In the IRCC’s words, Express Entry’s purpose is to “choose skilled workers based on their skills and ability to contribute to Canada’s economy”. Currently, there are 3 main programs offered by Immigration, Refugees, and Citizenship Canada (IRCC) under the Express Entry program. The Federal Skilled Worker Program (FSW), Federal Skilled Trades program (FST), and the Canadian Experience Class program (CEC). Each of these programs has their own unique set of requirements, and it is up to the IRCC to decide which category they will be drawing potential entrants from. Our highly skilled team of immigration lawyers can help you determine which of the 3 programs is most likely to lead to becoming a successful applicant.
What Is The Federal Skilled Worker Program?
The Federal Skilled Worker (FSW) program ranks individuals based on their skills, with minimum requirements for skilled work experience, language ability, and education.
The Federal Skilled Worker stream requirements are as follows:
- Work experience: at least 12 months of continuous full time (or part-time equivalent) skilled work experience in the NOC 0, A, or B job groups
- Language proficiency: a minimum of CLB 7 in all abilities (speaking, reading, writing, and listening)
- Education: a Canadian certificate, diploma, or degree from a Canadian secondary or post-secondary institution, OR an Educational Credential Assessment (ECA) from a designated organization showing that the foreign education is equivalent
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
The FSW program has their own points-based system, ranking individuals on their age, education, work experience, whether there is a valid job offer, their English and/ or French language skills, and their adaptability. The current passing mark is 67 points out of 100.
What Is The Federal Skilled Trade Program?
The Federal Skilled Trades (FST) program requires skilled trades workers to have at least 2 years of full-time work experience (or part-time equivalent) within the past 5 years of the application. The experience must be obtained after the applicant was granted their certificate to practice their trade in their country of residence. A full list of the skilled trades groups under the FST program can be found here.
The program requirements are as follows:
- Work experience: at least 2 years of full-time work experience (or part-time equivalent) in the skilled trade within the last 5 years before application
- Language proficiency: a minimum of CLB 5 in speaking and listening, and CLB 4 in reading and writing
- Education: no education requirement, but a Canadian diploma or degree, or an ECA will grant the applicant additional points
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
FST draws are separate from the regular EE draws and have much lower cut off points. The draws are infrequent and we often devise an alternative PNP based plan for individuals in the skilled trade.
What is the Canadian Experience Class program?
The Canadian Experience Class (CEC) is designed for individuals who have at least 1 year of Canadian work experience within a NOC 0, A, or B group.
The program requirements are as follows:
- Work experience: at least 1 year of skilled work experience (NOC 0, A, or B) in Canada in the last 3 years before application
- Language proficiency: a minimum of CLB 7 in all abilities for NOC 0 or A jobs, and a minimum of CLB 5 for NOC B groups
- Education: no education requirement, but a Canadian diploma or degree, or an ECA will grant the applicant additional points
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
It is important to understand and calculate your work experience accurately, as mistakes can be detrimental and result in denial or misrepresentation.
How Is Work Experience Calculated?
The IRCC calculates work experience the following ways:
- Full-time at 1 job: 30 hours/week for 12 months = 1 year full-time (1,560 hours)
- Part-time equivalent: 15 hours/week for 24 months = 1 year full-time (1,560 hours)
- You can work as many part time jobs as required
- Full-time at 1+ jobs: 30 hours/week for 12 months at more than 1 job = 1 year full-time (1,560 hours)
- Work experience in Canada is gained while under temporary resident status, and with proper work authorization
However, the following work experiences do not qualify under the CEC program:
- Experience gained while a refugee claimant;
- Experience gained while without proper work authorization;
- Experience gained while without temporary resident status in Canada;
- Experience gained while in school; and
- Experience gained under self-employment.
In our opinion, the IRCC’s view of the self-employment restriction is outdated and does not correspond to current labour market dynamics. This restriction sometimes leads to procedural fairness letters being issued during the course of the assessment of the permanent residence application, for individuals who own the companies they work for. When you hire our law firm, we address such issues preemptively and are willing to challenge any unreasonable restrictions in Federal Court, fighting for our client’s case, as well as the integrity of the system as a whole.
It is important to note that outside of the above described self-employment restriction as well as the waiver of the settlement funds requirement under CEC, receiving an ITA under either program leads to the same result – namely Canadian permanent residence.
