Search this article on Google: What are the essential requirements under Canadian immigration law for skilled workers to apply for permanent residency?
In an age of global mobility, Canada has emerged as a favourite destination for skilled workers worldwide. With its welcoming immigration policies and diverse opportunities, Canada ranks high on the list. However, the path to permanent residency (PR) can be intricate, involving many legalities and prerequisites. LexLords Canada Immigration Lawyers, with their years of experience and domain expertise, are here to decipher these complexities and enlighten you on the essential requirements under Canadian immigration law for skilled workers aiming to apply for permanent residency.
1. Express Entry Program:
The primary pathway for skilled foreign workers to obtain permanent residency in Canada is the Express Entry program, introduced in 2015. As opined by LexLords legal experts, the intricacies of this stream are enshrined in Sections 12(2) and 11(d) of the Immigration and Refugee Protection Act (IRPA). These stipulate that candidates must meet specific criteria to be eligible for invitation to apply (ITA) for PR.
2. Comprehensive Ranking System (CRS) Score:
Under the Express Entry program, applicants are ranked based on the Comprehensive Ranking System (CRS) score, which considers factors like age, education, language proficiency (in English or French), and work experience. The selection process is competitive; only high-ranking candidates are invited to apply for PR.
3. Language Proficiency:
As per Canadian immigration law referenced in section 74(d) of the Immigration and Refugee Protection Regulations (IRPR), candidates must prove their language proficiency in English or French by taking tests like IELTS or TEF.
4. Educational Credential Assessment (ECA):
Candidates are required to undergo an Educational Credential Assessment (ECA) – a process where educational qualifications are equated to Canadian standards. This is crucial as per the legal provisions outlined in section 75(2)(a) of the IRPR.
5. Work Experience:
Skilled work experience plays a significant role in application evaluation. As elaborated by the experts at LexLords, Canadian immigration law, specifically section 75(2)(b) of the IRPR, lays down clear guidelines about the type and duration of work experience required.
6. Certifiable Job Offer:
Having a valid job offer from a Canadian employer can strengthen an application and add significantly to the CRS score. However, navigability of the Labour Market Impact Assessment (LMIA) process requires adept legal guidance.
7. Provincial Nominee Program (PNP):
Another pathway to PR is via a Provincial Nominee Program (PNP), where provinces nominate individuals who meet their specific labour market needs. The intricacies of PNP selection criteria and processes also necessitate expert legal advice.
In Bellissimo v Canada  FCA 280, the court’s interpretation of section 87.3(2) of IRPA highlights the importance of procedural fairness and transparency in PR assessment. This case reiterates the need for accurate documentation and representation of applicant credentials.
Moreover, in Patel v Canada  2 FCR 32, the Federal Court established that while reviewing applications, authorities must consider humanitarian and compassionate grounds which may not be directly linked with the requirements but are crucial for a fair decision-making process.
The road to attaining PR status in Canada demands fulfilling stringent requirements as per Canadian immigration law. As seen in the landmark cases above, procedural fairness, accuracy, and transparency are paramount. Navigating these legalities requires expert counsel. LexLords Canada Immigration Lawyers, with their vast experience and deep understanding of Canadian immigration law, are adept at guiding skilled workers through this complex process towards achieving their Canadian dream.