CANADA - FEDERAL IMMIGRATION SYSTEM

Independent Skilled Worker (Professional) Category

Overview

The Independent Skilled Worker category is designed to promote the immigration of skilled, experienced workers in occupations for which there is reasonable demand in Canada.

Immigration Regulations

Individuals interested in immigrating to Canada may apply through the Canadian federal immigration system or through other provincial immigration programs such as those of Quebec, Manitoba, Saskatchewan, New Foundland and New Brunswick. Their selection criteria differ slightly from those of the federal system. It should be noted that applying under these programs still yields the same final result: a Canadian immigration visa allowing you to settle anywhere in Canada. However, people who apply through these programs should have some intention of settling in the province that selects them.

Under the federal system, visa officers assess the principal applicant based on factors/criteria that include:

1
Education
2
Occupation
3
Age
4
Experience
5
English/French Abilities
6
Personal Suitability
7
Demographics
8
Relatives in Canada


A married couple can choose to designate either the husband or the wife as the principal applicant. It is wise to select the spouse who is more likely to be accepted.
The applicant's occupation must be on a list of occupations approved for immigration. You must have at least one year of relevant full-time paid work experience gained after completing relevant education/training. However, for many occupations, you need 3- 4 years of experience.
Some occupations require registration and/or licensing so you must prove that you meet the professional requirements. This proof may take the form of an assessment by the appropriate regulating organization. As well as passing the assessment criteria, all applicants and their dependants, whether accompanying or not, must meet Canada's medical, criminal and financial admissibility requirements.

Application Processing Stages

The processing of immigration cases lodged at the visa offices entails up to 4 main stages:

1. The First Stage

The visa officer merely checks your application to ensure that it is complete, with all the relevant and necessary documents attached. If these documents are not included, the officer may request additional information, or may send the whole application package back to you or to us.

2. The Second Stage

The preliminary screening of applications takes place in this stage. Here, the officer starts to evaluate your case, considering the combination of factors mentioned earlier, to determine whether you satisfy the minimum level of eligibility prescribed by the government. If you score below this level, your application will be rejected at once.
Achieving a positive result at the end of this stage signals only minimum eligibility and does not indicate that your application will eventually be approved, even if you receive a sufficiently good result to qualify for an interview. Every year, hundreds of thousands of qualified people from around the world apply to immigrate to Canada.

Meanwhile, the government specifies a target number of immigrants to be accepted annually. There are far more applicants who satisfy the minimum criteria than can possibly be accepted in any given year. Only the best of these people are chosen; successful applicants are those who have submitted flawless, well-presented application packages. Those that have been professionally prepared for the interview, and, perhaps even more importantly, whose applications have been supported by diligent contact, follow up and communication by an immigration expert with the government.
In this stage, how your application is presented is undoubtedly critical to your success in obtaining a visa. Should you engage EasyMigrate Consultancy Services (ECS), our Canada affiliates can compose a Professional Opinion Report (P.O.R.) to accompany your application. Our P.O.R. acts in essentially the same manner as a trial lawyer in a court of law. The P.O.R. methodically addresses each and every issue that visa officers consider before making their decisions. Citing legal precedents and prior Federal Court decisions on similar cases to support the arguments being made in favour of the client, the P.OR. highlights and accentuates the positive aspects of the case and at the same time rebuffs any possible concerns against the case. Each case is thoroughly scrutinized by a vigilant visa officer, even simple matters such as the age of the applicant.

 

Consider the following issues in your application:
(a) Age.

How will the visa officer calculate your age? What happens if your birthday occurs while the application is pending?

(b) Education

How will your educational qualification compare to Canadian educational standards based on the educational program you graduated from? A Bachelor degree from another country may not be regarded as equivalent to a Canadian Bachelor degree. Is it sufficient for working in your intended occupation in Canada, even if this occupation does not require licensing or registration?

 

(c ) Occupation

Is your occupation acceptable for immigration purposes? Several occupations are ineligible, while others simply are not given significant weight in the immigration assessment. Some of the ineligible occupations include teachers, lawyers, clerks and most doctors (veterinarians, pathologists, ophthalmologists, physiotherapists, audiologists and radiologists may be acceptable). Furthermore, applicants should realize that overseas occupations and job titles may not exactly correspond to similar job titles in Canada. Is it mandatory to be licensed/certified/registered in Canada before being permitted to practice your profession?

(d) Work Experience

What is the nature of your work experience? Do your skills and the job duties you have performed match those of workers in the same occupation in Canada? For example, it is not sufficient for an engineer to have graduated from an approved university. In order for the work experience to be considered relevant, he/she must also have performed job duties of a typical engineer from a Canadian perspective.

(e) Presentation

Success in gaining an immigration visa hinges on presenting a case in such a way that unequivocally portrays the applicant as perfectly suitable to immigrate. In fact, thousands of applicants with good qualifications are rejected every year because their attributes are presented inadequately. At ECS, we understand the concerns that revolve in the mind of the visa officer, and we are capable of submitting a persuasive application addressing these concerns. In other words, we know how the visa officer evaluates immigration cases, and what s/he expects of applicants. We handle our clients' cases with this knowledge in mind.

3. The Third Stage

Here, the visa officer makes a decision to approve or reject the case in principle. Applicants may have to attend a highly intense interview in which the visa officer uses his subjective opinion to evaluate the applicant. However, when your case is exceptionally strong and well prepared, the visa officer may waive the interview. ECS has been successful in requesting and obtaining interview waivers for a significant percentage of our clients.

Applicants can win or lose their immigration visa on the basis of this meeting with the visa officer. Your proficiency in English/French will be examined. Very often, the visa officer assesses language abilities of applicants at much lower level of fluency than what the applicants believe they deserve. The applicant's personal suitability for immigration is the most challenging factor probed in the interview. You must prove that you are likely to smoothly adapt to life in Canada, by demonstrating pertinent knowledge about life in Canada and the job market in the region where you wish to work, especially in your intended occupation.

ECS plays a crucial role in coaching clients to perform optimally in the interview. Those applicants whom ECS prepares for the interview become aware of the type of questions likely to be broached by the visa officer and how best to answer them. We instruct the clients on the realities of searching for and securing a job, as well as on how to exhibit the right personal traits and attributes to impress the visa officer.

4. The Fourth Stage

If the visa officer approves your application in principle in the third stage, you still have to meet the medical, criminal/security, and financial admissibility requirements. Once you meet them, your migration visa will be issued.

Realities of Immigration

Immigration regulations may seem deceptively simple, leaving an applicant with a false sense of security and optimism. Some materials published by the government provide incomplete and vague information about the immigration criteria, leading prospective immigrants to over-estimate their eligibility. Consequently, when they apply for immigration, they are rejected. Government guidelines distributed to applicants are meant to be merely guidelines. They signal only the minimum criteria for eligibility to migrate. They may be a good starting place, but anyone who is seriously considering immigration must realize that the subjective criteria and the discretionary power used in the assessment by the visa officer can affect your case negatively.

Regulations and selection criteria most pertinent to your application may change without notice. Sometimes, too, immigration authorities publish information about upcoming changes, but these changes do not ever materialize or instead are implemented later than they are scheduled to come into effect. In both scenarios, applicants submitting cases based on inaccurate information will face a greater likelihood of refusal. Ignorance of procedures and regulations can be devastating to your case.

The complexity of the immigration process most often necessitates seeking professional representation for your immigration case. Moreover, the following statistics illustrate quantitatively why it may be so critical to engage the services of an expert immigration practitioner working for a reputable organization:

Applicants applying to immigrate without professional assistance usually have up to 5% success rate, depending how well they learn the migration regulations.

Those who engage the services of regular immigration consultants/lawyers face 70-85% success potential. ·
Those who engage the services of expert immigration consultants/lawyers enjoy an impressive success rate exceeding 95%.

An effective counsel fully comprehends the complex realities of the migration process, current regulations and pending changes, thus can screen out all the outdated and inaccurate information remaining in circulation. Such a professional understands that cases are processed slightly differently, depending on where the application is submitted. The visa office in London, for example, may follow slightly different processing rules than the one in Cairo. The experts of ECS, with access to this knowledge, can ensure that your immigration application proceeds as smoothly and efficiently as possible, and ultimately results in an immigration visa.

For information about our Canadian Services and Fees, click here: ECS - Canada - Services & Fees.
For information about the application fees to be paid to the Canadian Government, click here: Canadian Government Fees .

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Some Contents on pages pertaining to Canada and New Zealand are Courtesy of Canada Immigration Research Institute.