In June 2014 this post counted Federal Skilled Worker applications in 50 eligible occupations. That intake ended when Express Entry opened on January 1, 2015. Here is what replaced it, and where an immigration file becomes an Immigration and Refugee Board hearing, the work of Angelina Shuster, a paralegal licensed by the Law Society of Ontario.
The 2014 intake against the program today
| May 2014 intake | Federal Skilled Worker today | |
|---|---|---|
| Who could apply | One of 50 listed occupations, a job offer, or the PhD stream | Skilled work in any TEER 0, 1, 2 or 3 occupation |
| Limit | 25,000 in total, 1,000 per occupation | No occupation cap |
| Order | First received, until a cap filled | Highest-ranked profiles in the pool are invited |
| Codes | Four-digit NOC 2011, such as 2173 | Five-digit NOC 2021, grouped by TEER |
IRCC’s minimums today: one year of continuous paid work or 1,560 hours in the last 10 years, CLB 7 in all four language abilities, and 67 of 100 points on the selection grid.
Two clocks that run at the same time
Immigration
Set by IRCC and the Ministerial Instructions for Express Entry
- Credential assessmentAn ECA for a degree earned abroad.
- Profile in the poolUp to one year (s. 4(1)).
- Invitation to applyApplication due within 60 days (s. 6).
- Proof of fundsWaived with Canadian work authorization and a valid job offer.
Licence to practise
Set by the provincial regulator of the profession
- Find the regulatorOntario regulates over 100 professions and trades.
- Its own assessmentThe ECA earns points; it licenses no one.
- Exams and supervised practiceSet by each regulator.
What an experience letter has to show
- Employer’s name, address, phone and email, and a signature
- Dates of employment, from and to
- Hours per week, which count toward the 1,560 hours
- Salary and benefits
- Main duties, matching the occupation claimed
When a credential claim becomes a hearing
Misrepresentation
Misstating a material fact, such as duties copied from an occupation description, brings five years of inadmissibility (s. 40(2)(a)).
Report and referral
An officer’s report can be referred to the Immigration Division for an admissibility hearing.
Appeal or review
A permanent resident can appeal a removal order to the Immigration Appeal Division; other refusals go to the Federal Court, with leave.
Hearings at the Immigration Division and Immigration Appeal Division are within a paralegal’s scope under LSO By-Law 4. Our legal team assists with the full range of your matter, including applications filed with IRCC. For a review of a refusal or hearing notice, use the free assessment or call (416) 835-6989.
Questions professionals ask about the old caps
Do the 2014 occupation caps still apply?
No. They ended when Express Entry opened on January 1, 2015.
Does immigration selection give a licence to practise?
No. A regulated profession in Ontario is licensed by its own regulatory body.
What happens if work experience was described inaccurately?
An officer can find misrepresentation under section 40 of IRPA, which carries five years of inadmissibility and can lead to an Immigration Division hearing.
Sources
- IRCC: Federal Skilled Worker Program requirements
- Ministerial Instructions respecting the Express Entry system: ss. 4(1), 6
- Immigration and Refugee Protection Act: ss. 40, 44, 63(3), 72
- Ontario: Work in your profession or trade
This article is general information and is not legal advice. Reading it does not create a paralegal-client relationship.
