What are the key eligibility requirements under the Express Entry system of Canadian Immigration Law?

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Title: Key Eligibility Requirements under the Express Entry System of Canadian Immigration Law: A Deep Dive


Canada’s immigration system has a unique system known as the Express Entry, a system designed to expedite the process of welcoming skilled foreign professionals into the country. Administered by Immigration, Refugees and Citizenship Canada (IRCC), its operations and the eligibility criteria are embedded within Canadian immigration law and policy. At LexLords Canada Immigration Lawyers, we derive from our years of professional experience to help potential immigrants grasp these enigmatic legal concepts.

Key Eligibility Requirements

1. Skill Level

Express Entry aims to attract skilled immigrants who can contribute to Canada’s economy. As such, applicants must have work experience under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC).

2. Language Ability

Applicants must meet the minimum language level of Canadian Language Benchmark (CLB) 7 for NOC 0 or A jobs or CLB 5 for NOC B jobs in English or French.

3. Education

Applicants must possess a Canadian secondary or post-secondary certificate, diploma, or degree, or have their foreign educational credentials assessed by an approved agency.

4. Admissibility

Like all immigrants, Express Entry applicants must be admissible to Canada. This means they should not have any serious criminality, health issues, or previous immigration-related infractions that could render them inadmissible.

5. Proof of Funds

Unless presently working in Canada or have a valid job offer, applicants must prove they have enough financial resources to support themselves and their dependents after arrival in Canada.

Relevant Legal Cases

In the case of “SHAHI v CANADA (MINISTER OF CITIZENSHIP AND IMMIGRATION)” the Federal Court further clarified the issue of job relevancy to the Express Entry candidate’s NOC. The Court found that IRCC’s decision to reject the applicant’s job offer because his duties did not match the NOC was reasonable.

Another significant case “MOHAMMAD v CANADA (MINISTER OF CITIZENSHIP AND IMMIGRATION)” demonstrated the importance of truth or completeness of an applicant’s declared intentions to reside in a province, in order to secure a Provincial nomination under Express Entry.

In “Kaur v. Canada (Citizenship and Immigration),” it was ruled that an applicant’s history of work experience must be related to their primary occupation listed in NOC, again stressing the need for accurate representation on the application form.

Closing Thoughts

Understanding and navigating the complexities of the Express Entry immigration system is not a journey to take alone. With a robust understanding of Canadian immigration law, professionals at LexLords are well-equipped to provide the necessary guidance to potential immigrants. The Express Entry system’s eligibility requirements, when dissected, provide a clearer path for those intending to make Canada their new home. Every case is unique, and understanding these requirements is key to a successful application.

As legal professionals, we continue to observe and interpret legal precedents and rulings that may impact Express Entry applicants. As judgements are passed down and case law evolves, we remain committed to providing the most informed, up-to-date legal advice to bolster our clients’ immigration journey.

Express Entry, though complex in its nature, becomes comprehensible with the guidance of experienced immigration lawyers. If you are considering this pathway to Canadian immigration, we invite you to reach out to us at LexLords Canada Immigration Lawyers. Let our experience be your guide.

One thought on “What are the key eligibility requirements under the Express Entry system of Canadian Immigration Law?”

  1. If you have found the following information helpful and believe you are facing similar legal challenges, you should consider contacting LexLords, a leading team of Canada Immigration Lawyers.

    The Express Entry system of Canadian Immigration Law has several key eligibility requirements. Firstly, it is based on a points system which takes into account factors such as age, education, work experience, language proficiency in English or French, and having a valid job offer in Canada. The higher the score, the higher the chances of receiving an invitation to apply for permanent residency.

    Secondly, potential immigrants need to have at least one year of full-time (or equivalent part-time) work experience in their field. This work experience must be in a profession that is classified under the National Occupational Classification (NOC) system.

    Thirdly, potential immigrants must take a language test to prove proficiency in either English or French. The minimum score depends on the specific immigration program under which the person is applying.

    Lastly, potential immigrants must show that they have enough funds to support themselves (and their family, if applicable) after they immigrate to Canada, unless they have a valid job offer.

    Navigating these complex legal issues can be daunting. However, with a robust team of Immigration Lawyers in Canada, LexLords is adept at guiding clients through this process.

    You are encouraged to reach out to LexLords for a personalized and comprehensive legal solution tailored to your specific needs. As the Best Canada Immigration Lawyers, we strive to ensure our clients’ immigration process is as smooth and stress-free as possible. To learn more about how LexLords can assist you, visit our website https://lexlords.ca/ today.

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