ARCHIVED - Ministerial Instructions respecting the Express Entry system – October 20, 2020 to June 28, 2021

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The Minister of Citizenship and Immigration, pursuant to section 10.3Footnote a of the Immigration and Refugee Protection Act Footnote b, gives the annexed Ministerial Instructions Respecting the Express Entry System.

Ottawa, October 16, 2020

Marco E. L. Mendicino
Minister of Citizenship and Immigration

Interpretation

Definitions

1 The following definitions apply in these Instructions.

“accompanying spouse or common-law partner”
« époux ou conjoint de fait accompagnant l’étranger »

“accompanying spouse or common-law partner”, in respect of a foreign national, means the foreign national’s spouse or common-law partner who is accompanying him or her to Canada and who is not a Canadian Citizen or a permanent resident.

“Act”
« Loi »

“Act” means the Immigration and Refugee Protection Act.

“Canadian citizen”
« citoyen canadien »

“Canadian citizen” has the same meaning as in section 2 of the Regulations.

“Canadian educational credential”
« diplôme candien »

“Canadian educational credential” has the same meaning as in subsection 73(1) of the Regulations.

Canadian Language Benchmarks
« Canadian Language Benchmarks »

Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations.

“common-law partner”
« conjoint de fait »

“common-law partner” has the same meaning as in subsection 1(1) of the Regulations.

“invitation”
« invitation »

“invitation” means an invitation to make an application for permanent residence that is issued by the Minister under subsection 10.1(1) of the Act.

“language skill area”
« habileté langagière »

“language skill area” has the same meaning as in subsection 73(1) of the Regulations.

National Occupational Classification
« Classification nationale des professions »

National Occupational Classification” has the same meaning as in section 2 of the Regulations.

“official language”
« langue officielle »

“official language” means an official language of Canada.

Niveaux de compétence linguistique canadiens
« Niveaux de compétence linguistique canadiens »

Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.

“qualifying offer of arranged employment”
« offre d’emploi réservé admissible »

“qualifying offer of arranged employment” means any offer of employment referred to in subsection 29(2).

“Regulations”
« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

General

Classes of foreign nationals

2 Subsection 10.1(1) of the Act applies in respect of

Electronic System

3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.

Functions of electronic system

(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used

Information required

(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including

Expired results

(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of subsection 5(1), to no longer be able to meet the requirements of the Regulations that are related to those results.

Expression of interest — submission by other means

(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Day and time of receipt

(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.

Express entry pool

4 (1) If a foreign national’s expression of interest demonstrates that they meet the requirements of subsection 5(1), it is to be included in the express entry pool until the earliest of

Updates to expression of interest

(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.

Eligibility criteria

5 (1) In order to be eligible to be issued an invitation, a foreign national must, if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class.

Ability to meet requirements

(2) The determination as to whether a foreign national meets the requirements of subsection (1) is made on the basis of the information provided in the expression of interest and an officer must not substitute their evaluation of whether or not the foreign national meets those requirements.

Validity period

6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.

Disclosure to province

7 (1) The Minister may, for the purpose of section 10.4 of the Act, disclose to officials responsible for the administration of the provincial nominee program of a province referred to in paragraph 2(d) the following personal information in respect of a foreign national:

Definitions

(2) The following definitions apply in this section.

“family member”
« membre de la famille »

“family member” has the same meaning as in subsection 1(3) of the Regulations.

“minimum necessary income”
« revenue vital minimum »

“minimum necessary income” means the amount identified, in the most recent edition of the publication concerning low-income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons consisting of a foreign national and their family members.

Comprehensive Ranking System factor categories

8 (1) In accordance with these Instructions, points are assigned under the Comprehensive Ranking System to each foreign national whose expression of interest is included in the express entry pool, on the basis of the information provided in that expression of interest, according to the following categories of factors:

Comprehensive Ranking System – Total number of points

(2) The total number of points that may be assigned under the Comprehensive Ranking System is 1200 points, allocated as follows:

Determination of rank required for invitation

(3) The determination as to whether a foreign national occupies the rank required in order to be issued an invitation under paragraph 10.2(1)(b) of the Act is to be made using

9 [Repealed, June 6, 2017, s. 7]

Points for Core Human Capital Factors

Age

10 (1) The points that are to be assigned for the age factor referred to in subparagraph 8(1)(a)(i) are the following:

Maximum number of points

(2) The maximum number of points that may be assigned under

Level of education

11 (1) The points that are to be assigned for the level of education factor referred to in subparagraph 8(1)(a)(ii) are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1),

Maximum points

(4) The maximum number of points that may be assigned under

Five-year duration

(5) When the equivalency assessment referred to in paragraph (3)(b) is five or more years old, points cease to be assigned under subsection 11(1) and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

Official language proficiency

12 (1) The points that are to be assigned for the official language proficiency factor referred to in subparagraph 8(1)(a)(iii) consist of points for the proficiency of a foreign national in their first official language and points for their proficiency in their second official language.

First and second official languages

(2) In order to be assigned points under subsection (1) for their official language proficiency, the foreign national

Two year duration

(3) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Basis for assigning points

(4) The points that are assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points that are assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

First official language proficiency

13 (1) The points that are to be assigned for proficiency in each of the language skill areas in the first official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under

Maximum points for first official language

(3) The maximum number of points that may be assigned for all language skill areas, taken together, in the first official language of the foreign national under

Second official language proficiency

14 (1) The points that may be assigned for proficiency in each of the language skill areas in the second official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under paragraph (1)(a) or (b) is 6 points.

Maximum points for second official language

(3) The maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language of the foreign national under

Canadian work experience

15 (1) The points that are to be assigned for the Canadian work experience factor referred to in subparagraph 8‍(1)‍(a)‍(iv) are the following:

Maximum points

(2) The maximum number of points that may be assigned under

Canadian work experience

(3) For the purposes of this section, Canadian work experience is work experience that

Requirements

(4) In order to be assigned points under subsection (1) for their Canadian work experience, a foreign national

Full-time work

(5) For the purposes of this section, full-time work consists of at least 30 hours of work per week.

Work in excess

(6) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(7) For the purposes of this section,

16 [Repealed, June 6, 2017, s. 14]

Points for Accompanying Spouse or Common-law Partner Factors

Level of education

17 (1) The points that are to be assigned to a foreign national for the level of education factor referred to in subparagraph 8(1)(b)(i) are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained by the accompanying spouse or common-law partner.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1) for the educational credentials of their accompanying spouse or common-law partner,

Five-year duration

(4) When the equivalency assessment referred to in paragraph (3)(b) is five or more years old, points cease to be assigned under subsection 17(1) and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

Maximum points

(5) The maximum number of points that may be assigned under subsection (1) is 10 points.

Official language proficiency

18 (1) The points that are assigned to a foreign national for the official language proficiency factor referred to in subparagraph 8(1)(b)(ii) are to be based on the language proficiency of their accompanying spouse or common-law partner in their first official language.

First official language

(2) In order for points to be assigned to a foreign national for the official language proficiency of their accompanying spouse or common-law partner

Two year duration

(2.1) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Basis for assigning points

(3) The points assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

First official language proficiency

(4) The points that are to be assigned to a foreign national for the proficiency of their accompanying spouse or common-law partner in each of the language skill areas in the first official language of the accompanying spouse or common-law partner are the following:

Maximum points for each language skill area

(5) The maximum number of points that are to be assigned under subsection (4) for each of the language skill areas is 5 points.

Maximum points for all language skill areas

(6) The maximum number of points that are to be assigned under subsection (4) for all of the language skill areas, taken together, is 20 points.

Canadian work experience factor

19 (1) The points that are to be assigned to a foreign national for the Canadian work experience factor referred to in subparagraph 8(1)(b)(iii) are the following:

Maximum points

(2) The maximum number of points that may be assigned under subsection (1) is 10 points.

(3) [Repealed, May 30, 2015, ss. 2(1)]

Canadian Work Experience

(4) For the purpose of this section, Canadian work experience is work experience that

Requirements

(5) In order for the foreign national to be assigned points under subsection (1) for the Canadian work experience of their accompanying spouse or common-law partner,

Full-time work

(6) For the purposes of this section, full-time work consists of at least 30 hours of work per week.

Work in excess

(7) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(8) For the purposes of this section,

20 [Repealed, June 6, 2017, s. 18]

Points for Skill Transferability Factors

Combination of level of education and official language proficiency

21 (1) The points that may be assigned for a combination of the level of education of a foreign national and their proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

Clarification — level of education

(3) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Clarification — official language proficiency

(4) Subsections 12(1) to (4) apply in respect of proficiency in a first official language referred to in subsection (1), with any necessary modifications.

Combination of level of education and Canadian work experience

22 (1) The points that may be assigned for a combination of the level of education of a foreign national and their Canadian work experience are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

(3) [Repealed, June 6, 2017, ss. 20(2)]

Clarification — Canadian work experience

(4) Subsections 15(3) to (7) apply in respect of Canadian work experience referred to in subsection (1), with any necessary modifications.

Clarification — level of education

(5) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Combination of foreign work experience and official language proficiency

23 The points that may be assigned for a combination of the foreign national’s foreign work experience and their level of proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Combination of Canadian work experience and foreign work experience

24 (1) The points that may be assigned for a combination of the Canadian work experience and foreign work experience of a foreign national are the following:

(2) [Repealed, June 6, 2017, ss. 22(2)]

Elaboration — Canadian work experience

(3) Subsections 15(3) to (7) apply in respect of Canadian work experience that is referred to in subsection (1), with any necessary modifications.

Foreign work experience

25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

Requirements

(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national

Full-time work

(3) For the purposes of paragraph (1)(b), full-time work consists of at least 30 hours of work per week.

Work in excess

(4) For the purposes of sections 23 and 24, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Combination of certificate of qualification and official language proficiency

26 (1) The points that may be assigned to a foreign national for their certificate of qualification in a trade occupation issued by a competent provincial or federal authority and their level of proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Requirements

(2) In order for a foreign national to be assigned points under subsection (1), the foreign national

(3) [Repealed, June 6, 2017, ss. 23(3)]

Calculation of points assigned for skill transferability factors

27 Subject to the maximum set out in paragraph 8(2)(c), the points assigned for skill transferability factors are to be calculated by adding

27.1 [Repealed, June 6, 2017, s. 24]

Points for Additional Factors

Points for provincial nomination certificate

28 (1) Six hundred points may be assigned to a foreign national if they are named in a nomination certificate referred to in paragraph 87(2)(a) of the Regulations that is issued by the government of a province referred to in paragraph 2(d) of these Instructions and the nomination has been

Nomination revoked or declined

(2) If the nomination certificate is revoked by the province that issued it, or if the foreign national declines the nomination, they are no longer entitled to the 600 points under subsection (1) in respect of that certificate and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for qualifying offer of arranged employment

29 (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows:

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for Canadian educational credential

30 (1) The points that may be assigned for Canadian educational credential factors are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements

(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

Eligible credentials

(4) For the purpose of this section, an eligible credential is one of the following:

Exceptions

(5) For the purpose of this section, the following are not eligible credentials:

Points for sibling in Canada

31 (1) Fifteen points may be assigned to a foreign national if either they or their accompanying spouse or common-law partner has at least one sibling who is

Clarification

(2) For the purpose of subsection (1), a sibling of a foreign national or of the foreign national’s accompanying spouse or common-law partner is the biological or adoptive child of

Points for French-language proficiency

32 (1) The number of points that may be assigned to a foreign national on the basis of their French-language proficiency is the following:

Two-year duration

(2) When the results of a language test referred to in subsection (1) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

33 [Repealed, November 19, 2016, s. 14]

34 [Repealed, November 19, 2016, s. 14]

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