with the work permit, will be LMO-exempt.
Please refer to policy manual FW 1 for exemption codes. In this case an applicant will not be able to provide documentary evidence that the work permit was issued per R204(a), R205(a) or R205(2)(c)(ii). This can only be verified by checking the exemption codes in FOSS in the document details.
7.3. Applications that meet the criteria of the Ministerial Instructions issued June 26, 2010
If the application is determined to meet the criteria of the MI and to be eligible for processing, the CIO will proceed to processing the application against the FSW minimal requirements and the cost recovery fee is no longer refundable.
If Then
the application corresponds to the Instructions The CIO will proceed with processing the application
against FSW minimal requirements (Section 11).
the application does not correspond to the Instructions CIO will make a final negative determination of eligibility
processing;
record outcome and reasons;
send a letter to inform the applicant (see Appendix D for
sample letter); and
initiate a refund where applicable.
For SW1 (one or more of the 38 occupations listed in the MI),
For SW2 (arranged employment offer)
For SW3 (temporary foreign workers and international students legally in Canada for at least one
year):
Acknowledgment of receipt
Once there is a positive completeness check, the officer will send the applicant a letter to:
notify them of this fact and provide them with their visa office file number;
set out basic instructions for contact with the visa office;
give them a brief outline as to future steps; and
inform them that they can follow the progress of their file via CIC‘s e-Client Application Status
Web page.
Selection criteria – selection factors and settlement funds
Six selection factors are set forth in R76(1)(a). Officers will assess the applicant‘s points in each of
the following areas, based on the information and documents provided in the application:
education (Section 12.2);
language proficiency (knowledge of official languages) (Section 12.3);
experience (Section 12.13);
age (Section 12.14);
arranged employment (Section 12.15);
adaptability (Section 12.16)
Selection criteria - Settlement funds
The applicant must clearly demonstrate that they have sufficient and available funds to meet the
requirements or that they have arranged employment as defined in R82.
The funds must be:
available and transferable;
unencumbered by debts or other obligations.
The amount of funds are assessed according to the applicant‘s family size
Note: In terms of funds required, the number of the applicant‘s family members includes both accompanying and non-accompanying dependants.
Although the amount may change yearly, at time of publication the required funds are equal to or greater than the amount listed below for each family size:
Number of family members Funds required
1 $11,086
2 $13,801
3 $16,967
4 $20,599
5 $ 23,364
6 $ 26,350
7 or more $ 29,337
Exception: If the applicant has arranged employment as defined in R82, they do not have to
meet these financial requirements