- Sid Rahman
- 2024/09/18
If you are dealing with Economic classes (Express Entry, CEC, PNP, FSW, FST) applications, this article might be handy to prepare your legal arguments on the Submission letter.
Here I have tried to put all the possible provisions related to Economic classes (Express Entry, CEC, PNP, FSW, FST) applications found in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). The below sources are taken from www.canada.ca. Please check the latest rules, acts and regulations before you act upon as rules, acts and regulations are always changable for greater cause.
Express Entry
| Agenda | Provisions |
|---|---|
| Authority for Express Entry | Division 0.1 Invitation to Make an Application |
| Requirement to be invited to apply | A10.1(1) |
| Requirement to submit an expression of interest | A10.1(3) |
| Authority to issue instructions related to the operation and management of Express Entry | A10.3(1) |
| Immigration classes subject to Express Entry | A10.3(1)(a), MI 2 |
| Portion of PNP subject to Express Entry | A10.1(2.1), MI 2(d) |
| Mandatory electronic APR | A14(5), R12.01(1) |
| Mandatory electronic Express Entry submission | A10.3(1)(c), MI 3(1) |
| Exemption from requirement to submit an electronic APR | A14(5), R12.02(1) |
| Exemption from requirement to submit an electronic Express Entry profile | A10.3(1)(d), MI 4 |
| Minimum Entry Criteria for Express Entry | A10.3(1)(e), MI 5(1) |
| Exemption from the requirement to register with the Government of Canada’s Job Bank | A10.3(1)(e), MI 5(3) |
| Rank a candidate must occupy to be issued an invitation and basis on which a candidate may be ranked | A10.3(1)(h), A10.3(1)(i), MI 8(1) |
| Comprehensive Ranking System and number of points to be assigned | A10.3(1)(h), MI 8 to 32 |
| Period of validity of an Express Entry profile | A10.3(1)(f), MI 6 |
| Period within which an application must be made once an invitation has been issued | A10.3(1)(k), MI 32(1) |
| Information-sharing | A10.4, A10.3(1)(g), MI 7(1),(2) |
|
Definition for Express Entry: “Accompanying spouse or common-law partner” “Invitation” “Qualifying offer of arranged employment” |
MI, section 1 (definition) |
| Requirements for application before entering Canada | A11(1) |
| Requirement to maintain qualifications and change in circumstance | A11.2 |
| Public policy considerations | A25.2(1) |
| Grounds for inadmissibility | A33, A34, A35, A36, A37, A38, A39, A40, A41, A42 |
| Misrepresentation | A40(2)(a) |
| Requirement to submit a complete application | R10 |
| Applicants outside Canada | R67 |
| Applicants in Canada | R68 |
| Requirements for a foreign national to become a permanent resident in Canada | R72 |
Canadian Experience Class (CEC)
| Agenda | Provisions |
|---|---|
| Application, form and content | A11, R10 |
| Place of application for visa | R11 |
| Return of an application | R12 |
| Production of supporting documents | R13 |
| Visa issuance by officer | A11, R70(1) |
| Economic Class | A12(2) |
| Canadian Experience Class | R87.1 |
Federal Skilled Trades
| Agenda | Provisions |
|---|---|
| Attainment of immigration goals | A3(1) |
| Application, form and content | A11, R10 |
| Place of application for visa | R11 |
| Return of an application | R12 |
| Production of supporting documents | R13 |
| Visa issuance by officer | R70(1) |
| Economic class | A12(2) |
| Inadmissibility | A33 to A43 |
| Skilled trade occupation | R87.2(1) |
| Federal skilled trades class and membership | R87.2(2) and (3) |
| Substitution of officer's evaluation | R87.2(4) |
| Requirement for settlement funds | R87.2(5) |
Federal skilled workers class
| Agenda | Provisions |
|---|---|
| Attainment of immigration goals | A3(1) |
| Application, form and content | A11, R10 |
| Place of application for visa | R11 |
| Return of an application | R12 |
| Production of supporting documents | R13 |
| Visa issuance by an officer | R70(1) |
| Economic class | A12(2) |
| Inadmissibility | A33 to A43 |
| Obtaining status (skilled worker) | R71.1 |
| Minimal requirements of a skilled worker | R75(2) |
| Minimum number of points required | R75(1), R76(2), R75(3) |
| Language proficiency thresholds and designation for evaluating language proficiency | R74 |
| Selection grid | |
| Education | R78 |
| Language proficiency | R79 |
| Work experience | R80 |
| Age | R81 |
| Arranged employment | R82 |
| Adaptability | R83 |
| Settlement funds requirement | R76(1)(b)(i) |
| Substituted evaluation | R76(3) and (4) |
| Transition rules | R361 |
Provincial nominees
| Agenda | Provisions |
|---|---|
| Federal-provincial agreements | A8 |
| Selection of a member of the economic class | A12(2) |
| Form and content of application | R10 |
| Becoming a permanent resident | R71.1 |
| Provincial nominee class | R87 |
| Being named in a nomination certificate | R87 (2)(a) |
| Intention to reside in nominating province | R87 (2)(b) |
| Substitution of evaluation | R87 (3) |
| Concurrence of a second officer | R87 (4) |
|
Exclusion from the provincial nominee class
|
R87(5) and R87(6)
|
| Requirements to maintain qualifications and change in circumstances | A11.2 |
| Inadmissibility for financial reasons | A39 |
| Obligation to answer truthfully | A16(1) |
| Misrepresentation | A40 |
| Report on inadmissibility | A44(1) |
| Non-compliance | A41 |
| Obligation on entry | A20(2) |
| Work and study in Canada | A30(1) |
Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.
