Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1

The Minister of Citizenship and Immigration, pursuant to section 10.3^{Footnote 1} of the Immigration and Refugee Protection Act,^{Footnote 2} gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1.

Ottawa, May 29, 2017
Ahmed D. Hussen
Minister of Citizenship and Immigration

Amendments

1 The Ministerial Instructions Respecting the Express Entry System^{Footnote 3} are amended by adding the following before section 1:

Interpretation

2 The Instructions are amended by adding the following before section 2:

General

3 Subsection 3(4) of the Instructions is replaced by the following:

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.

4 Subsection 4(1) of the Instructions is replaced by the following:

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

• (a) the day on which the expression of interest demonstrates that the foreign national no longer meets the requirements of subsection 5(1),
• (b) the day that is one year after the day on which the expression of interest was received, at the time it was received, and
• (c) if the Minister issues an invitation,
  • (i) the day on which the foreign national makes an application for a permanent resident visa in response to the invitation, or
  • (ii) the day on which the period referred to in section 6 expires, if the foreign national has not declined the invitation.

5 Section 5 of the Instructions is replaced by the following:

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.

6 (1) Subsection 7(1) of the Instructions is repealed.

(2) Paragraphs 7(2)(c) and (d) of the Instructions are replaced by the following:

• (c) whether the foreign national has a relative who is a Canadian citizen or a permanent resident and is residing in Canada;
• (d) the province of residence of their relatives who live in Canada and are Canadian citizens or permanent residents and their relationship to those relatives;

(3) Paragraph 7(2)(o) of the Instructions is replaced by the following:

• (o) the official language they specified as their first official language;

(4) The portion of subsection 7(3) of the French version of the Instructions before the first definition is replaced by the following:

Définitions

(3) Les définitions qui suivent s’appliquent au présent article.

7 Sections 8 and 9 of the Instructions are replaced by the following:

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:

• (a) the category of core human capital factors, namely
  • (i) age,
  • (ii) level of education,
  • (iii) official language proficiency, and
  • (iv) Canadian work experience;
• (b) the category of accompanying spouse or common-law partner factors, namely
  • (i) level of education of the spouse or common-law partner,
  • (ii) official language proficiency of the spouse or common-law partner, and
  • (iii) Canadian work experience of the spouse or common-law partner;
• (c) the category of skill transferability factors, namely
  • (i) the combination of level of education and official language proficiency,
  • (ii) the combination of level of education and Canadian work experience,
  • (iii) the combination of foreign work experience and official language proficiency,
  • (iv) the combination of Canadian work experience and foreign work experience, and
  • (v) the combination of a certificate of qualification and official language proficiency; and
• (d) the category of additional factors, namely
  • (i) a provincial nomination,
  • (ii) a qualifying offer of arranged employment,
  • (iii) Canadian educational credentials,
  • (iv) a sibling in Canada, and
  • (v) French-language proficiency.

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:

• (a) for the core human capital factors
  • (i) a maximum of 500 points if the foreign national has no accompanying spouse or
    common-law partner, or
  • (ii) a maximum of 460 points if the foreign national has an accompanying spouse or common-law partner;
• (b) for accompanying spouse or common-law partner factors, a maximum of 40 points;
• (c) for skill transferability factors, a maximum of 100 points; and
• (d) for additional factors, a maximum of 600 points.

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

• (a) the number of points assigned to the foreign national under the Comprehensive Ranking System; and
• (b) if more than one foreign national has been assigned the same number of points under the Comprehensive Ranking System, the date and time the expression of interest was submitted, as recorded in the Express Entry System.

Points for Core Human Capital Factors

8 The portion of subsection 10(1) of the Instructions before paragraph (a) is replaced by the following:

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:

9 (1) The portion of subsection 11(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Paragraph 11(3)(b) of the Instructions is replaced by the following:

• (b) they must have an educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.

(2) Paragraph 11(4)(b) of the Instructions is replaced by the following:

• (b) paragraph (1)(b) is 140 points.

(3) Subsection 11(5) of the Instructions is replaced by the following:

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.

10 (1) Subsection 12(1) of the Instructions is replaced by the following:

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.

(2) The portion of subsection 12(2) of the French version of the Instructions before paragraph (a) is replaced by the following:

Première et seconde langues officielles

(2) Pour se voir attribuer des points en application du paragraphe (1) pour ses compétences linguistiques dans les langues officielles, l’étranger doit à la fois :

11 The portion of subsection 13(2) of the French version of the Instructions before paragraph (a) is replaced by the following:

Nombre de points maximum pour chaque habileté langagière

(2) Le nombre de points maximum qui peut être attribué pour chacune des quatre habiletés langagières est de :

12 (1) The portion of subsection 14(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Subsection 14(2) of the French version of the Instructions is replaced by the following:

Nombre de points maximum pour chaque habileté langagière

(2) Le nombre de points maximum qui peut être attribué pour chacune des habiletés langagières en application des alinéas (1)a) et (1)b) est de 6 points.

13 (1) The portion of subsection 15(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Subparagraph 15(1)(a)(vi) of the French version of the Instructions is replaced by the following:

• (vi) 80 points pour cinq années ou plus d’expérience de travail au Canada;

14 Section 16 of the Instructions is replaced by the following:

Points for Accompanying Spouse or Common-law Partner Factors

15 (1) The portion of subsection 17(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Paragraph 17(3)(b) of the Instructions is replaced by the following:

• (b) that spouse or common-law partner must have an education credential equivalency assessment in respect of their foreign educational credentials issued by an institution designated under subsection 75(4) of the Regulations.

(3) Subsection 17(4) of the Instructions is replaced by the following:

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.

16 (1) Subsection 18(1) of the Instructions is replaced by the following:

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.

(2) The portion of subsection 18(4) of the Instructions before paragraph (a) is replaced by the following:

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:

(3) Subsections 18(5) and 18(6) of the Instructions are replaced by 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.

17 (1) The portion of subsection 19(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Paragraph 19(8)(c) of the French version of the Instructions is replaced by the following:

• c) l’époux ou le conjoint de fait accompagnant l’étranger doit détenir le statut de résident temporaire durant la période de travail et durant toute période d’études ou de formation à temps plein;

18 Section 20 of the Instructions is replaced by the following:

Points for Skill Transferability Factors

19 (1) The portion of subsection 21(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Paragraph 21(1)(a) of the French version of the Instructions is replaced by the following:

• (a) 0 point, si l’étranger a obtenu au plus un diplôme d’études secondaires sans égard à l’évaluation de sa première langue officielle;

20 (1) The portion of subsection 22(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Subsection 22(3) of the Instructions is repealed.

21 The portion of section 23 of the Instructions before paragraph (a) is replaced by the following:

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:

22 (1) The portion of subsection 24(1) of the Instructions before paragraph (a) is replaced by 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) Subsection 24(2) of the Instructions is repealed.

23 (1) The portion of subsection 26(1) of the Instructions before paragraph (a) is replaced by the following:

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:

(2) Paragraph 26(2)(a) of the Instructions is replaced by the following:

• (a) must hold a valid certificate of qualification in a trade occupation issued by a competent provincial or federal authority; and

(3) Subsection 26(3) of the Instructions is repealed.

24 Sections 27 and 27.1 of the Instructions are replaced by the following:

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

• (a) the sum of the points assigned under subsections 21(1) and 22(1), to a maximum of 50 points;
• (b) the sum of the points assigned under section 23 and subsection 24(1) to a maximum of 50 points; and
• (c) the points assigned under subsection 26(1).

Points for Additional Factors

25 The portion of subsection 28(1) of the Instructions before paragraph (a) is replaced by the following:

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

26 (1) Subparagraph 29(2)(a)(iii) of the Instructions is replaced by the following:

• (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer;

(2) Subparagraph 29(2)(b)(iii) of the Instructions is replaced by the following:

• (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations that specifies the employer or employers that made the offer, and the foreign national works for an employer specified on the permit and has accumulated a total of at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for the employers who made the offer.

27 The portion of subsection 30(1) of the Instructions before paragraph (a) is replaced by the following:

Points for Canadian educational credential

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

28 Section 31 of the Instructions is replaced by the following:

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

• (a) 18 years or older;
• (b) a Canadian citizen or permanent resident; and
• (c) living in Canada.

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

• (a) their father or their mother;
• (b) their father’s or mother’s spouse; or
• (c) their father’s or mother’s common-law partner.

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:

• (a) 15 points, if the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection indicate that their proficiency in the French language is assessed at level 7 or higher in all language skill areas, according to the benchmarks set out in the Niveaux de compétence linguistique canadiens; and
• (b) 15 points, if the foreign national is assigned points under paragraph (a) and the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection indicate that their proficiency in the English language is assessed at level 5 or higher in all language skill areas, according to the benchmarks set out in the Canadian Language Benchmarks.

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.

Coming into Force

29 These Instructions come into force on June 6, 2017.