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How To Bring Your Relatives To Canada

Canadian citizens and permanent residents can sponsor certain relatives to come to Canada and live permanently. There are requirements that you and your relatives must meet, and the application process can be complex. You can sponsor your spouse or common-law partner, dependent children, parents and grandparents, brothers, sisters, nephews, nieces, and grandchildren (only if they are orphaned and under the age of 18). To sponsor a relative, you must be at least 18 years old, a Canadian citizen or permanent resident, living in Canada, and able to provide financial support for your relative for three to five years after they arrive. Your sponsored relative must be admissible to Canada, meet all medical and criminal background check requirements, and pass a language test in English or French (unless they are exempt). You can find more information at https://www.myconsultant.ca/EN/Bringing-Your-Relatives-to-Canada-

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Bringing Your Relatives to Canada

Here are a few things to consider if you want to sponsor your parent or grandparent to live in Canada as a permanent resident via family reunification programs.

For many new immigrants to Canada the idea of moving to a new country with no friends or family can be daunting. Luckily, Canadian permanent residents and Canadian citizens are allowed to sponsor their parents and grandparents in Canada as permanent residents under the family class.

Immigration, Refugees and Citizenship Canada will be accepting 20,000 applications under the Family Class for parents and grandparents of Canadian citizens and permanent residents in 2019 and will also be discarding the current lottery system, in which potential sponsors are chosen completely at random. Under this system, those not chosen cannot sponsor their parents or grandparents and must submit an expression of interest for sponsorship again the following year.

In 2019 the system will revert to a first come, first served basis, meaning that all permanent residents and citizens will be allowed to submit an application. The government will then process them in the order received until the yearly quota has been filled. Applications that are not included in the quota will be returned to the applicant and will not be processed. Current application fees are as follows:

$1,040 CAD per applicant, which includes the sponsorship fee, government fee, and right of permanent residency fee

$85.00 CAD per applicant for biometrics, if applicable

Permanent Residency

Once an immigrant arrives in Canada on an immigrant visa, they become a permanent resident of Canada, after which they need to meet certain criteria before they can apply to sponsor their parents or grandparents for permanent residency. These minimum criteria take a minimum of three years to achieve, as the sponsor needs to prove that they have met the low-income cut-off for their family size in each of the three years preceding the date they submitted their sponsorship application; this can be proven by their Notice of Assessment from the Canada Revenue Agency. Below are the minimum incomes required based on family size for 2015, 2016, and 2017. For anyone sponsoring a parent or grandparent in 2018, they would have had to have met the minimum income requirements listed below in each of the three years.

Click Here To Read The Full Aricle: https://www.myconsultant.ca/EN/Bringing-Your-Relatives-to-Canada-

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Challenging a Positive Labour Market Impact Assessment?

Generally, a positive result is sought by Canadian employers when applying for a Labour Market Impact Assessment (LMIA).

Here’s a case where a positive LMIA was challenged. Why? What’s to learn from it? Read on.

LMIA explained

Labour Market Impact Assessment (LMIA) is a mechanism to ensure Canadian jobs are extended to Canadians and permanent residents first. In other words, LMIA is to examine if a vacant position in Canada has to be offered to a foreign national because no Canadians nor permanent residents are available for the position. An LMIA is a prerequisite for applying for a work permit by foreign workers whose work permits are issued under the Temporary Foreign Worker Program (TFWP). When employers in Canada intend to hire a foreign national through the TFWP, which means that the intended foreign worker is not eligible for work permits prescribed in sections 204 to 208 of the Immigration and Refugee Protection Regulations, SOR/2002–227 (IRPR), namely, International Mobility Program (IMP), the employers need to obtain a positive LMIA. Employers applying for an LMIA must pay a $1,000 processing fee for each foreign worker according to subsection 315. 2(1) of IRPR. Therefore, generally speaking, a positive LMIA is the outcome employers would expect when applying for an LMIA.

Employment and Social Development Canada (ESDC) is the federal department responsible for LMIA processing. ESDC officers assess LMIA following the six factors prescribed in subsection 203(1) of IRPR, including the hiring and retention of Canadian and permanent resident workers, the labour shortage, etc. Subsection 203(2.1) of IRPR requires ESDC officers to assess LMIAs based on information provided by the employer applicant and other relevant information. After a positive LMIA is issued by ESDC, the employer will provide it with the intended foreign worker for the worker to apply for a work permit, which will authorize its holder to work in Canada for the employer specified on it.

Click Here To Read Full Article

Canada ImmigrationStudy In Canada

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How to come to Canada despite inadmissibility

If you are inadmissible to Canada but have a valid reason to travel to Canada, you may be eligible for a Temporary Resident Permit.

A Temporary Resident Permit (TRP) is a document which authorizes a person to enter or remain in Canada who does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations (IRPR) or who is inadmissible either as a temporary or permanent resident. Oftentimes a TRP is confused with a Temporary Resident Visa or Visitor Visa. A Temporary Resident Visa (TRV) is an official document issued by a Canadian visa office which indicates that you have met the requirements to come to Canada, temporarily, as a student, worker or visitor; meaning you meet the requirements of the IRPR or IRPA and don’t have inadmissibility issues.

Reasons for Inadmissibility

Inadmissibility means there is a recent or past criminal conviction(s), serious criminal concerns, medical condition(s), financial concern(s), or misrepresentation that will prevent someone from entering or remaining in Canada. Examples include security reasons such as committing a crime like a DUI (driving under the influence), medical reasons that endanger public health, public safety such as unpredictable or violent behaviour, misrepresentation where an applicant provided false information or withheld information on an application which could impact a decision made under the IRPA, or having an inadmissible family member.

Oftentimes, professionals with DUIs whose occupations demand it need to enter Canada despite being inadmissible. As of 2018, most impaired driving offences are considered serious crimes in Canada, and the maximum penalty for most impaired driving offences increased from 5 to 10 years. Regardless of whether or not the crime happened inside or outside of Canada, if someone has been convicted of driving while impaired, they may be inadmissible to Canada for serious criminality.

For example, perhaps a computer programmer needs to attend the International Conference on Computer Science and Information Technology in Vancouver and a TRP may be issued for 1 week, or a skilled machinist to enter temporarily to repair highly specialized equipment that affect a company’s operations and bottom line, or an investment banker needing to land a deal in Toronto. Other considerations may be made for example to allow a criminally inadmissible person to enter Canada to attend a family event such as a funeral. A TRP may be given to someone who will bring benefit to Canada such as an athlete or famous actor/musician with prior convictions allowing them to enter Canada to perform.

Click Here To Read The Full Article

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How Do International Students Decide Where to Study?

Here’s why Canada is one of the most sought-after study destinations.

The turn of the twenty-first century saw the old boundaries of the world shrink considerably, and they continue to do so with each passing day. Technology was a crucial factor in this, since it has helped people see a broader picture of the world that exists beyond the confines of their familiar traditions and homes. Now, more than ever, young people are ready to make the bold decision to leave their country and culture behind in the hope of a cosmopolitan life.

Over the past few years, there has been a record rise in the number of students applying to study abroad. According to UNESCO, the number of international students abroad increased roughly 12% each year since 2000. This article will examine some current trends in international education and student recruitment. The results and opinions contained herein are based on an online survey conducted to determine the factors that impact a person’s choice when contemplating foreign study. The survey asked students for the top five reasons why they chose to study abroad and their motivations for studying in a given country.

Source Countries

According to the Canadian Bureau for International Education, the main source countries for international students are China, India, South Korea, France, the US, Saudi Arabia, Nigeria, Japan, and Brazil. The US and UK remain popular destinations, but students are now increasingly opting for Canada, Australia, and EU countries as well. In fact, in 2017 the US saw a 7% decline in international student enrolment, largely owing to its cumbersome and complicated visa application process and turbulent social and political environment, which can be highly detrimental to the student recruitment process.

Click Here to Read the Full Article

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How to Prepare for the IELTS Exam in 2023

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Introduction

The International English Language Testing System (IELTS) is one of the most widely recognized English language proficiency tests in the world. Whether you’re planning to study abroad, immigrate to an English-speaking country, or advance your career, a good IELTS score can open doors for you. With the year 2023 upon us, it’s crucial to stay updated on the latest strategies and resources for preparing for the IELTS exam. In this blog, we’ll guide you through effective steps to prepare for the IELTS exam and achieve your desired scores.

1. Understand the IELTS Format

The IELTS exam consists of four sections: Listening, Reading, Writing, and Speaking. Familiarizing yourself with the format and structure of each section is the first step in your preparation journey. Here’s a brief overview:

- Listening: In this section, you’ll listen to four recordings and answer questions based on what you hear.

- Reading: You’ll read three texts and answer questions to test your comprehension and analytical skills.

- Writing: There are two tasks in this section — Task 1 (Report) and Task 2 (Essay). Task 1 typically involves summarizing information from a graph or chart, while Task 2 requires you to write an essay on a given topic.

- Speaking: You’ll engage in a face-to-face interview with an examiner. This section assesses your ability to communicate effectively in spoken English.

2. Assess Your Current Level

Before diving into your preparation, it’s essential to assess your current English proficiency level. You can take a practice test or use online resources to determine your strengths and weaknesses in each of the four sections. This will help you tailor your study plan to focus on areas that need improvement.

3. Create a Study Plan

A well-structured study plan is crucial for success in the IELTS exam. Set specific goals, such as target scores for each section, and create a timeline for your preparation. Allocate sufficient time for each section based on your strengths and weaknesses.

4. Use Official IELTS Study Materials

Official IELTS study materials are your best resource for exam preparation. These materials, such as the Official Cambridge Guide to IELTS, contain authentic practice tests and valuable insights into the test format. Additionally, the British Council, IDP, and Cambridge websites offer free practice materials, including sample questions and downloadable test papers.

Also Read: Express Entry: Canada’s Application System for Permanent Residence

5. Enroll in an IELTS Preparation Course

Consider enrolling in an IELTS preparation course. These courses are offered both in-person and online and provide structured guidance, expert tips, and practice tests. Many candidates find that the structured approach of a course helps them stay motivated and on track with their studies.

6. Practice Regularly

Practice is key to improving your IELTS skills. Dedicate time daily or weekly to practice each section of the exam. Use a variety of resources, such as textbooks, online exercises, and language learning apps, to reinforce your skills.

7. Improve Your Vocabulary and Grammar

A strong vocabulary and solid grasp of English grammar are essential for success in the IELTS exam. Read English newspapers, books, and academic articles to expand your vocabulary. Practice writing essays and reports to enhance your grammar and writing skills.

8. Simulate Real Exam Conditions

To get a feel for the actual exam, simulate test conditions as closely as possible during your practice sessions. Time yourself, adhere to the word limits, and take the Speaking section seriously by practicing with a partner or recording yourself.

9. Seek Feedback

Getting feedback on your practice tests and speaking exercises is invaluable. If possible, work with a teacher, tutor, or study partner who can provide constructive feedback on your strengths and areas needing improvement.

10. Stay Calm and Confident

On the day of the exam, stay calm and confident. Remember that you’ve prepared diligently, and this is your chance to showcase your English language skills. Manage your time wisely during the test, and don’t dwell on difficult questions. Focus on giving your best performance in each section.

Also Read: The Rural and Northern Immigration Pilot (RNIP) Program

Conclusion

Preparing for the IELTS exam in 2023 requires dedication, a structured approach, and the use of reliable study materials. By following these steps and maintaining a consistent study routine, you’ll be well on your way to achieving the scores you need to achieve your academic or professional goals. Good luck with your IELTS preparation!

Explore up-to-date news on important issues, read in-depth articles explaining immigration and citizenship, and seek answers to your most pressing questions. You’ll also find a bustling community of licensed immigration consultants, who are authorized by the Government of Canada to provide advice and represent you (see the Immigration and Refugee Protection Act, College of Immigration and Citizenship Consultants Act, and Citizenship Act for more information).

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How to Live Within Your Means and Feel Good About Your Money

GENERAL•

NOV 16, 2022

Living within our paychecks isn’t an easy challenge.

Spending less money than you earn requires a thoughtful review of your finances and self-discipline. According to the Financial Consumer Agency, providing financial literacy to Canadians, minor changes in your spending habits can result in considerable savings in the long term.

The key is to find places where you spend unnecessary money and dollars that don’t add value to your life. Then, remove money waisters or replace these expenditures with activities and purchases that add value. The overall result can increase your chances of achieving long-term goals and improve your happiness.

Track your Expenditures Every day for a Month

You probably spend money in places where you don’t notice the accumulation. To trim your costs, try tracking how much money you spend daily for a month. For example, take note every time you open your wallet during the Month of November. You may have a banking app that does this for you, or you may like to use a spending journal. Special attention is often needed on daily expenditures like coffee, eating your meals out, and impulsive purchases.

Click here to read the full article 

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Permanent Immigration to Canada Programs Outlined in the 2021 Annual Report to Parliament Permanent on Immigration

GENERAL•

DEC 12, 2022

A report on permanent Immigration

The Ministry of Immigration, Refugees and Citizenship Canada’s (IRCC) report on immigration released this month  devoted ten pages to expressing the 2021 report period on Permanent Immigration Programs in Canada. Since 405,999 people called themselves Canadian citizens for the first time in 2021, and more than half, 221,919, of those were temporary residents who transitioned to permanent residents, there was much content to cover.

On administrative and policy levels, Permanent Immigration programs shifted their focus towards inviting permanent status for those already living in Canada in immediate response to ongoing COVID-19 border closures. Processing times were also shortened following COVID-19 delays, gaining movement towards the goal of achieving a 12-month service standard after the application of advanced analytics for determining eligibility, digitalizing files, and the addition of more staff proved successful, achieving a 95% approval rate.

Click here to read the full report

Or 

Visit here if you want Permanent Resident Canada

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IRCC Annual Report to Parliament Segment on Francophone Immigration Illustrates Policy Success

GENERAL•

DEC 14, 2022

Our bilingual country is made more vibrant with the inclusion of international French-speaking Immigrants.

To this end, Immigration, Refugees and Citizenship Canada (IRCC) supports immigration policy geared towards programs to attract, welcome, integrate, and retain larger numbers of French-speaking immigrants to Canada, to bolster the vitality of the 6.7 million French Canadians already home in Canada's Francophone communities across the country. In support of French speakers and the Canadian bilingual spirit, the Canadian Government has a special goal of encouraging settlement in areas outside of traditionally French-speaking Quebec. The policy's goal is for Canada to reach a French Language population level of 4.4% of the total Canadian population.

In its 2022 annual report to parliament on immigration, IRCC reviewed its progress on the 2018 to 2023 Action Plan for Official Languages and policy on French Language Immigration. French-speaking communities, Canadian community leaders, and experts in immigration worked together with the IRCC towards the development of these informed strategies in place until 2023. Implementation of these strategies encourages diversity, inclusion, and evidence-based policy in Canada.

Click here to view the full report

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IRCC Annual Report to Parliament Segment on Francophone Immigration Illustrates Policy Success

GENERAL•

DEC 14, 2022

Our bilingual country is made more vibrant with the inclusion of international French-speaking Immigrants.

To this end, Immigration, Refugees and Citizenship Canada (IRCC) supports immigration policy geared towards programs to attract, welcome, integrate, and retain larger numbers of French-speaking immigrants to Canada, to bolster the vitality of the 6.7 million French Canadians already home in Canada's Francophone communities across the country. In support of French speakers and the Canadian bilingual spirit, the Canadian Government has a special goal of encouraging settlement in areas outside of traditionally French-speaking Quebec. The policy's goal is for Canada to reach a French Language population level of 4.4% of the total Canadian population.

In its 2022 annual report to parliament on immigration, IRCC reviewed its progress on the 2018 to 2023 Action Plan for Official Languages and policy on French Language Immigration. French-speaking communities, Canadian community leaders, and experts in immigration worked together with the IRCC towards the development of these informed strategies in place until 2023. Implementation of these strategies encourages diversity, inclusion, and evidence-based policy in Canada.

Click here to view the full report

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Essential Labour Data on Worker Demographics and Skills Shortages to Help Immigrants Plan a Successful Career Path

GENERAL•

JAN 18, 2023

Canada's demographic is shifting.

With 21.8% of workers aged 55 to 64 and due to retire, Canada's workplaces are losing valuable long-term employees, with decades of experience and talent at the same time as our natural population is dwindling below replacement values (Canada's fertility rate is currently 1.40 per woman). Since Canada already experiences chronic skills and labour shortages, the hundreds of thousands of immigrants arriving to work and live in Canada each year will play a vital role in filling the vacant positions that keep our economy and services running effectively in the future. Empowering newcomers with the knowledge and proper training in critical industries now will ensure immigrants have the education, skills, and experience required to fill vital roles this decade, when one in five people retire and industry employers hire skilled replacements.

Our changing demographic also represents changes in needs allocation for services as an ageing population places a greater demand on the healthcare system but also have more free time, more disposable income, and spend money differently than younger demographics. For example, retirees tend to shop locally and eat out at restaurants more often than young people. Modern technology is another factor changing our country's needs and rewriting the labour market.

Click here to read the full article

OR 

Click here if you want to know about Canada Work Permit

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Benefits of getting a Canadian passport

GENERAL•

APR 06, 2023

Being one of the world's most immigrant-friendly countries, Canada is a top choice for immigrants across the globe.

Canada is a country known for welcoming immigrants and valuing multiculturalism. In recent years, it has become one of the top immigration destinations. Every year, a record number of people arrive in the country to settle permanently.

Recently, the Henley Passport Index ranked the Canadian passport as the eighth-most powerful passport to have across the world for the third time in a row.

The data released on January 10, 2023, by the International Air Transport Association, ranked 199 passports in the world to determine which citizenship has more convenience of access to more countries without a prior visa.

The Canadian passport has always been in the global top 10 most powerful passports in the world since 2006 when the Henley Passport started monitoring the world’s most travel-friendly passports.

But what makes the Canadian passport stand out?

Visa-free international travel

If you have a Canadian passport, you can travel visa-free to 185 countries. Countries like Austria, Belgium, France, Germany, Italy, and Switzerland offer visa on arrival to travellers with a Canadian passport.

Dual Citizenship

Canada also recognizes multiple citizenship. After receiving a Canadian passport, you may still have a choice to keep your home country passport. Getting a Canadian passport does not mean that you need to give up your current passport, rather, you can keep as many passports as you wish if the countries that issued you their passports allow it.

Click here to view the full article

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Know These Six Forms of Fraud to Protect Your Clients

GENERAL•

APR 11, 2023

5.2 million people in Canada were victims of Fraud in 2022 according to Police statistics—that number in a country of 38.25 million people.

Unfortunately, only 11% of those affected reported the incident to the police.

As consultants, you can make protecting your clients more straightforward by taking the time to understand the forms of Fraud you and your clients may encounter.

CAPIC, in promoting the licensed citizenship and immigration consultant (RCIC) profession, is raising awareness of fraud that immigrants may encounter with articles relevant to you during March’s Fraud Prevention month.

Being RCICs, you must uphold high professional standards and ethics because your clients are newcomers in a vulnerable position of trust. English may not be their first language, and the Canadian judiciary system is new to them. Therefore, to protect your clients and maintain the integrity of the RCIC profession, you should remind your clients of potential scams to avoid.

Here are the six forms of common fraud that you may help your clients avoid :

Internet and telephone scams

Fake websites that look legitimate are relatively easy for criminals to produce. Advise your clients to use official websites like Canada.ca to protect their interests. They may follow the links from Canada.ca to find program information, application documents and trustworthy authorized representatives like you.

Warn your clients that they may also encounter fake emails, phone calls from fraudsters posing as Canadian Immigration Officials, computer viruses or even false prizes.

Click here to read the full article

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International students: finding an internship job

GENERAL•

DEC 21, 2021

You’re an international student and you’re looking for an internship job? Here are some pieces of information you need to know and that can help you optimize your research.

The International Experience Canada (IEC) program

As a first step and most importantly, you have to verify if you are eligible to participate in the International Experience Canada (IEC) program, which contains a category called International Co-op where you can apply for the employer-specific work permit that you need, to get an internship as an international student. 

Click here to read the full blog

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Tapambwa, A Case Interpreting Three Important Immigration Matters

REFUGEE CLASS•

BY: HUI ZHANG [CICC ID: R524643]

Finding and using case law is an essential skill for immigration practitioners.

This article introduces a case that interprets three important immigration matters: the task of a pre-removal risk assessment officer, the Minister’s obligation under section 25.2 of IRPA, and section 7 of the Charter analysis principles.

Mr. and Mrs. Tapambwa are a couple from Zimbabwe who both served in the Zimbabwe National Army. They claimed refugee protection in Canada in 2011. The Refugee Protection Division (RPD) concluded that there were serious reasons to believe that they were complicit in crimes against humanity committed by the Zimbabwe National Army and thus were excluded from refugee protection. The RPD also concluded that neither they nor their children would face a personalized risk to their lives or to cruel and unusual treatment. Therefore, the RPD refused their refugee claims on the basis that they are neither Convention refugees prescribed in section 96 of IRPA nor persons in need of protection prescribed in section 97 of IRPA.

They were also found inadmissible for crimes against humanity and were issued a removal order by the Immigration Division (ID). When faced with the removal order, the couple applied for a pre-removal risk assessment (PRRA). The PRRA officer conducted a restricted PRRA, which was based on the risks prescribed in section 97 of IRPA and whether they were a danger to the security of Canada. Their PRRA was refused on the grounds that they would not face the risks enumerated in either Convention refugee or person in need of protection.

Click here to read the full article

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The Interpretation of “Duties” Under the Canadian Experience Class

PERMANENT RESIDENT•

BY: KATHARINA KONTAXIS [CICC ID: R512662]

Have you ever wondered how to match your work experience with the NOC? With these helpful tips you will be able to find the exact NOC code.

A Substantial Number of the Main Duties

The main issue in this article is the interpretation of the provision “a substantial number of the main duties” found in paragraph 87.1(2)(c) of the Immigration and Refugee Protection Regulations, SOR/2002-227.

Hence, the applicant must have performed a substantial number of the main duties, including all the essential duties, of the occupation as set out in the occupational descriptions of the National Occupational Classification (NOC).

Visa officers construed the wording “a substantial number” as “most” while considering whether the applicant passed the legal test on a balance of probabilities. Proving facts on a balance of probabilities means that it is more likely than not to have happened. Therefore, when a decision-maker concludes that something is 51% likely to have occurred than the evidence established the fact.

This includes all the essential duties and most of the main duties listed.

Literature tends to define “most” as “half plus 1” as stipulated in Chantal Desloges & Cathryn Sawicki, Canadian Immigration Refugee Law: A Practitioner’s Handbook, 3rd ed (Toronto, ON: Emond, 2021) on page 353. Consequently, the applicant must fulfill the lead statement and most of the main duties of the NOC to become a member of the Canadian experience class.

In Potla v Canada, 2020 FC 646, the court noted at para 34 and 35 that the emphasis must lie on sales and promotions to satisfy the lead statement for financial sales representatives. The description of NOC 2016 Version 1.3 Code 6235 lists 10 main duties. Thus, the applicant must perform the lead statement and at least 6 of the main duties.

However, Pelletier J. held, in Paracha v Canada, 1999 FC 8591 at para 7, that the word "some” of the NOC means “more than one” of the main duties. Since 1999, Federal Court jurisprudence has established that “substantial number” is to be interpreted as “more than one” (A'Bed v Canada, 2002 FCT 1027 at para 15, Tabanag v Canada, 2011 FC 1293 at para 18, and Saatchi v Canada, 2018 FC 1037 at para 27).  Hence, we have some room for interpretation to demonstrate Canadian work experience.

When pointing out the differences between a NOC A and B occupation, pay close attention to the verbs used in the descriptions. In Bighashi v Canada, 2013 FC 1110, the Federal Court of Canada stated at paragraphs 15 and 19 as follows:

[15]         Having determined that the officer did not breach the duty of fairness owed to the Applicant, I also find that the officer’s conclusion that the Applicant did not submit sufficient evidence that he performed the actions required of an accountant as set out in NOC 1111, was reasonable. I agree with the officer’s observation that the duties set out in the employment letter more closely matched those of the bookkeeper classification than those of an accountant. I reject the submission that Mr. Bighashi’s application was assessed against the bookkeeper NOC code. All the officer did was to make an observation. The application was properly assessed for eligibility against NOC 1111.

…

[19]           The officer found that the employment letter did not establish on the balance of probabilities that Mr. Bighashi “performed the actions in the lead statement.”  Nothing in the listed responsibilities in the employment letter can be interpreted as examining, analyzing, planning, or organizing and administering accounting and financial records. The Applicant’s duties are limited to making payments and preparing lists, reports, and correspondence. The officer’s reasons for this finding are adequate and reasonable.

All Essential Duties

To find out more about the mysterious phrase “all of the essential duties,” one needs to research the regulatory intent by looking up historical records.

The best way to understand the intent of a regulatory amendment is by reviewing its Regulatory Impact Analysis Statement, which is available in the Canada Gazette. This statement will also provide helpful background information on how the regulation was developed. In a nutshell, one must refer to the Immigration and Refugee Protection Regulations, P.C. 2012-1643, December 6, 2012, SOR/2012-274, s. 13, Canada Gazette, Part II, vol. 146, no. 26, p 2917, December 19, 2012.

"A substantial number of the main duties" and "all of the essential duties" are used interchangeably as set out at page 2917.

For this purpose, the applicant must have performed a substantial number of the main duties listed in the description of the occupation set out in the NOC, which means that they have performed the essential duties of the occupation.

Mystery solved.

Disclaimer

This article does not constitute immigration or citizenship advice. If you require more information, then you should discuss your matter with a Canadian immigration professional.

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The Interpretation of “Duties” Under the Canadian Experience Class

PERMANENT RESIDENT•

BY: KATHARINA KONTAXIS [CICC ID: R512662]

Have you ever wondered how to match your work experience with the NOC? With these helpful tips you will be able to find the exact NOC code.

A Substantial Number of the Main Duties

The main issue in this article is the interpretation of the provision “a substantial number of the main duties” found in paragraph 87.1(2)(c) of the Immigration and Refugee Protection Regulations, SOR/2002-227.

Hence, the applicant must have performed a substantial number of the main duties, including all the essential duties, of the occupation as set out in the occupational descriptions of the National Occupational Classification (NOC).

Visa officers construed the wording “a substantial number” as “most” while considering whether the applicant passed the legal test on a balance of probabilities. Proving facts on a balance of probabilities means that it is more likely than not to have happened. Therefore, when a decision-maker concludes that something is 51% likely to have occurred than the evidence established the fact.

This includes all the essential duties and most of the main duties listed.

Literature tends to define “most” as “half plus 1” as stipulated in Chantal Desloges & Cathryn Sawicki, Canadian Immigration Refugee Law: A Practitioner’s Handbook, 3rd ed (Toronto, ON: Emond, 2021) on page 353. Consequently, the applicant must fulfill the lead statement and most of the main duties of the NOC to become a member of the Canadian experience class.

In Potla v Canada, 2020 FC 646, the court noted at para 34 and 35 that the emphasis must lie on sales and promotions to satisfy the lead statement for financial sales representatives. The description of NOC 2016 Version 1.3 Code 6235 lists 10 main duties. Thus, the applicant must perform the lead statement and at least 6 of the main duties.

However, Pelletier J. held, in Paracha v Canada, 1999 FC 8591 at para 7, that the word "some” of the NOC means “more than one” of the main duties. Since 1999, Federal Court jurisprudence has established that “substantial number” is to be interpreted as “more than one” (A'Bed v Canada, 2002 FCT 1027 at para 15, Tabanag v Canada, 2011 FC 1293 at para 18, and Saatchi v Canada, 2018 FC 1037 at para 27).  Hence, we have some room for interpretation to demonstrate Canadian work experience.

When pointing out the differences between a NOC A and B occupation, pay close attention to the verbs used in the descriptions. In Bighashi v Canada, 2013 FC 1110, the Federal Court of Canada stated at paragraphs 15 and 19 as follows:

[15]         Having determined that the officer did not breach the duty of fairness owed to the Applicant, I also find that the officer’s conclusion that the Applicant did not submit sufficient evidence that he performed the actions required of an accountant as set out in NOC 1111, was reasonable. I agree with the officer’s observation that the duties set out in the employment letter more closely matched those of the bookkeeper classification than those of an accountant. I reject the submission that Mr. Bighashi’s application was assessed against the bookkeeper NOC code. All the officer did was to make an observation. The application was properly assessed for eligibility against NOC 1111.

…

[19]           The officer found that the employment letter did not establish on the balance of probabilities that Mr. Bighashi “performed the actions in the lead statement.”  Nothing in the listed responsibilities in the employment letter can be interpreted as examining, analyzing, planning, or organizing and administering accounting and financial records. The Applicant’s duties are limited to making payments and preparing lists, reports, and correspondence. The officer’s reasons for this finding are adequate and reasonable.

All Essential Duties

To find out more about the mysterious phrase “all of the essential duties,” one needs to research the regulatory intent by looking up historical records.

The best way to understand the intent of a regulatory amendment is by reviewing its Regulatory Impact Analysis Statement, which is available in the Canada Gazette. This statement will also provide helpful background information on how the regulation was developed. In a nutshell, one must refer to the Immigration and Refugee Protection Regulations, P.C. 2012-1643, December 6, 2012, SOR/2012-274, s. 13, Canada Gazette, Part II, vol. 146, no. 26, p 2917, December 19, 2012.

"A substantial number of the main duties" and "all of the essential duties" are used interchangeably as set out at page 2917.

For this purpose, the applicant must have performed a substantial number of the main duties listed in the description of the occupation set out in the NOC, which means that they have performed the essential duties of the occupation.

Mystery solved.

Disclaimer

This article does not constitute immigration or citizenship advice. If you require more information, then you should discuss your matter with a Canadian immigration professional.