Proposed FSW Regulations - Canada Gazette
Aug 18th 2012, 5:48 am
#1
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Proposed FSW Regulations - Canada Gazette
Hi
The proposed FSW regulations for discussion have been posted in the Canada Gazette: http://gazette.gc.ca/rp-pr/p1/2012/2.../reg2-eng.html
Highlights or low lights
1. Language Maximum of 24 points for first language, 4 for 2nd language.
2. NOC A, B or O must in skilled work must meet CLB level 7
3. New Category of skilled trades
4. Age 12 points 18-35, decreasing by 1 point after age of 35.
5. Work Experience: 15 points 1 yr = 9, 2/3yrs=11, 4/5 yrs = 13 6+ yrs = 15
6. Education: 25 PHD 25, Master 23, 2 or more Post Secondary, 1 has to be 3 years 22, 3+ Year degree, 21, 2yr Post Secondary 19 , 1 Yr PS 15, Secondary 5
7. Arranged employment 10
8. Adaptability
Adaptability:10
PA Previous Work in Canada (min. 1 yr at NOC 0, A, B) 10
Or a combination of…Previous study in Canada — PA 5
Previous Work in Canada PA or spouse/partner 5
Previous study in Canada — accompanying spouse/partner 5
Relative in Canada 5
Arranged Employment 5
Accompanying spouse/partner’s official language (CLB/NCLC 4) 5
Pass mark 67
b) New dedicated skilled trades class
The new FSTC would be open to skilled tradespersons with experience in the following NOC B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; as well as Chefs and Cooks, and Bakers and Butchers.
Applicants to the proposed program would be required to meet four minimum requirements:
A qualifying offer of employment from up to two employers in Canada of at least one year duration (see footnote 14) or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant’s abilities in the requisite skill areas meet the threshold set by the Minister in all four language abilities (speaking, reading, writing, oral comprehension);
Twenty-four months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade in the last five years; and
Qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements, which are difficult to obtain outside Canada.
The requirement to have a job offer for one year is in recognition of the project-based and seasonal nature of many trade occupations. Allowing up to two employers to commit to employing the applicant for at least one year of continuous full-time employment is intended to allow flexibility for the employers, while ensuring that the applicant is gainfully employed for the first year after arrival. This work experience could assist the applicant in meeting certification requirements, if required, and would provide him/her with important Canadian work experience, which is key to economic success.
Modification to the Canadian Experience Class
The proposal would also simplify the CEC to facilitate the transition to permanent resident status of temporary foreign skilled workers who have demonstrated that they can be employed in Canada, and to better align the CEC with other economic immigration programs that require less work experience (e.g. provincial nominee programs). (see footnote 16)
The Canadian work experience requirement would be reduced from 24 months to 12 in the preceding 36 months, to allow faster transition for those who have already proven their employability in Canada’s labour market. Accumulating 12 months of authorized work within the preceding 36 is more flexible for applicants working in Canada under international agreements (e.g. International Experience Canada). Only applicants with NOC 0, A or B work experience would continue to qualify for the CEC.
The CEC regulations currently allow applicants to compensate for a lower level in one language ability with a higher level in another, resulting in a process that is complicated and confusing for both applicants and visa officers. In researching the introduction of language thresholds to the FSWC, CIC’s panel of language experts and designated third-party language testing agencies strongly recommended applying the threshold across all four abilities (reading, writing, oral comprehension and speaking). Accordingly, it is proposed that a minimum language threshold would be required in each of the four abilities for applicants to the CEC. As with the FSWC, the proposed Regulations would grant the Minister the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7, which corresponds to having “adequate intermediate proficiency” in speaking, oral comprehension, reading and writing for NOC 0 and A applicants and CLB/NCLC 5, or “initial intermediate” proficiency in each ability for NOC B applicants.
The proposed FSW regulations for discussion have been posted in the Canada Gazette: http://gazette.gc.ca/rp-pr/p1/2012/2.../reg2-eng.html
Highlights or low lights
1. Language Maximum of 24 points for first language, 4 for 2nd language.
2. NOC A, B or O must in skilled work must meet CLB level 7
3. New Category of skilled trades
4. Age 12 points 18-35, decreasing by 1 point after age of 35.
5. Work Experience: 15 points 1 yr = 9, 2/3yrs=11, 4/5 yrs = 13 6+ yrs = 15
6. Education: 25 PHD 25, Master 23, 2 or more Post Secondary, 1 has to be 3 years 22, 3+ Year degree, 21, 2yr Post Secondary 19 , 1 Yr PS 15, Secondary 5
7. Arranged employment 10
8. Adaptability
Adaptability:10
PA Previous Work in Canada (min. 1 yr at NOC 0, A, B) 10
Or a combination of…Previous study in Canada — PA 5
Previous Work in Canada PA or spouse/partner 5
Previous study in Canada — accompanying spouse/partner 5
Relative in Canada 5
Arranged Employment 5
Accompanying spouse/partner’s official language (CLB/NCLC 4) 5
Pass mark 67
b) New dedicated skilled trades class
The new FSTC would be open to skilled tradespersons with experience in the following NOC B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; as well as Chefs and Cooks, and Bakers and Butchers.
Applicants to the proposed program would be required to meet four minimum requirements:
A qualifying offer of employment from up to two employers in Canada of at least one year duration (see footnote 14) or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant’s abilities in the requisite skill areas meet the threshold set by the Minister in all four language abilities (speaking, reading, writing, oral comprehension);
Twenty-four months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade in the last five years; and
Qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements, which are difficult to obtain outside Canada.
The requirement to have a job offer for one year is in recognition of the project-based and seasonal nature of many trade occupations. Allowing up to two employers to commit to employing the applicant for at least one year of continuous full-time employment is intended to allow flexibility for the employers, while ensuring that the applicant is gainfully employed for the first year after arrival. This work experience could assist the applicant in meeting certification requirements, if required, and would provide him/her with important Canadian work experience, which is key to economic success.
Modification to the Canadian Experience Class
The proposal would also simplify the CEC to facilitate the transition to permanent resident status of temporary foreign skilled workers who have demonstrated that they can be employed in Canada, and to better align the CEC with other economic immigration programs that require less work experience (e.g. provincial nominee programs). (see footnote 16)
The Canadian work experience requirement would be reduced from 24 months to 12 in the preceding 36 months, to allow faster transition for those who have already proven their employability in Canada’s labour market. Accumulating 12 months of authorized work within the preceding 36 is more flexible for applicants working in Canada under international agreements (e.g. International Experience Canada). Only applicants with NOC 0, A or B work experience would continue to qualify for the CEC.
The CEC regulations currently allow applicants to compensate for a lower level in one language ability with a higher level in another, resulting in a process that is complicated and confusing for both applicants and visa officers. In researching the introduction of language thresholds to the FSWC, CIC’s panel of language experts and designated third-party language testing agencies strongly recommended applying the threshold across all four abilities (reading, writing, oral comprehension and speaking). Accordingly, it is proposed that a minimum language threshold would be required in each of the four abilities for applicants to the CEC. As with the FSWC, the proposed Regulations would grant the Minister the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7, which corresponds to having “adequate intermediate proficiency” in speaking, oral comprehension, reading and writing for NOC 0 and A applicants and CLB/NCLC 5, or “initial intermediate” proficiency in each ability for NOC B applicants.
Last edited by PMM; Aug 18th 2012 at 5:51 am.
Aug 18th 2012, 5:55 am
#2
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Joined: Jan 2012
Location: Vancouver
Posts: 180
Re: Proposed FSW Regulations - Canada Gazette
You just beat me to it, was about to post link to CIC press release: http://www.cic.gc.ca/english/departm...2012-08-17.asp
I wonder how many people who were thinking of applying again in January may not be able to anymore under the new rules, and vice versa.
I wonder how many people who were thinking of applying again in January may not be able to anymore under the new rules, and vice versa.
Last edited by nerdherd; Aug 18th 2012 at 6:09 am.
Aug 18th 2012, 7:20 am
#3
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Re: Proposed FSW Regulations - Canada Gazette
How many hoops to jump through
Aug 18th 2012, 7:24 am
#4
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Re: Proposed FSW Regulations - Canada Gazette
When do these come into affect
Aug 18th 2012, 7:35 am
#5
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Joined: Jan 2012
Location: Vancouver
Posts: 180
Re: Proposed FSW Regulations - Canada Gazette
From CIC website:
'Final publication is scheduled for late 2012 and the new FSWP points grid will likely take effect in January 2013. While there is currently a pause on new applications (except for FSWP candidates with a qualifying offer of arranged employment or those applying under the PhD stream), CIC expects to begin accepting applications again early next year.'
'Final publication is scheduled for late 2012 and the new FSWP points grid will likely take effect in January 2013. While there is currently a pause on new applications (except for FSWP candidates with a qualifying offer of arranged employment or those applying under the PhD stream), CIC expects to begin accepting applications again early next year.'
Aug 18th 2012, 9:23 am
#6
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Joined: Jul 2012
Location: Abernethy, Perthshire, Scotland
Posts: 68
Re: Proposed FSW Regulations - Canada Gazette
Ooh, interesting. My OH has a PhD and 15 years experience in his field. I also have a Masters and am fluent in French (was a languages teacher, degree in French). Having said that, I doubt very much we would move without a job to go to. Boo to the points off for over 35 - we're both 39.
Aug 18th 2012, 11:38 am
#7
Rockies bound hopefully
Joined: Apr 2010
Location: Essex
Posts: 44
Re: Proposed FSW Regulations - Canada Gazette
Hi
The proposed FSW regulations for discussion have been posted in the Canada Gazette: http://gazette.gc.ca/rp-pr/p1/2012/2.../reg2-eng.html
Highlights or low lights
1. Language Maximum of 24 points for first language, 4 for 2nd language.
2. NOC A, B or O must in skilled work must meet CLB level 7
3. New Category of skilled trades
4. Age 12 points 18-35, decreasing by 1 point after age of 35.
5. Work Experience: 15 points 1 yr = 9, 2/3yrs=11, 4/5 yrs = 13 6+ yrs = 15
6. Education: 25 PHD 25, Master 23, 2 or more Post Secondary, 1 has to be 3 years 22, 3+ Year degree, 21, 2yr Post Secondary 19 , 1 Yr PS 15, Secondary 5
7. Arranged employment 10
8. Adaptability
Adaptability:10
PA Previous Work in Canada (min. 1 yr at NOC 0, A, B) 10
Or a combination of…Previous study in Canada — PA 5
Previous Work in Canada PA or spouse/partner 5
Previous study in Canada — accompanying spouse/partner 5
Relative in Canada 5
Arranged Employment 5
Accompanying spouse/partner’s official language (CLB/NCLC 4) 5
Pass mark 67
b) New dedicated skilled trades class
The new FSTC would be open to skilled tradespersons with experience in the following NOC B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; as well as Chefs and Cooks, and Bakers and Butchers.
Applicants to the proposed program would be required to meet four minimum requirements:
A qualifying offer of employment from up to two employers in Canada of at least one year duration (see footnote 14) or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant’s abilities in the requisite skill areas meet the threshold set by the Minister in all four language abilities (speaking, reading, writing, oral comprehension);
Twenty-four months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade in the last five years; and
Qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements, which are difficult to obtain outside Canada.
The requirement to have a job offer for one year is in recognition of the project-based and seasonal nature of many trade occupations. Allowing up to two employers to commit to employing the applicant for at least one year of continuous full-time employment is intended to allow flexibility for the employers, while ensuring that the applicant is gainfully employed for the first year after arrival. This work experience could assist the applicant in meeting certification requirements, if required, and would provide him/her with important Canadian work experience, which is key to economic success.
Modification to the Canadian Experience Class
The proposal would also simplify the CEC to facilitate the transition to permanent resident status of temporary foreign skilled workers who have demonstrated that they can be employed in Canada, and to better align the CEC with other economic immigration programs that require less work experience (e.g. provincial nominee programs). (see footnote 16)
The Canadian work experience requirement would be reduced from 24 months to 12 in the preceding 36 months, to allow faster transition for those who have already proven their employability in Canada’s labour market. Accumulating 12 months of authorized work within the preceding 36 is more flexible for applicants working in Canada under international agreements (e.g. International Experience Canada). Only applicants with NOC 0, A or B work experience would continue to qualify for the CEC.
The CEC regulations currently allow applicants to compensate for a lower level in one language ability with a higher level in another, resulting in a process that is complicated and confusing for both applicants and visa officers. In researching the introduction of language thresholds to the FSWC, CIC’s panel of language experts and designated third-party language testing agencies strongly recommended applying the threshold across all four abilities (reading, writing, oral comprehension and speaking). Accordingly, it is proposed that a minimum language threshold would be required in each of the four abilities for applicants to the CEC. As with the FSWC, the proposed Regulations would grant the Minister the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7, which corresponds to having “adequate intermediate proficiency” in speaking, oral comprehension, reading and writing for NOC 0 and A applicants and CLB/NCLC 5, or “initial intermediate” proficiency in each ability for NOC B applicants.
The proposed FSW regulations for discussion have been posted in the Canada Gazette: http://gazette.gc.ca/rp-pr/p1/2012/2.../reg2-eng.html
Highlights or low lights
1. Language Maximum of 24 points for first language, 4 for 2nd language.
2. NOC A, B or O must in skilled work must meet CLB level 7
3. New Category of skilled trades
4. Age 12 points 18-35, decreasing by 1 point after age of 35.
5. Work Experience: 15 points 1 yr = 9, 2/3yrs=11, 4/5 yrs = 13 6+ yrs = 15
6. Education: 25 PHD 25, Master 23, 2 or more Post Secondary, 1 has to be 3 years 22, 3+ Year degree, 21, 2yr Post Secondary 19 , 1 Yr PS 15, Secondary 5
7. Arranged employment 10
8. Adaptability
Adaptability:10
PA Previous Work in Canada (min. 1 yr at NOC 0, A, B) 10
Or a combination of…Previous study in Canada — PA 5
Previous Work in Canada PA or spouse/partner 5
Previous study in Canada — accompanying spouse/partner 5
Relative in Canada 5
Arranged Employment 5
Accompanying spouse/partner’s official language (CLB/NCLC 4) 5
Pass mark 67
b) New dedicated skilled trades class
The new FSTC would be open to skilled tradespersons with experience in the following NOC B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; as well as Chefs and Cooks, and Bakers and Butchers.
Applicants to the proposed program would be required to meet four minimum requirements:
A qualifying offer of employment from up to two employers in Canada of at least one year duration (see footnote 14) or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant’s abilities in the requisite skill areas meet the threshold set by the Minister in all four language abilities (speaking, reading, writing, oral comprehension);
Twenty-four months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade in the last five years; and
Qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements, which are difficult to obtain outside Canada.
The requirement to have a job offer for one year is in recognition of the project-based and seasonal nature of many trade occupations. Allowing up to two employers to commit to employing the applicant for at least one year of continuous full-time employment is intended to allow flexibility for the employers, while ensuring that the applicant is gainfully employed for the first year after arrival. This work experience could assist the applicant in meeting certification requirements, if required, and would provide him/her with important Canadian work experience, which is key to economic success.
Modification to the Canadian Experience Class
The proposal would also simplify the CEC to facilitate the transition to permanent resident status of temporary foreign skilled workers who have demonstrated that they can be employed in Canada, and to better align the CEC with other economic immigration programs that require less work experience (e.g. provincial nominee programs). (see footnote 16)
The Canadian work experience requirement would be reduced from 24 months to 12 in the preceding 36 months, to allow faster transition for those who have already proven their employability in Canada’s labour market. Accumulating 12 months of authorized work within the preceding 36 is more flexible for applicants working in Canada under international agreements (e.g. International Experience Canada). Only applicants with NOC 0, A or B work experience would continue to qualify for the CEC.
The CEC regulations currently allow applicants to compensate for a lower level in one language ability with a higher level in another, resulting in a process that is complicated and confusing for both applicants and visa officers. In researching the introduction of language thresholds to the FSWC, CIC’s panel of language experts and designated third-party language testing agencies strongly recommended applying the threshold across all four abilities (reading, writing, oral comprehension and speaking). Accordingly, it is proposed that a minimum language threshold would be required in each of the four abilities for applicants to the CEC. As with the FSWC, the proposed Regulations would grant the Minister the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7, which corresponds to having “adequate intermediate proficiency” in speaking, oral comprehension, reading and writing for NOC 0 and A applicants and CLB/NCLC 5, or “initial intermediate” proficiency in each ability for NOC B applicants.
cheers
Hugh
Aug 18th 2012, 3:23 pm
#9
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Joined: May 2004
Posts: 9,708
Re: Proposed FSW Regulations - Canada Gazette
Hi
100% positive there will be a list. Also note that the AEO will be done away and replaced by a version of the LMO.
Also note that education credentials will be assessed by an outside agency (more costs) to find the Canadian equivalent.
100% positive there will be a list. Also note that the AEO will be done away and replaced by a version of the LMO.
Also note that education credentials will be assessed by an outside agency (more costs) to find the Canadian equivalent.
Aug 20th 2012, 6:37 am
#10
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Re: Proposed FSW Regulations - Canada Gazette
"Permanent job offers under the Arranged Employment factor, with some exceptions, would be subject to a labour market assessment, similar to that required for applicants under the Temporary Foreign Worker Class (TFWC)."
Will be interesting to know what the exceptions are.
Still, the points system is interesting though. As it stands, I would probably stand to benefit from those changes - but as I grow older... that would change.
Aug 22nd 2012, 3:57 am
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Re: Proposed FSW Regulations - Canada Gazette
Aug 22nd 2012, 1:09 pm
#12
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Re: Proposed FSW Regulations - Canada Gazette
The changes to the CEC are pretty interesting for IEC permit holders, since it'd be pretty easy to acquire 12 months of NOC 0, A or B experience within the 24 months of IEC permits. If done early enough and with a fast enough processing time it could even be done without a return to the UK/status as a visitor.
Aug 22nd 2012, 5:56 pm
#13
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Re: Proposed FSW Regulations - Canada Gazette
Hi
If the tweet from Jason Kenny is legit, it looks like I am going to have to eat my words about a "list" https://twitter.com/kenneyjason/stat...90027881947136
Jason Kenney Jason Kenney @kenneyjason
@wandesure The new Skilled Worker Program will be limited to applicants in NOCs 0, A, & B, but won't be limited to particular occupations.
Jason Kenney Jason Kenney @kenneyjason
@wandesure The new Skilled Worker Program will be limited to applicants in NOCs 0, A, & B, but won't be limited to particular occupations.
Aug 22nd 2012, 7:14 pm
#14
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Re: Proposed FSW Regulations - Canada Gazette
wow it sounds like another major overhaul of the system. I am going down the commonlaw route with my application going in over the next couple of weeks.
However, it's nice to know that I might actually be able to qualify in my own right at last. I am one of the few professionals (veterinarian) whose qualifications are transferable with very little trouble - got my licence this week in fact within a week of activating my new IEC visa.
It is odd though that they are giving extra points for PhDs - I recently obtained my PhD but I dont really see it making me more employable.
However, it's nice to know that I might actually be able to qualify in my own right at last. I am one of the few professionals (veterinarian) whose qualifications are transferable with very little trouble - got my licence this week in fact within a week of activating my new IEC visa.
It is odd though that they are giving extra points for PhDs - I recently obtained my PhD but I dont really see it making me more employable.
Aug 22nd 2012, 11:30 pm
#15
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Re: Proposed FSW Regulations - Canada Gazette
well i must admit, i did not expect FSW to exist, but with no list!? Im now wondering what the cap will be if its 10k again across all nocs then i expect they will fill up in the first week!The changes to CEC make sense really, keep those who are in and working. BUT i cant help but think the floodgates may have just opened on another backlog, i mean everyone who has been here 12 months will be rushing to get PR... I just hope they have the resources to deal with it...
