Changes in the Federal Skilled Worker Program Published.

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Henry Chang | June 25, 2010On June 26, 2010, Citizenship and Immigration Canada (“CIC”) published revised Ministerial Instructions (the “Instructions”), which affect the Federal Skilled Worker (“FSW”) Program.
Annual Cap Imposed on Certain FSW Cases
According to the Instructions, a maximum of 20,000 FSW applications filed without an offer of arranged employment will be considered for processing each year. Within the 20,000 cap, a maximum of 1,000 FSW applications per National Occupational Classification (“NOC”) code will be considered for processing each year.
In calculating the caps, the applications will be considered in order of the date that they are received. In addition, for the unique purpose of calculating the caps, the first year will begin in June 26, 2010, and end on June 30, 2011. Subsequent years will be calculated from July 1 to June 30, unless otherwise modified in a future Ministerial Instruction.
Language Proficiency Assessment Required
According to the Instructions, all FSW applications received by the Central Intake Office in Sydney, NS, on or after June 26, 2010 must be accompanied by the results of the principal applicant’s English or French language proficiency assessment. Only test results from a third party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will be accepted.
Revised Restrictions on Who May Apply under the FSW Program
On or after June 26, 2010, only the following applications will be accepted under the FSW:

1. Applications submitted with an Arranged Employment Offer (“AEO”) consistent with the requirements of Subsection 82(2) of the Immigration and Refugee Protection Regulations (“IRPR”); or
2. Applications from skilled workers with evidence of experience in the last 10 years under one or more of the following NOC codes:
   • 0631 Restaurant and Food Service Managers
   • 0811 Primary Production Managers (Except Agriculture)
   • 1122 Professional Occupations in Business Services to Management
   • 1233 Insurance Adjusters and Claims Examiners
   • 2121 Biologists and Related Scientists
   • 2151 Architects
   • 3111 Specialist Physicians
   • 3112 General Practitioners and Family Physicians
   • 3113 Dentists
   • 3131 Pharmacists
   • 3142 Physiotherapists
   • 3152 Registered Nurses
   • 3215 Medical Radiation Technologists
   • 3222 Dental Hygienists & Dental Therapists
   • 3233 Licensed Practical Nurses
   • 4151 Psychologists
   • 4152 Social Workers
   • 6241 Chefs
   • 6242 Cooks
   • 7215 Contractors and Supervisors, Carpentry Trades
   • 7216 Contractors and Supervisors, Mechanic Trades
   • 7241 Electricians (Except Industrial & Power System)
   • 7242 Industrial Electricians
   • 7251 Plumbers
   • 7265 Welders & Related Machine Operators
   • 7312 Heavy-Duty Equipment Mechanics
   • 7371 Crane Operators
   • 7372 Drillers & Blasters — Surface Mining, Quarrying & Construction
   • 8222 Supervisors, Oil and Gas Drilling and Service

No H&C Requests to Overcome Requirement of Ministerial Instructions
Requests made on the basis of Humanitarian and Compassionate grounds that accompany a FSW application not identified for processing under the Instructions will not be processed.

Working temporarily in Canada: Special categories—Information technology workers

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IMPORTANT
The simplified entry process for information technology (IT) specialists will come to an end on September 30, 2010.
Effective October 1, 2010, employers who wish to hire foreign workers previously eligible for IT facilitated processing will be required to apply for a Labour Market Opinion.
Note: for employers wanting to hire foreign workers for positions in Quebec, the facilitated process will remain in place for a limited time after September 30, 2010.


To fill critical shortages in Canada’s software industry, Canada has a simplified entry process for workers whose skills are in high demand in that industry.
Under this process, no confirmation letter from Human Resources and Social Development Canada (HRSDC) is necessary for specific jobs when hiring a foreign worker, since it will not have a negative impact on Canadian or permanent-resident job seekers and workers.
This means that if you are coming to Canada to work in one of the jobs listed below, you do not need a letter from HRSDC, and your work permit application may be processed more quickly.

Note: It is up to your employer to make sure the job you are being offered falls under one of these descriptions.

1. Senior Animation Effects Editor (NOC 9990.1)
2. Embedded Systems Software Designer (NOC 9990.2)
3. MIS Software Designer (NOC 9990.3)
4. Multimedia Software Developer (NOC 9990.4)
5. Software Developer—Services (NOC 9990.5)
6. Software Products Developer (NOC 9990.6)
7. Telecommunications Software Designer (NOC 9990.7)

 Temporary foreign workers wishing to take a position in Quebec must obtain a certificat d’acceptation du Québec (CAQ) in order to participate in this facilitated processing. Information for employers is available on the website of the Ministère de l’immigration et des Communautés culturelles (MICC).


Effective October 1, 2010, employers who wish to hire Temporary Foreign Workers previously eligible for IT facilitated processing will be required to apply for a labour market opinion and demonstrate that:

• the wage rate meets (or exceeds) the prevailing wage rate for the occupation and region;
• the working conditions are consistent with Canadian standards;
• efforts to hire Canadians or permanent residents have been made and the TFWP advertising guidelines have been followed;
• the employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
• the foreign worker will transfer new skills and knowledge to Canadians;
• the hiring of the foreign worker will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.

Please note that employers are required to conduct advertising and recruitment efforts as per TFWP guidelines before submitting a labour market opinion application and should plan sufficient time to conduct these activities.  Upon receipt of a complete labour market opinion application, the processing time, on average, takes two to three weeks.
Effective October 1, 2010, work permit applications received by Citizenship and Immigration Canada or by the Canada Border Services Agency at a port of entry, will require a copy of the labour market opinion for the seven specific IT occupations that were previously under the facilitated process.

 Source:  http://www.cic.gc.ca/english/work/special-tech.asp

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