Economic Immigration Flashcards
1
Q
Which of the following are programs for permanent economic immigration?
A
Federal Skilled Trades Class; Federal Skilled Worker Class; Canadian Experience Class; Quebec Skilled Workers; Provincial Nominee Class; Start-Up Visa Program; Self-Employed Persons Class
2
Q
True or False: The Francophone Immigration Strategy aims at encouraging economic immigration to Quebec?
A
False: The Francophone Immigration Strategy seeks to strengthen the settlement, resettlement and integration of French-speaking newcomers and to foster sustainable connections between these newcomers and Francophone communities outside Quebec.
3
Q
According to the annual report to Parliament, the economic class remains the primary source of permanent resident newcomers to Canada. In 2018, which of the following classes comprised the most admissions?
A
FSW: Federal high skilled (over 40%), provincial nominees (33%) and Quebec skilled workers (13%).
4
Q
According to the annual report to Parliament, in 2018, which type of inadmissibility had the most Temporary Resident Permits and Extensions issued?
A
Criminality
5
Q
In 2018, which of the following was among the top five occupations invited through the Express Entry system? C
A
Admin Assistant
6
Q
True or False: The Welcoming Francophone Communities Initiative is a project aimed to recruit more high skilled French-speaking workers from around the world.
A
False: The Welcoming Francophone Communities Initiative, a community-based 3-year pilot project, aims to support targeted communities by allowing them to create an environment in which French-speaking newcomers will feel welcome and integrate into Francophone minority communities.
7
Q
True or False: The Government of Canada has been committed to using GBA+ in the development of policies, programs, and legislation since 1995. GBA+ helps Canada understand the skill gaps between immigrants from different parts of the world.
A
False: GBA+ is used to better understand how persons with different identities, backgrounds and experiences may be affected by Immigration, Refugee and Citizenship Canada (IRCC) policies and programs. In 2018, IRCC applied GBA+ to its programs and policies to assess the different immigration needs and challenges of diverse population groups. Through this report, IRCC highlights its work in 2018 to identify and address barriers caused by gender and intersectional gaps impacting individuals such as survivors of gender-based persecution in conflict zones and members of LGBTQ2 communities, and to improve settlement services for newcomers—including women—that account for their backgrounds and migration experiences.
8
Q
According to the annual report to Parliament, as of the 2016 Census from Statistics Canada, one in every____ people is an immigrant.
A
5
9
Q
Which of the following permanent economic immigration programs are administered using the online Express Entry system?
A
Canadian Experience Class; Federal Skilled Worker Class; Federal Skilled Trades Program; Provincial Nominee Program
10
Q
Which of the following economic class programs are established by the Immigration and Refugee Protection Regulations? (Atlantic Immigration Pilot / Canadian Experience Class / Quebec Skilled Worker Class / Manitoba Business Investor Stream)
A
CEC, Quebec Skilled Worker Class
11
Q
The IRPA enables the Minister of Immigration, Refugees and Citizenship to create new permanent economic classes for a limited time period. The mechanism for this is called:
A
Ministerial instructions
12
Q
What criterion defines the economic class?
A
Ability to become economically established in Canada.
13
Q
True or False: As proof of sufficient settlement funds, a principal applicant under the Economic Class must show a minimum of $20,000 CAD that is transferable, available, and unencumbered. A letter from their financial institutions can serve as proof.
A
False: The amount needed depends on the class under which the application is made and the size of the applicant’s family.
14
Q
The point system for applicants to the Federal Skilled Worker Class in the Immigration and Refugee Protection Regulations awards points for which of the following factors?
A
Age, Education, Language, Work Experience, Arranged Employment, Adaptability
15
Q
What provision of the Immigration and Refugee Protection Regulations establishes the requirements for obtaining a permanent resident visa?
A
Section 70 of IRPR
16
Q
Pursuant to sections 20(1)(a) and 21(1) of the IRPA, a successful applicant under the Federal Skilled Worker Class becomes a permanent resident of Canada starting:
A
once they are admitted at a port of entry.
17
Q
When does foreign national becomes a permanent resident?
A
When they present themselves for entry at a port of entry and are admitted as a permanent resident.
18
Q
The standard for assessing language proficiency as part of applications within the economic class is called:
A
Canadian Language Benchmarks (CLB)
19
Q
A Canadian educational credential must come from a program of study or training at an educational or training institution recognized by federal Canadian authorities.
A
False: The institution must be recognized by provincial authorities. See the definition of “Canadian education credential” in IRPR, s 73.
20
Q
The Governor in Council has the authority to establish minimum language proficiency thresholds under s 74(1) of the Immigration and Refugee Protection Regulations.
A
False: Minister of Immigration, Refugees and Citizenship
21
Q
A client made an application to the Federal Skilled Worker Class on September 1, 2020. As part of their application, they submitted their foreign education credential plus an equivalency assessment, which was dated June 1, 2016. Does this assessment meet the requirements of the Regulations?
A
Yes. The report must be less than 5 years old, which is satisfied here. See IRPR, s 75(2)(e)(ii).
22
Q
In Bano v. Canada (Citizenship and Immigration), the visa officer’s decision was unreasonable because they provided incorrect reasons for finding the applicant’s language skill was level 3 on the ESDC scheme, which is not sufficient for a retail salesperson or sales clerk.
A
False: The visa officer’s decision was unreasonable because it failed to justify their departure from the presumption created by Saskatchewan’s nomination that the applicant possessed the ability to become economically established in Canada.
23
Q
In Bano v. Canada (Citizenship and Immigration), why did the court conclude the Officer’s reasons demonstrated arbitrariness?
A
The Officer asserted that there is a significant difference between CLB 6 and CLB 7, and the principal applicant’s CLB 6 score was insufficient, but did not indicate why they imposed the higher threshold.
24
Q
Your client received their results from their International English Language Testing System (IELTS) language test on June 10, 2018. They created an Express Entry profile on June 30, 2018 but did not receive an invitation to apply within the next year. They created a new profile on August 30, 2019, which they updated on April 15, 2020 upon completing their bachelor’s degree. They then received an invitation to apply under the Federal Skilled Worker Class on May 15, 2020. It is now June 15, 2020.
A
No. The language test results submitted with an application under the Federal Skilled Worker Class must be no more than two years old: IRPR, s 75(2)(d).
25
Deaf applicants cannot fulfill the testing requirement for listening skills. For that reason they cannot apply under the Economic Class.
False: Under the Public policy concerning economic class permanent residence applicants and Express Entry candidates whose language proficiency cannot be tested in all four language skill areas due to a physical or mental disability (1 January 2015) -- which has been assigned to you and for which you are responsible --, the applicant would be able to count the average of their scores for the language skill areas for which they were able to be tested as a “notionalized” score for the remaining skill area.
26
Which of the following occupations does not require professional accreditation for making the education credential assessment report? (programmer; medical physician; medical nurse; pharmacist)
Programmer
27
According to the Bano v. Canada (Citizenship and Immigration), 2020 FC 568 decision, if a federal visa officer wishes to refuse an application for a permanent resident visa based on their judgment that the applicant under a provincial nominee program fails to meet a language standard, what must the officer do?
To refuse the application, they must explain, in light of the available evidence, how an applicant fails to meet the language standard. In doing so, they may consider factors other than those considered by provincial officials.
28
Your client, a citizen of Mexico seeking to immigrate to Saskatchewan as a provincial nominee via Express Entry, has been unable to obtain their police certificate from the Fiscalía General de la República (FGR), the Mexican authorities who issue such letters.
If your client made the request at the earliest opportunity and can submit documentation showing the efforts they made to obtain a police certificate, the IRCC may accept such documentation instead of a police certificate.
29
True or false: the mens rea, or subjective mental element of the applicant is not a relevant consideration for assessing whether they misrepresented in their application.
True, section 40 of the IRPA covers both intentional and unintentional misrepresentation – it does not matter whether the applicant intended to misrepresent in their applicant.
30
Four years ago, your client applied for a permanent resident visa under the Federal Skilled Worker class. Their application was rejected by a visa officer who determined that, notwithstanding having received a score of 68, she was unlikely to become economically established in Canada. Since then, she has completed an additional university degree and improved her language scores. She enters a new online Express Entry profile and receives an invitation to apply.
True or false: In your client's previous application, she had submitted her fingerprints and a photograph. She therefore does not have to submit her biometrics a second time.
False: Under IRPA, s 10.01 and IRPR, s 12.1(a), all applications for permanent residence must be accompanied by biometrics.
31
As part of the medical examination conducted by an approved panel physician, the related medical forms (IMM 1017E and IMM 5419E) of this examination are sent to:
A regional office of IRCC (Based on the examination, the physician will send related forms (IMM 1017E and IMM 5419E) and results to the appropriate regional office of Immigration, Refugees and Citizenship Canada. An IRCC medical officer will review the file for the “immigration medical assessment.” The results of this assessment are uploaded to the Global Case Management System (GCMS).)
32
Your client is a 26-year-old Chinese citizen. She has spent majority of her life in China, but was on an extended business-related stay in Japan for 8 months in 2019. She also took a 2-month vacation to Bali at the end of 2018. During grade 10 high school (when she was 15), she went on an exchange in Singapore for a year.
For which of these countries will she be required to produce a police certificate?
China, Japan
33
Which of the following counts as “health services” for the purposes of inadmissibility on health grounds under the Immigration and Refugee Protection Act? (Government-funded home care, The services of government-funded physicians, The services of government-funded psychotherapists)
The definition of “health services” is found in subsection 1(1) of the Immigration and Refugee Protection Regulations, or IRPR. That definition states “health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians …"]
34
To respond to a procedural fairness letter indicating concerns of inadmissibility based on medical grounds, which of the following can be included as supporting document(s):
A “Declaration of Ability and Intent” in which the applicant affirms that they will assume responsibility for arranging required social services and will not hold government authorities responsible for associated costs; An individualized mitigation plan; A request for an exemption from inadmissibility on humanitarian and compassionate grounds under IRPA, s 25. (B and C often can be submitted together to ensure no excessive demand will be imposed on Canadian social services. D can be requested for an exemption from inadmissibility).
35
Your client is a citizen of the United States applying for permanent residence as a Federal Skilled Worker. Her police certificate shows she was convicted of drunk driving in the state of Michigan in the United States eight years ago. She did not get into an accident or injure herself or any other person. She received a fine of $2,000.
Assume that your client’s conviction corresponds to the offence of “operation while impaired” under paragraph 320.14(1)(a) of the Criminal Code and that it was her first and only offence. Under the IRPA, is she liable to be found inadmissible on the grounds of
Criminality and Serious Criminality (Yes. Your client’s offence is indictable, so it also falls under IRPA, s 36(2)(b). However, in general inadmissibility is sought under the more serious heading.)
36
Your client receives a procedural fairness letter indicating that there is a concern that the admission of her daughter will likely cause excessive demand on health services because she has cardiofaciocutaneous, a genetic disorder leading to severe developmental problems.
In responding to this letter, some steps that you may take include:
Making an Access to Information Request to obtain the complete file on your client; Preparing an individualized mitigation plan and a Declaration of Ability and Intent to demonstrate that your client will not place excessive demand on health and social services in Canada; Disputing the medical diagnosis based on a report by a non-panel physician.
37
Which of the following foreign nationals must submit to medical examinations:
The principal applicant; A non-accompanying spouse of a principal applicant; The principal applicant’s 22-year-old biological son, who has always been dependent and lived with the principal applicant because he is unable to financially support himself due to quadriplegia.
38
True or False: A foreign national cannot be found inadmissible for an unintentional misrepresentation?
False: Section 40 of the IRPA covers both intentional and unintentional misrepresentation.
39
The requirements for obtaining police certificates are set out expressly in the IRPA.
False: False. Unlike for medical certificates, the requirements for obtaining police certificates are not set out expressly in the legislation.
40
Which of the following is/are true about the collection of biometrics?
Biometrics are collected in part to ensure the identity of the person coming into Canada is the same as the person who was granted the permanent resident visa.
41
Your client is a citizen of New Zealand applying for permanent residence as a Federal Skilled Worker. His police certificate shows he was convicted of driving while impaired from marijuana. He did not get into an accident or injure anyone. He received a fine of $1,000.
Assume that your client’s conviction corresponds to the offence of “operation while impaired” under paragraph 320.14(1)(a) of the Criminal Code and that it was his first and only offence. Under the IRPA, is he liable to be found inadmissible on either of the following grounds?
Criminality and serious criminality: To answer this question, you need to locate the sentencing provision for the offence described in paragraph 320.14(1)(a). It is found in section 320.19 of the Code. We see there that despite it being a first offence, your client would have been liable to imprisonment for not more than 10 years. Therefore, she falls under the terms of IRPA, s 36(1)(b) --> Serious
Yes. Your client’s offence is indictable, so it also falls under IRPA, s 36(2)(b) --> Criminality. However, in general inadmissibility is sought under the more serious heading.
42
What does "NOC" stand for?
National Occupational Classification
43
NOC can be used for which of the following: Collection of labour market information; Analysis of occupational data; Making career decisions
ALL
44
A NOC unit group code is composed of how many digits?
4
45
For all occupations, the first digit of a NOC code represents:
Broad occupational category
46
For non-management occupations, the second digit of a NOC code represents:
Skill Level
47
How many broad occupational categories are included in the NOC?
10
48
How many occupational groups are described in the NOC?
500
49
How many skill levels appear in the NOC?
4
50
Who is responsible for the production of the NOC?
Government of Canada
51
What do skill levels represent in the NOC? Nature of education; Nature of training; Responsibilities and work experience
ALL
52
What is the main purpose of the NOC? Provides a standardized language for describing the work of Canadians; Provides a standardized language for describing industries in Canada.
ONLY standardized language for describing the work of Canadians
53
Which of the following does a NOC code that starts with a "0" represent?
An occupation associated with the management broad occupational category
54
Which of the following represents a major group ?
The first two digits of a NOC code
55
How many major groups are in the NOC 2016?
40
56
What information does a minor group provide? (The skill level of an occupation; The broad occupational category of an occupation; the occupational domain of an occupation)
ALL (A minor group is represented by the first three digits of a NOC code. Except for management occupations, the first digit of the code represents the broad occupational category and the second digit represents the skill level. The first three digits altogether (thus the minor group) provide information about the occupational domain.)
57
Why are unit groups not all listed consecutively within a minor group?
Because of structural changes which affected the list of unit groups found under a minor group
58
What does a unit group represent? (One or more occupation(s); An occupational domain; The level of education generally required to work in an occupation; The type of work and/or the field of study associated with an occupation)
One or more occupation(s) (A unit group can represent a single occupation (such as “3113 – Dentists”) or combine several occupations together (such as “3125 – Other professional occupations in health diagnosing and treating”). A key determinant, albeit not the only one, in determining whether or not a unit group must encompass one or several occupations is the number of workers in the occupation(s) of interest.)
59
Which of the following NOC codes is associated with the lowest skill level in the current version of the NOC? 9483; 6622; 2311; 2147
The skill level is represented by the second digit of the code, which, in the National Occupational Classification, can be a value ranging between 0 and 7. The higher the value of the second digit is, the lower the skill level associated with the code is.
60
How many major groups are classified under the broad occupational category 0 (Management)?
4
61
Where can you find information about the duties of an occupation?
In the occupational descriptions of a NOC unit group
62
The occupational description of a NOC unit group contains which of the following elements?
Lead statement;
Example titles;
Employment requirements
ALL
63
What do the example titles of a unit group represent?
The job titles commonly found within a given unit group;
A list of job titles associated with the main occupation found within a given unit group;
The job titles associated with the highest average wage within a given unit group
The job titles commonly found within a given unit group
64
What do statements in italic at the end of the main duties section of the occupational description of a NOC unit group mean?
It identifies the most important main duty of the associated occupation(s);
It identifies a main duty that is shared between all occupations of a unit group;
It identifies a specialization that may exist within the associated occupation(s);
It identifies a newly added main duty to the associated occupation(s)
It identifies a specialization that may exist within the associated occupation(s)
65
What is not described in the employment requirements section of the occupational description of a NOC unit group?
Specific training required, including apprenticeship, on-the-job, or internal training;
Qualities related to personal suitability that may have an impact on employability;
Other requirements not dependent on formal education, such as athletic abilities, artistic talent, or presentation of a portfolio
Qualities related to personal suitability that may have an impact on employability
66
In the employment requirements section of the occupational description of a NOC unit group, what does “Is usually required” mean?
It represents a qualification that is generally expressed as required by a majority of employers, but is not always mandatory
67
What is the type of information that can be found in the additional information section of the occupational description of a NOC unit group?
Job mobility patterns;
Progression to supervisory positions, specializations, or to other occupations such as management;
Other information that may clarify the occupational description
ALL
68
What does the lead statement of the occupational description of a NOC unit group represent?
The main activities of occupation within the unit group;
The kinds of industries or establishments in which the occupations are found;
A general description of the content and boundaries of the unit group
ALL
69
Which of the following statements is false?
Apprentices are coded in the same unit group as qualified workers;
Articling students are coded in their respective professional groups;
All employers use the NOC to create job descriptions;
Minor group refers to the first three digits of a NOC code
All employers use the NOC to create job descriptions
70
Where do borderline job titles belonging to the NOC unit group appear in the unit group description?
Example titles;
Inclusions;
Exclusions;
Wrong answer Index of titles
Inclusions (they also appear in the index of titles, which is not a section associated with the occupational description.)
71
What is listed under the exclusions section of the occupational description of a NOC unit group?
Similar groups or related occupations that are classified elsewhere in the NOC;
Similar groups or related occupations that are not classified in the NOC
Similar groups or related occupations that are classified elsewhere in the NOC (The exclusions section helps to clarify the boundaries of the unit group by identifying similar groups or related occupations, such as supervisory groups, that are classified separately in the NOC.)
72
How are military occupations identified in the NOC?
In the Commissioned and Non-commissioned officers of the Canadian Armed Forces unit groups (Military titles are included in the NOC. They appear in one of the two unit groups unique to the armed forces and are sometimes indicated by the modifier "- military" after the job title.)
73
True or False - In Kumar, Gagné J held that the Applicant had supplementary duties, which overlapped with the duties of a cook. However, she found this overlap was not enough to find that the Applicant held sufficient duties to be considered a cook.
True. Although there was some overlap between the duties of a cook the applicant’s responsibilities, “[t]angential performance of one or more functions under one or more job categories does not convert the job or the functions from one NOC category to another.” See paragraph 25 of the decision.
74
From Potla, which of the following was not held by Norris J to be a requirement of procedural fairness in permanent residence applications under the Canadian Experience Class program?
a) An applicant has the onus of providing sufficient evidence to support a positive decision on the application.
b) The degree of procedural fairness owed to an applicant under the CEC program is at the low end of the spectrum.
c) A decision maker must notify an applicant of deficiencies in the application or supporting documentation.
d) There is no obligation on a decision maker to provide an applicant with an opportunity to address any concerns that supporting documents are incomplete, unclear or insufficient.
c) A decision maker must notify an applicant of deficiencies in the application or supporting documentation.
75
Which of the following is not a statement of principle set out by Gagné ACJ in Kumar?
a) Courts will review a visa officer’s assessment of job experience on a standard of reasonableness.
b) Whether an applicant has performed a substantial number of the main duties for an occupation is a matter entirely governed by the Immigration and Refugee Protection Regulations, with no discretion left to the visa officer.
c) The real question for a visa officer assessing the skilled work experience requirement is to determine the pith and substance of the work performed.
d) The onus is on an applicant’s employer to prove that they have performed a substantial number of the main duties for the listed occupation.
b) Whether an applicant has performed a substantial number of the main duties for an occupation is a matter entirely governed by the Immigration and Refugee Protection Regulations, with no discretion left to the visa officer.
76
Your client is a “baker”. Her employer describes her work as:
“Erin has been working at “Maxim Cakeshop” since February 2018. She is responsible for:
Preparing frostings at the beginning of each day to ensure sufficient stock for daily quota;
Maintaining excellent relationships with return customers.”
True or False - the employer’s description meets the requirement in paragraph 75(2)(b) of the Immigration and Refugee Protection Regulations, or IRPR, for applications to the Federal Skilled Worker class?
False. Paragraph 75(2)(b) requires that an applicant demonstrate that they have performed the actions described in the lead statement for an occupation. Here, there is no indication that the client performed the following actions described in the lead statement: “prepare bread, rolls, muffins, pies, pastries, cakes and cookies in retail and wholesale bakeries and dining establishments.” See NOC unit code 6332 – Bakers.
77
Your client is a “secondary school teacher.” Her employer described her work this way: “For the past three years, Doris N’Gongo has taught mathematics to classes in grades 9 to 11.”
True or False - the employer’s description meets the requirement in paragraph 75(2)(b) of the Immigration and Refugee Protection Regulations, or IRPR, for applications to the Federal Skilled Worker class?
True: See the lead statement for NOC Code 4031 – Secondary school teachers: “Secondary school teachers prepare and teach academic, technical, vocational or specialized subjects at public and private secondary schools. Secondary school teachers who are heads of departments are included in this unit group.”
78
What grounds did the officer give for rejecting Ms. Potla’s application for permanent residence?
a) That Ms Potla had not satisfied the officer that she had performed the actions described in the lead statement for the occupation she had identified, nor that she had performed a substantial number of the main duties listed for that occupation.
b) That Ms Potla’s husband, Jampani Sravan Kumar, was inadmissible because he was likely to cause excessive demand on health and social services in Canada. Ms Potla’s proposed mitigation plan was insufficient to address the officer’s concerns.
c) That Ms Potla did not meet the language requirements for the Canadian experience class. Although Ms Potla’s future occupation is classified as corresponding to Skill Level B, thereby requiring that she achieve a minimum Canadian Language Benchmark (CLB) score of 6 for all language skill areas, she only achieved CLB in reading and writing.
d) That Ms Potla's application was incomplete. Her file did not contain the biometrics necessary for all permanent resident applications.
a) That Ms Potla had not satisfied the officer that she had performed the actions described in the lead statement for the occupation she had identified, nor that she had performed a substantial number of the main duties listed for that occupation.
79
True or False: Applicants must get a foreign credential assessment in order to receive points for their education outside Canada.
True
80
True or False: Express Entry is a tool employers can use to find talent outside of Canada in their employee recruitment processes.
True
81
True or False: Immigration, Refugees and Citizenship aims to process applications submitted following an invitation to apply in 12 months.
False: 6 months
82
Potential applicants can use the “Come to Canada” online tool to check their eligibility for Express Entry pool. This tool requires which of the following:
a) A language test result at an approved testing agency
b) The skill type of the applicant’s work experience
c) An education credential assessment
d) A photograph of the person interested in coming to Canada
A and B
83
True or False: Foreign nationals may take a language test after filling out their online profile for Express Entry and submit the results as part of their application for permanent residence once they have been invited to apply.
False
84
Under which economic-class category were the most invitations issued in 2019?
Federal Skilled Worker Class
85
True or False: While the original justification for the Comprehensive Ranking System (CRS) was the need to focus on human capital, the CRS now privileges candidates with job offers.
False
86
Which of the following is a limitation of the Express Entry system, according to Daniel Hiebert?
a) Express Entry fails to assess theoretical (credentials) as opposed to real skills (competence).
b) Express Entry favoured entrepreneurs early on, but later could not attract sufficient entrepreneurs.
c) Express Entry admits too many low-skilled workers.
d) Express Entry fails to adequately evaluate the labour-market potential of accompanying spouses or common-law partners.
D
87
For the years covered in the Express Entry Year-End Report 2019, which CRS score range had the largest number of applicants?
a) 650-699
b) 350-399
c) 450-499
d) 400-449
B
88
Which of the following was among the rationale for introducing the Express Entry system in 2015?
a) To speed up the processing of applications
b) To reunite families
c) To give opportunities to applicants facing poverty in their country of nationality
d) To increase the number of economic immigrants with French-language proficiency
A
89
What was the most common country of citizenship among individuals who received an invitation to apply in 2019?
India
90
From 2017 to 2019, which age group received the most invitations?
20-29
91
In 2018-2019, which was the most common province of intended residence indicated by individuals applying after receiving an invitation to apply?
Ontario
92
Which of the following are problems that the Express Entry system was designed to address?
a) A system that had grown so complex that it required streamlining.
b) A backlog in applications to immigrate to Canada under an economic-class program.
c) A system that had become too decentralized, requiring the federal government to assert control.
d) An inflexible system that could not respond to developing labour-market needs because it had to process applications on a first-come, first-served basis.
e) A situation in which new arrivals to Canada were having increasing difficulty finding work.
B, D, E
93
What was the most common country of residence for foreign nationals who received an invitation to apply in 2019?
Canada
94
What was the average processing time for applications submitted in response to an invitation to apply in 2019?
8
95
Which of the following were initial concerns regarding the Express Entry system in its early life cycle that were subsequently addressed?
a) The number of individuals with an applicant was too low to meet Canada’s targets for economic immigration.
b) Not many prospective applicants met the threshold of more than 800 points for receiving invitation to apply.
c) Too few applicants had the human capital to become economically established in Canada.
d) There were not enough people submitting expressions of interest.
A and B
96
Eligible? Client 1:
A client practicing a skilled trade who scores 6 under the Canadian Language Benchmarks (CLB) for speaking and listening English, and 3 for reading and writing.
No: A foreign national applying to the Federal Skilled Trades must score at least a CLB 4 for reading and writing.
97
Eligible? Client 2:
A client in a management position gets CLB 7 for reading, writing, and listening and CLB 6 for speaking.
No: A client in a management position would have to score at least CLB 7 in all language skill areas, under either the Canadian Experience Class or the Federal Skilled Worker Class.
98
Eligible? Client 3:
A client who has no job offer but who has one-year of full-time experience in a technical job in Canada and who achieved CLB 6 on for all language skill areas.
Eligible.
The client meets the criteria for the Canadian Experience Class.
99
True or False: The criteria set out in Ministerial Instructions created under the authority provided in subsection 10.3(1) may not be more exigent than requirements set out elsewhere in the IRPA or its regulations.
False: See IRPA, s 10.3(5)
100
True or False: The Express Entry system can deem a foreign national ineligible for the pool based on a determination that the information provided by the foreign national in their expression of interest is not credible.
False: 5(2) of the Ministerial Instructions.
101
Which of the following pieces of information cannot be shared by the Minister of Immigration, Refugees and Citizenship with the provinces for the purpose of selecting a foreign national for the provincial nominee class?
Their surname.
The economic class for which they qualify.
Their criminal record.
Their highest level of education.
Their criminal record. See subsection 7(1)
102
True or False: If a foreign national has a first university degree, a master’s degree, and a doctoral degree, they may receive points for each degree.
False: See subsection 11(2) of the Instructions, only the highest level of education obtained.
103
True or False: Division 0.1 of the IRPA in principle permits the Minister of Immigration, Refugees and Citizenship to expand Express Entry for the processing of applications under the family class.
False: See IRPA, s 10.1(2): (2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).
104
True or False: Your client received an invitation to apply on March 5, 2020. They submit their application for permanent residence on June 5. They have submitted their application in time.
False: They were required to submit their application by the 90th day following the day after they received their invitation. June 5, 2020 is 92 days after March 5, 2020.
105
How many points would a foreign national receive for 4 years of work experience in Canada as a correctional service officer?
Zero: Correctional service officers are a skill level C occupation and therefore the work experience cannot lead to points: see Instructions, s 15(3)(a).
106
True or False: Your client worked two full-time jobs during the past year. Can she count that as 2 years’ work experience?
False: See Instructions, s 15(6): For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.
107
"Arranged employment” under subsection 82(1) of the IRPR?
Your client, a pharmacist, receives two part-time job offers under which he would work for Druggers Shop Mart from Monday to Wednesday and for Allrex on Thursday to Saturday. Together, he would work for both employers for 30 hours a week.
Not “arranged employment”.
The full-time offer must be from a single employer.
108
Arranged Employment?
Your client, a landscape designer, receives a job offer for full-time employment from March to November of each year.
Not “arranged employment”.
The employment must be for continuous employment of at least one year. This employment would be considered seasonal.
109
Arranged Employment?
Your client receives a job offer to be a calèche driver (a calèche is a horse-drawn carriage) in Old Montreal for a full-year. The job will be full time. There is no concern about previous non-compliance by the employer, Calèches Montréal Ltd.
Not “arranged employment”.
Calèche driver is an occupation listed as requiring Skill Level C in the NOC (see unit code 6531).
110
Are the following factors used to assess whether a job offer will have a neutral or positive effect on the labour market in Canada?
Whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of the foreign national’s country of nationality or habitual residence, pursuant to an international agreement.
No.
This factor is not a listed in subsection 203(3) of the IRPR, "Factors — effect on labour market"
111
Are the following factors used to assess whether a job offer will have a neutral or positive effect on the labour market in Canada?
Whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.
Yes.
This factor is listed in paragraph 203(3)(f) of the IRPR.
112
Are the following factors used to assess whether a job offer will have a neutral or positive effect on the labour market in Canada?
Whether the employment of the foreign national will or is likely to result in direct job creation or job retention for Canadian citizens.
No.
Paragraph 203(3)(a) considers direct job creation or job retention for Canadian citizens and permanent residents.
113
Are the following factors used to assess whether a job offer will have a neutral or positive effect on the labour market in Canada?
Whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation in that place of work and whether the working conditions meet generally accepted Western standards.
No.
Paragraph 203(3)(d) refers to a requirement that wages be consistent with the prevailing wage rate for the occupation more generally (not just in one place of work) and with conditions that meet generally accepted Canadian standards.
114
Do the following count as “qualifying job offers” under paragraph 29(2)(b) of the Instructions?
Your client has received a job offer to work on a permanent, full-time basis as a master baker for the American Embassy in Ottawa.
No.
Paragraph 29(2)(b) states that an offer of employment cannot come from an embassy.
115
Do the following count as “qualifying job offers” under paragraph 29(2)(b) of the Instructions?
Your client has received a job offer to work as an electrician on three construction sites for projects by three different developers for a total of 1 year. In each case, she will be working for the same contractor.
Yes.
Paragraph 29(2)(b) states that an offer of employment can come from up to two employers. Here, although there are three sites, the client will be working for one employer.
116
Do the following count as “qualifying job offers” under paragraph 29(2)(b) of the Instructions?
Your client received an offer to serve as a millwright forewoman to supervise a team in the manufacture of bearings at the Mabott Casting, Welding & Fabrication plant, with a commitment to keep them in the position for at least 1 year.
Yes.
The employment is from one employer and for one-year, and the position is a Skill Level B occupation in Major Group 73.
117
True or False - In Singh v Canada (Minister of Citizenship and Immigration), 2017 FC 266, as part of the duty of procedural fairness, the Officer was required to request the Applicant an offer of employment to show continuous full-time work in Canada.
False: The duty of procedural fairness owed by the Officer does not require him/her to request that the Applicant provide an offer of employment that met the necessary criteria showing continuous, full-time work.
118
Which, if any, of the following are accurate statements of principle from the decision in Singh v. Canada (Immigration, Refugees and Citizenship), 2017 FC 266?
a) The requirement to provide a letter of offer to confirm arranged employment for someone applying to the Federal Skilled Worker Program via Express Entry rests on non-binding policy, not legislation.
b) Decision-makers must show in their reasons that they have considered every piece of submitted evidence.
c) The legislative basis for requiring a letter offering employment to establish arranged employment for someone applying to the Federal Skilled Worker Program via Express Entry is section 11.2 of the IRPA and section 82 of the IRPR.
d) Applicants have a legitimate expectation that an officer will bring any missing documents to their attention before rejecting an application for being incomplete.
C: The legislative basis for requiring a letter offering employment to establish arranged employment for someone applying to the Federal Skilled Worker Program via Express Entry is section 11.2 of the IRPA and section 82 of the IRPR.
119
Which of the following is/are reasons why the Officer was found to have acted unreasonably in denying the application at issue in Singh v Canada (Minister of Citizenship and Immigration), 2017 FC 132?
a) The Officer assessed the evidence using the standard of balance of probabilities, which is more stringent to the standard of reasonable belief that he ought to have used.
b) The Applicant provided the documents the Officer had requested, which carried indicia of reliability and required careful consideration by the Officer.
c) The Officer’s concern about the applicant’s concurrent studies and employment was addressed by records showing the applicant was expected to work and study at the same time.
d) The Officer failed to engage with the evidence before him.
b) The Applicant provided the documents the Officer had requested, which carried indicia of reliability and required careful consideration by the Officer.
c) The Officer’s concern about the applicant’s concurrent studies and employment was addressed by records showing the applicant was expected to work and study at the same time.
d) The Officer failed to engage with the evidence before him.
120
Which of the following is/are reasons why the Court found the officer did not breach procedural fairness in Agbai v Canada (Citizenship and Immigration), 2019 FC 886?
a) The duty of procedural fairness owed by visa officers is on the low end of the spectrum.
b) There is no obligation on a visa officer to provide an applicant with an opportunity to address concerns regarding supporting documents that are incomplete, unclear or insufficient.
c) The applicant had the opportunity to update her valid medical and police clearances.
d) The officer reviewed the application within the prescribed period for assessment.
a) The duty of procedural fairness owed by visa officers is on the low end of the spectrum.
b) There is no obligation on a visa officer to provide an applicant with an opportunity to address concerns regarding supporting documents that are incomplete, unclear or insufficient.
121
Please answer the following question, basing your reading of the Federal Court’s decision in Agbai v. Canada (Citizenship and Immigration), 2019 FC 886, as well as the relevant provisions of the Immigration Refugee Protection Act, the Immigration and Refugee Protection Regulations, and the Ministerial Instructions respecting the Express Entry system – current:
Your client submitted an online profile to the Express Entry system on January 4, 2020. On May 10, 2020, she received an invitation to apply. She submitted her complete application for permanent residence on June 25, 2020.
She received 380 points under the Comprehensive Ranking System. The lowest score for which invitations were issued in her round was 360.
When she submitted her online profile, your client included the results of language tests in English as her first official language, and French as her second official language. For English, she received Canada Language Benchmark (CLB) level 9 for all language skill areas based on a test dated August 1, 2018.
For French, based on a test dated June 20, 2018, she received level 9 for all language skill areas under the Niveaux de compétence linguistique canadiens.
True or False - the visa officer may issue your client a permanent resident visa?
False.
IRPA, s 11.2(1) states that an officer “may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation ... if ... at the time the officer received their application[,] the foreign national ... did not have the qualifications on the basis of which they were ranked ... and were issued the invitation.”
Agbai affirms that the reference to “the time the officer received their application” refers to the application for permanent residence, not the submission of her online profile or expression of interest: see Agbai, para 25.
Under this provision, the client will no longer receive points for her second official language because her French-language test was more than 2 year’s old at the time of her application: MIEE, s 12(3). She would have received 24 points for her French scores: MIEE, s 14(1)(a)(iv) or (b)(iv). That means her new score would be 356, which is lower than the cut-off score of 360.
122
True or False - In Singh v Canada (Minister of Citizenship and Immigration), 2017 FC 266, the Court held it was reasonable for the Officer to rely on policy reasons to deny the application because there was no forward-looking offer of employment for continuous, full-time work.
False
123
Which, if any, of the following are accurate statements of principle from the decision in Singh v. Canada (Immigration, Refugees and Citizenship), 2017 FC 132?
a) An officer may not rely on information from previous temporary resident visa applications to reject an application for a permanent resident visa.
b) If an applicant provides facially probative and corroborative evidence in response to a procedural fairness letter, an officer must demonstrate in their reasons that they have engaged with that evidence for their decision to be reasonable.
c) An officer cannot draw adverse inferences regarding credibility based on documentary evidence alone.
d) Section 11.2 of the IRPA is unconstitutional, and therefore cannot be used to reject an application.
b) If an applicant provides facially probative and corroborative evidence in response to a procedural fairness letter, an officer must demonstrate in their reasons that they have engaged with that evidence for their decision to be reasonable.
124
In your exploration of this topic, you were instructed to read the Gugliotti case. Which of the following statements best encapsulates the principal holding in that case?
a) While a visa officer may ask for additional verification of financial statements, this additional request must be authorized by a ministerial instruction.
b) The immigration officer improperly fettered her discretion by imposing a requirement (a verification letter from a financial institution) that is not found in the Immigration and Refugee Protection Act.
c) It is reasonable to base a decision on a policy requiring additional verification by a financial institution of an applicant’s available funds. No specific regulatory authorization of this requirement is necessary.
d) Settlement funds may not include amounts invested in mutual funds.
c) It is reasonable to base a decision on a policy requiring additional verification by a financial institution of an applicant’s available funds. No specific regulatory authorization of this requirement is necessary. (Refer to Gugliotti v. Canada (Citizenship and Immigration), 2017 FC 71 at pp. 37-41)
125
Your client, Li Hui Chen, has an offer to come to Canada to work as a benefits officer, specifically working in payroll administration. He has also worked as a benefits officer for the past 10 years in China. He has $5,000 in settlement funds. The position will be full-time and will last at least one year. Can Mr. Chen apply through the Federal Skilled Worker Class?
No. Benefits officer – payroll administration (NOC 1432) is a skill level C occupation. Mr Chen does not have any experience in an occupation classified as skill level B or above.
126
Joan has been invited to apply for permanent residence under the Federal Skilled Worker Class. She has arranged employment to work in Toronto as a mathematician under new work permit that has been the subject of a positive Labour Market Impact Assessment, or LMIA. She is married, with a child (12 years old) from a previous marriage. Her husband, Paul, has three children (ages 14, 16, and 20), also from a previous marriage. Pauls’ ex-wife, Ann, lives in Toronto, where Joan and Paul are planning to live. Ann is now married to Gemma. Together, Ann and Gemma have adopted two children (ages 4 and 6). Gemma has a daughter from a previous marriage who is 24 and who has always relied on her financially and continues to do so. Gemma cannot get a job because she is a recovering drug addict.
What amount of settlement funds must Joan prove she has available to her?
None. Joan need not prove she has any settlement funds, since she has arranged employment. Under paragraph 76(1)(b) of the IRPR, she need only show she has sufficient settlement funds if she has not received arranged employment under either IRPR, ss 82(2)(a), (b) or (d). The arranged employment described in this case seems to fall under IRPR, s 82(2)(d).
127
Eren is a citizen of Japan. He has been invited to apply for permanent residence under the Federal Skilled Trades Class. He is married to Mikasa, a citizen of the United Kingdom. They have a 4-year-old daughter together. Mikasa also has a 9-year-old son from her previous marriage.
Eren’s ex-partner, Armin, is now married to Alice, who is a Canadian citizen. Armin and Alice just had a newborn baby girl.
Eren can provide a letter showing that he has $25,487 in available, unencumbered and transferable funds. Is that enough for his application to be accepted?
Yes. Since there is no mention of arranged employment, Eren must show he has half the minimum necessary income necessary to support himself and his family members (IRPR, s 76(1)(b)(i)). His family members include his spouse and their dependent children (IRPR, s 1(3)), but not Armin, Alice or their new baby. Therefore, Eren must show he has half the minimum necessary income to support 4 people (himself, Mikasa, and their two children). According to the table provided by IRCC, that means he needs $24,083 in settlement funds (as of September 21, 2020).
128
Jean is a citizen of France. He has been invited to apply for permanent residence under the Federal Skilled Worker Class. He is married to Saul, a citizen of the United Kingdom. Jean has a biological daughter (Audrey, 8 years old) from a previous marriage. Saul has a biological son (Mack, aged 12) also from a previous marriage.
Saul’s ex-wife, Anita, is a Canadian citizen and lives in Montreal, although Jean and Saul are planning to live in Edmonton. Anita is now married to Herbert, also a Canadian citizen. Anita and Herbert have no children together, but Herbert has a 28-year-old biological daughter, Barbara, from a previous marriage. Barbara is a Canadian citizen, but she lives and works in New York City with her boyfriend; they are both highly successful lawyers.
Jean can provide a letter showing that he has $23,921 in unencumbered funds. Does he have sufficient settlement funds for his application to be accepted?
No Since there is no mention of arranged employment, Jean must show he has 1/2 the minimum necessary income necessary to support his family members (IRPR, s 76(1)(b)(i)). His family members include himself and his spouse and their dependent children (IRPR, s 1(3)). Here that means that he must show he has 1/2 the minimum necessary income to support 4 people (himself, Saul, and their two biological children). According to the table provided by IRCC, that means he needs $24,083 in settlement funds (as of September 21, 2020). This answer may change in subsequent years, since the low-income cut-offs are recalculated each year by Statistics Canada.
129
Marco has been working in Guelph, Ontario for 2 years as a barber. He is a French citizen and wants to become a permanent resident and move to Montreal. He thinks he can transition smoothly given his fluency in French. He asks you if he can apply under the Canadian Experience Class given his plans. What do you answer?
No. It is a requirement of the Canadian Experience Class that you do not intend to reside in Quebec.
130
True or false: The Court in Gugliotti v Canada (Minister of Citizenship and Immigration), 2017 FC 71, held that when a visa officer is requesting more supporting documents from the Applicant, they must obtain regulatory approval before asking for further and better verification.
False. A visa officer does not need regulatory approval before asking for further verification. The authority to demand more evidence, assuming it is reasonably exercised, flows directly from officers' duty to weigh and assess the evidence before them.
131
Your client is a Mexican citizen who has been working in Canada for his employer since December 15, 2019 as a civil engineer under a work permit for which an LMIA was not required because the position is covered by the USMCA. He has received a job offer to continue in the position with the same employer. It is now January 15, 2021. If he files his application now, can he receive points for arranged employment?
Yes Under paragraph 82(2)(b) of the IRPR, an applicant must have accumulated at least 1 year of continuous, full-time employment from the employer who has made them an offer in order to receive points for arranged employment. This client has just passed the 1-year mark.
132
Your client is an American citizen who has been working in Canada for her employer since September 1, 2019 as a consumer advisor under a LMIA-backed work permit.
She wants to apply for permanent residence and her employer is willing to extend her a job offer of continuous, full-time employment. She will be under probation on an initial contract for 9 months, after which contract will be renewed on an indeterminate basis.
It is now August 15, 2020. If she files her application now, is she likely to receive points for arranged employment?
No Because her contract must be renewed after 9 months, the job offer will likely not be construed as an offer for 1-year's continuous, full-time employment.
133
One year ago, your client, who has just turned 18 years old, came to Canada for a 4-week exchange program at a local high school, during which she also followed a short intensive program at a nearby university. This program was designed to attract high school students to study at Canadian universities.
Is she entitled to points for adaptability?
No
This scenario is not covered by any of the possibilities under IRPR, s 83. The closest fit, paragraph 83(1)(b), requires at least 2 academic years in Canada.
134
Your client is an American citizen who has been working in Canada for his employer since September 1, 2019 of last year as an engineer under a work permit for which an LMIA was not required because the position is covered by the USMCA. He has received a job offer to continue in the position with the same employer. It is now August 15, 2020. If he files his application now, can he receive points for arranged employment?
No Under paragraph 82(2)(b) of the IRPR, an applicant must have accumulated at least 1 year of continuous, full-time employment from the employer who has made them an offer in order to receive points for arranged employment.
135
Your client’s common-law partner’s older sister is a permanent resident of Canada living in Winnipeg.
Is your client entitled to points for adaptability?
Yes They are likely entitled to 5 points under paragraph 83(1)(d).
136
Your client’s former stepson, the child of his ex-wife, lives in Whitehorse. Is your client likely to be awarded points for adaptability?
No “Child” is not defined in the IRPR, however “dependant child” is defined in terms of either biological or adopted children. The former stepson does not fall into either category.
137
Five years ago, your client, Yiyun Li, finished a 3-year program at George Brown College’s culinary arts program. She is now applying from China for permanent residence under the Federal Skilled Worker Class.
Is she entitled to points for adaptability?
Yes She is likely entitled to 5 points under IRPR, s 83(1)(b).
138
Your client, Orisa Robertson is a British citizen who has been working in Canada for her employer since September 12, 2020 as a nanotech scientist under a LMIA-backed work permit. She wants to apply for permanent residence and her employer is willing to extend her a job offer of continuous, full-time employment of at least 1 year. It is now June 30, 2021. If she files her application now, can she receive points for arranged employment?
Yes Because her work permit was based on a positive LMIA, there is no requirement that she have worked for her employer for 1 year. She can receive points for arranged employment under paragraph 82(2)(a).
139
Your client is an Armenian citizen who has been working in Canada for his employer since September 1, 2019 as a biomedical researcher under a work permit for which an LMIA was not required because his job creates economic benefits for Canadians. He wants to apply for permanent residence but change employers. If he secures an offer from someone else, can he get points for arranged employment?
No This is the scenario described in paragraph 82(2)(d) of the IRPR. However, to get points for arranged employment under 82(2)(d), his original work permit cannot have been LMIA-exempt because his position would create significant benefits for Canadians (see IRPR, s 205(a)).
140
Paolo wants to come to Canada as a permanent resident to live in Trois-Rivières. He asks you if he can apply to do so under the Federal Skilled Worker Class. What do you answer?
No: No. It is a requirement of the Federal Skilled Worker Class that you do not intend to reside in Quebec.
141
In your exploration of this topic, you were instructed to read the Gugliotti case. Which of the following statements best encapsulates the principal holding in that case?
a) While a visa officer may ask for additional verification of financial statements, this additional request must be authorized by a ministerial instruction.
b) The immigration officer improperly fettered her discretion by imposing a requirement (a verification letter from a financial institution) that is not found in the Immigration and Refugee Protection Act.
c) It is reasonable to base a decision on a policy requiring additional verification by a financial institution of an applicant’s available funds. No specific regulatory authorization of this requirement is necessary.
d) Settlement funds may not include amounts invested in mutual funds.
C: Refer to Gugliotti v. Canada (Citizenship and Immigration), 2017 FC 71 at pp. 37-41
142
Tyson has been invited to apply for permanent residence under the Federal Skilled Worker Class. He has arranged employment as a mechanical engineer at the Toronto Transmit Commission. He has received a positive Labour Market Impact Assessment. Ayson recently married Irina, and they are expecting a baby in three months. Irina also has custody of her 8-year-old daughter from a previous marriage. Irina pays monthly child support to her 6-year-old son, who is under legal custody with her ex-husband, Berto.
What amount of settlement funds must Ayson prove he has available to him?
None. Ayson need not prove he has any settlement funds, since he has arranged employment. Under paragraph 76(1)(b) of the IRPR, he need only show he has sufficient settlement funds if he has not received arranged employment under either of ss 82(2)(a), (b) or (d) of the IRPR.
143
True or false: The Court in Gugliotti v Canada (Minister of Citizenship and Immigration), 2017 FC 71, held that when a visa officer is requesting more supporting documents from the Applicant, they must obtain regulatory approval before asking for further and better verification.
False. A visa officer does not need regulatory approval before asking for further verification. The authority to demand more evidence, assuming it is reasonably exercised, flows directly from officers' duty to weigh and assess the evidence before them.
144
Your client, Hyun Bin, has an offer to come to Canada to work as a financial auditor to work for Deloitte. The position will be full-time and will last at least one year. He has just graduated from his program. Prior to returning to school, he worked as a benefits officer—pay roll administrator for 6 of the past 10 years in South Korea. He was a big spender, so he only saved $7,000 in settlement funds. Can Hyun Bin apply through the Federal Skilled Worker Class?
No. Financial auditor (NOC 1111) is skill level A, but he does not have 1 year of experience in that occupation in the past 10 years, as required by IRPR, s 75(2)(a). In any event, benefits officer is a Skill Level C occupation.]
145
Your client, Vincenzia Pomadora, is an Italian citizen who has been working in Canada for her employer since February 1, 2020 as an actuary under a LMIA-backed work permit.
She wants to apply for permanent residence and her employer has extended a job offer of continuous, full-time employment. She will be under probation on an initial contract for 6 months, after which the contract will be renewed on an indeterminate basis.
It is now July 15, 2020. If she files her application now, is she likely to receive points for arranged employment?
No Because her contract must be renewed after 6 months, the job offer will likely not be construed as an offer for 1-year's continuous, full-time employment.
146
20 years ago, your client studied architecture for three years at McGill University. She left without completing her degree and never returned to her architecture studies.
She is now applying from Argentina for permanent residence under the Federal Skilled Worker Class. Is she entitled to points for adaptability?
Yes She is likely entitled to 5 points under paragraph 83(1)(b). However, to be sure we need to know if she pursued her studies full-time and whether she remained in "good academic standing as defined by the institution.”
147
Your client, Yibo Wang, is a Chinese citizen who has been working in Canada for his employer since August 15, 2019 as a pharmacology researcher with Apotex Inc.
His work permit did not require an LMIA because his job creates economic benefits for Canadians. He has recently left Apotex for Teva Pharmaceuticals, which offered him a better position with higher pay.
He wants to apply for permanent residence, can he get points for arranged employment?
No: He cannot switch employer, and his original work permit cannot be significant benefits
148
Your client’s common law partner wrote the IELTS and has CLB 7 for all language skill areas.
Can your client claim adaptability points based on these test scores?
Yes The client is entitled to 5 points as their common law partner scored higher than CLB 4 for each of the four language skill areas. See IRPR, s 83(1)(a).
149
Your client’s spouse wrote the Test d’évaluation de français pour le Canada and obtained the following scores: 130 for reading, 226 for writing, 145 for listening and 120 for speaking.
Can your client claim adaptability points based on these test scores?
No The 120 score for speaking is below the required threshold of benchmark level 4 under the Niveaux de compétence linguistique canadiens.
150
Five years ago, your client, Yiyun Li, finished a 3-year program at George Brown College’s culinary arts program. She is now applying from China for permanent residence under the Federal Skilled Worker Class.
Is she entitled to points for adaptability?
Yes She is likely entitled to 5 points under IRPR, s 83(1)(b).
151
Seven years ago, your client worked (a citizen of Argentina) in Canada for two weeks as a youth volunteer during the Pope’s visit to Toronto.
Is he entitled to points for adaptability?
No This scenario is not covered by any of the possibilities under IRPR, s 83.
152
Your client is an Armenian citizen who has been working in Canada for his employer since September 1, 2019 as a biomedical researcher under a work permit for which an LMIA was not required because his job creates economic benefits for Canadians. He wants to apply for permanent residence but change employers. If he secures an offer from someone else, can he get points for arranged employment?
No This is the scenario described in paragraph 82(2)(d) of the IRPR. However, to get points for arranged employment under 82(2)(d), his original work permit cannot have been LMIA-exempt because his position would create significant benefits for Canadians (see IRPR, s 205(a)).
153
Your client is an American citizen who has been working in Canada for her employer since September 1, 2019 as a consumer advisor under a LMIA-backed work permit. She wants to apply for permanent residence and her employer is willing to extend her a job offer of continuous, full-time employment of at least one year. It is now August 15, 2020. If she files her application now, can she receive points for arranged employment?
Yes Because her work permit was based on a positive LMIA, there is no requirement that he have worked for her employer for one year. Therefore, she can receive points for arranged employment under paragraph 82(2)(a).
154
Your client is a Mexican citizen who has been working in Canada for his employer since December 15, 2019 as a civil engineer under a work permit for which an LMIA was not required because the position is covered by the USMCA. He has received a job offer to continue in the position with the same employer. It is now January 15, 2021. If he files his application now, can he receive points for arranged employment?
Yes Under paragraph 82(2)(b) of the IRPR, an applicant must have accumulated at least 1 year of continuous, full-time employment from the employer who has made them an offer in order to receive points for arranged employment. This client has just passed the 1-year mark.
