New rules in 2008

Canadian Experience Class set to launch

CIC has announced that it intends to implement the Canadian Experience Class (CEC) this summer which will, no doubt, put a big dent in our antiquated Federal Skilled Workers Class (FSWC).

For years, Canada has been selecting its skilled workers through a point system designed to assess a foreigner’s ability to become successfully established here. Accordingly, foreigners are awarded points for their age, language skills, education, work experience, the existence of any relatives in Canada, etc. Those who score 67 points are expected to succeed in Canada and are therefore accepted.

The system is entirely speculative since we don’t really know whether successful candidates will actually find work here since many have never attempted, or been allowed, to visit Canada. Once here, many of these professionals simply can’t find appropriate work in their field.

In sharp contrast, Canadian universities and colleges are attracting foreign students who pay full fare to get an education here and to get a one-year post-graduate work permit. What do we do with them then? We send them packing notwithstanding their proven employability here.

Similarly, some foreign workers who are established here, albeit temporarily, can’t seem to score 67 points under the FSWC which should theoretically pass them.

The current system favours a person from abroad whose employability is speculative over a person who is already working and paying taxes here. This makes no sense whatsoever.

The CEC is an exciting innovation which may soon change all of that.

The Feds initially promised to deliver “25,000 Canadian-educated foreign students and skilled workers” in this category, however, only 10,000-12,000 are now being promised in 2008.

CIC confirmed that “wait times for Federal Skilled Workers will likely increase at some overseas missions” with the implementation of the CEC.

A recently-obtained draft CIC discussion paper proposes that:

• all applicants must have legally come to Canada to work or study and must have valid temporary status, but not necessarily be employed, at the time of their CEC application; they must take a language test, and must have moderate proficiency in French or English;
• all applicants will be given priority processing in Buffalo (somewhere behind PNP and Quebec cases) but may be landed within Canada;
• recent graduates must have a Canadian post-secondary credential which requires at least two years of study while foreign workers need a secondary school diploma, a trade certificate or apprenticeship;
• recent graduates need one year of full-time Canadian work experience in the two years prior to the CEC application while foreign workers need two in the past three; and
• experience must be in an occupation designated as NOC 0, A, or B (i.e. management, professional, or skilled and technical occupations).

These criteria are encouraging but are not final and should not yet be treated as such.

Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by the Law Society of Upper Canada as an immigration specialist. Reach him confidentially at 416-862-0000 or at