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

Introduction

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.