Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2022-2

1 Section 1 of the Ministerial Instructions Respecting the Express Entry System^{Footnote 1} is amended by adding the following in alphabetical order:

TEER Category

has the same meaning as in section 2 of the Regulations. (catégorie FÉER)

2 Paragraphs 7(1)(l) to (n) of the Instructions are replaced by the following:

• (l) the five-digit code in the National Occupational Classification that corresponds to the occupation referred to in any qualifying offer of arranged employment that they have received;
• (m) their years of work experience in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
• (n) their years of work experience in Canada in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

3 (1) Subparagraph 11(1)(a)(vii) of the Instructions is replaced by the following:

• (vii) 135 points, if the foreign national has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, and

(2) Subparagraph 11(1)(b)(vii) of the Instructions is replaced by the following:

• (vii) 126 points, if the foreign national has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, and

4 (1) Paragraph 15(3)(a) of the Instructions is replaced by the following:

• (a) is acquired by a foreign national in Canada in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

(2) Paragraph 15(4)(a) of the Instructions is replaced by the following:

• (a) must specify in their expression of interest the five-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their Canadian work experience; and

5 Paragraph 17(1)(g) of the Instructions is replaced by the following:

• (g) 10 points, if their accompanying spouse or common-law partner has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required; and

6 (1) Paragraph 19(4)(a) of the Instructions is replaced by the following:

• (a) is acquired by the accompanying spouse or common-law partner of the foreign national in Canada in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

(2) Paragraph 19(5)(a) of the Instructions is replaced by the following:

• (a) the foreign national must specify in their expression of interest the five-digit code in the National Occupational Classification that corresponds to each of the occupations that the accompanying spouse or common-law partner has engaged in while accumulating their Canadian work experience; and

7 (1) Subparagraph 21(1)(d)(ii) of the Instructions is replaced by the following:

• (ii) a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, or

(2) Subparagraph 21(1)(e)(ii) of the Instructions is replaced by the following:

• (ii) a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, or

8 (1) Subparagraph 22(1)(d)(ii) of the Instructions is replaced by the following:

• (ii) a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, or

(2) Subparagraph 22(1)(e)(ii) of the Instructions is replaced by the following:

• (ii) a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, or

9 (1) Paragraph 25(1)(a) of the Instructions is replaced by the following:

• (a) is acquired by a foreign national outside Canada in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

(2) Paragraph 25(2)(a) of the Instructions is replaced by the following:

• (a) must specify in their expression of interest the five-digit code in the National Occupational Classification that corresponds to each of the occupations they have engaged in while accumulating their foreign work experience; and

10 Subparagraph 29(2)(a)(ii) of the Instructions is replaced by the following:

• (ii) the foreign national holds a valid work permit, the offer of employment is made by an employer for whom the foreign national currently works and who is specified on the work permit, the work permit was issued based on a positive determination made by an officer under subsection 203(1) of the Regulations with respect to the foreign national’s employment with that employer in an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification and the assessment provided by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked, or

11 Subparagraph 30(1)(c)(ii) of the Instructions is replaced by the following:

• (ii) an eligible credential from a university-level program at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required, or

12 The Instructions are amended by adding the following after section 32:

Transitional Provisions

National Occupational Classification codes

33 (1) A foreign national who submitted to the Minister, prior to November 16, 2022, an expression of interest in respect of the federal skilled worker class, the Canadian experience class or the federal skilled trades class referred to in subsections 75(1), 87.1(1) or 87.2(2) of the Regulations, respectively, and who was not issued an invitation before that date must update their expression of interest with the applicable five-digit codes referred to in paragraphs 15(4)(a), 19(5)(a) or 25(2)(a) of these Instructions to be eligible to be issued an invitation on or after November 16, 2022.

Provincial nominee class

(2) A member of the provincial nominee class referred to in subsection 87(2) of the Regulations who submitted an expression of interest prior to November 16, 2022 and who was not issued an invitation before that date must update their expression of interest with the five-digit code 93888 instead of the codes referred to in paragraphs 15(4)(a), 19(5)(a) or 25(2)(a) of these Instructions to be eligible to be issued an invitation on or after November 16, 2022.

Nomination certificate

(3) A member of the provincial nominee class referred to in subsection 87(2) of the Regulations whose nomination certificate was issued on the basis of an application for nomination made to the government of a province before November 16, 2022 must specify in any expression of interest submitted to the Minister on or after that date the five-digit code 93888 instead of the codes referred to in paragraphs 15(4)(a), 19(5)(a) or 25(2)(a) of these Instructions.