Federal skilled trades class: Assessing the application against selection criteria
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The federal skilled trades class (FSTC) is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada as workers in a skilled trade occupation, and who
- intend to reside in a province other than the province of Quebec
- meet the minimum language proficiency threshold set by the Minister for proficiency in English or French for each of the four language skill areas
- have acquired at least two years of full-time work experience (or the equivalent in part-time work experience) in the skilled trade occupation specified in the application for permanent residence during the five years before the date of the application. This work experience must have been acquired after becoming qualified to independently practice that occupation, according to the regulations in place where the work was performed
- have met the relevant employment requirements of that skilled trade occupation as set out in the National Occupation Classification (NOC), except for the requirement to obtain a certificate of qualification issued by a competent provincial authority
- have an offer of employment for continuous full-time work for a total period of at least one year from up to two employers in that skilled trade occupation or hold a certificate of qualification in that skilled trade from a Canadian provincial or territorial authority
Requirements for membership in the FSTC are found in subsection R87.2(3) of the Immigration and Refugee Protection Regulations.
Assess applicants against each of the selection criteria (pass/fail test) outlined below, based on the information and documents provided in the application.
Required work experience in a skilled trade occupation
The applicant must have
- at least two years (24 months) of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in their application for permanent residence. The work experience must have taken place during the five years (60 months) before the date of application [R87.2(3)(b)]. The work experience does not need to have been obtained over a continuous period. Any work experience obtained in Canada must have been authorized to count towards meeting the work experience requirement
- performed the actions described in the lead statement for the occupation and a substantial number of the main duties listed in the description of the skilled trade occupation as set out in the NOC, including all of the essential duties. They must have been performed after the applicant qualified to independently practice the skilled trade occupation in the jurisdiction where the work was performed
The applicant does not have to be employed at the time of application.
The applicant must also
- identify the requirements to practice their trade independently in their country or region
- provide evidence of how they met those requirements before gaining the qualifying work experience
Examples
- Plumbers must be certified in Poland before they may practice plumbing independently in that country. A plumber from Poland would need to show proof of their certification and demonstrate that they have at least 2 years of full-time experience in the last 5 years as a certified plumber in Poland.
- In Ontario, carpenters need not be certified to practice carpentry independently. So, a carpenter from Ontario would have to show that they have at least 2 years of full-time carpentry work experience in Ontario in the last 5 years, along with evidence that certification is not required.
Employment requirements in a skilled trade occupation
All applicants in the FSTC must meet the relevant employment requirements of the skilled trade occupation specified in the application for permanent residence as set out in the NOC, except for the requirement to obtain a certificate of qualification issued by a competent provincial/territorial authority [R87.2(3)(c)].
Relevant employment requirements may include education, training, required work experience or other qualifications as set out in the NOC.
Offer of employment or certificate of qualification in a skilled trade occupation
Applicants under the FSTC must meet at least 1 of the following requirements as per paragraph R87.2(3)(d):
-
they hold a certificate of qualification issued by a competent Canadian provincial or territorial authority in the skilled trade occupation specified in their application
-
they have an offer of employment from up to 2 employers for continuous, full-time work in Canada for a total period of at least 1 year in the skilled trade occupation specified in their application
The foreign national has a valid offer of employment in the following circumstances.
Applications received on or before December 31, 2014 (pre-Express Entry)
Applicant's employment status in Canada Additional requirements Currently working in Canada on a work permit issued by IRCC based on a positive labour market impact assessment from Employment and Social Development Canada (ESDC) [R87.2(3)(d)(ii)]
- The applicant is working for any employer specified on the work permit.
- If a Group of Employers (GOE) is listed on the work permit, the applicant can be working for any of the employers included in the GOE.
- The work permit must be valid at the time of the application for permanent residence.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (3-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom appears on the list referred to in subsection R203(6), and who are specified on the work permit.
Currently working in Canada on a work permit in a job that is exempt from the ESDC labour market impact assessment requirement under an international agreement pursuant to paragraph R204(a) or (c) [R87.2(3)(d)(iii)]
- The applicant is working for any employer specified on the work permit.
- The work permit is valid at the time of the application for permanent residence.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (3-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom appears on the list referred to in subsection R203(6), and who are specified on the work permit.
Does not hold a valid work permit and is not authorized to work in Canada under section R186 at the time of the application for permanent residence [R87.2(3)(d)(iv)]
- Up to 2 employers (other than an embassy, high commission or consulate in Canada), neither of whom appears on the list referred to in subsection R203(6), have made an offer of employment for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued.
- The offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive ESDC labour market impact assessment.
Either holds a work permit or is authorized to work in Canada under section R186 at the time of the application for permanent residence [R87.2(3)(d)(v)]
- The circumstances referred to in clauses R87.2(3)(d)(ii)(B) and (C) and subparagraph R87.2(3)(d)(iii) do not apply; for example, the applicant is not currently working for the employer specified on their Labour Market Impact Assessment (LMIA) work permit, or does not hold an offer of employment in the same occupation, or occupation in the same minor NOC group (3-digit NOC) as the occupation specified on their work permit.
- The circumstances referred to in clauses R87.2(3)(d)(iv)(A) and (B) do apply.
For example, up to 2 employers (other than an embassy, high commission or consulate in Canada) that do not appear on the list referred to in subsection R203(6) have made an offer of employment to the applicant for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued, and the offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive ESDC labour market impact assessment.
Note: Any work permit or authorization to work in Canada [R186] must be valid on the date on which their application for permanent residence is made and, at the time a permanent resident visa (if any) is issued.
Note: If applicable, the LMIA must be valid on the date the application is received. If it is not valid, the application should be assessed as having no LMIA.
See Role of ESDC for more information on assessing offers of employment and LMIAs.
Applications received between January 1, 2015, and November 15, 2022 (Express Entry)
Applicant's employment status in Canada Additional requirements Currently working in Canada on a work permit issued by IRCC based on a valid assessment from the ESDC [R87.2(3)(d)(ii)]
- The applicant is working for any employer specified on the work permit
- If a GOE is listed on the work permit, the applicant can be working for any of the employers included in the GOE.
- The work permit must be valid on the date on which their application for permanent residence is made and at the time a permanent resident visa is issued.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (three-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), and who are specified on the work permit.
Currently working in Canada on a work permit in a job that is exempt from the ESDC assessment requirement under an international agreement pursuant to paragraph R204(a) or (c), or R205 [R87.2(3)(d)(iii)]
- The applicant is working for any employer specified on the work permit.
- The work permit is valid on the date on which their application for permanent residence is made and at the time a permanent resident visa is issued.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (3-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), and who are specified on the work permit.
- They have accumulated at least 1 year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer.
Does not hold a valid work permit and is not authorized to work in Canada under section R186 at the time of the application for permanent residence [R87.2(3)(d)(iv)]
- Up to 2 employers (other than an embassy, high commission or consulate in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), have made an offer of employment for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued.
- The offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive assessment provided to the officer by ESDC, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to 2 employers or an officer—that the requirements set out in subsection R203(1) with respect to the offer have been met.
Either holds a work permit or is authorized to work in Canada under section R186 on the date on which their application for permanent residence is made and on the date on which the permanent resident visa is issued. [R87.2(3)(d)(v)]
- The circumstances referred to in clauses R87.2(3)(d)(ii)(B) and (C) and subparagraph R87.2(3)(d)(iii) do not apply; for example, the applicant is not currently working for the employer specified on their LMIA work permit, or does not hold an offer of employment in the same occupation, or occupation in the same minor NOC group (3-digit NOC) as the occupation specified on their work permit.
- The circumstances referred to in clauses R87.2(3)(d)(iv)(A), (B) and (C) do apply.
For example, up to 2 employers (other than an embassy, high commission or consulate in Canada) that do not appear on the list referred to in subsection R203(6) have made an offer of employment to the applicant for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued, and the offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive ESDC labour market impact assessment.
Applications received on or after November 16, 2022
Arranged employment – Transition to NOC 2021
Officers shall remain facilitative during the transition period. If the application was submitted under NOC 2021 and the offer of arranged employment continues to list a NOC 2016 code, the offer of arranged employment remains valid as long as
- it meets all other requirements of the particular type of arranged employment
- the NOC 2016 code listed in the offer falls in a Training, Education, Experience and Responsibilities (TEER) category eligible for the economic immigration program under which the applicant is applying
The NOC 2016 code may be listed under any of the following:
- the job offer letter from the employer
- the Labour Market Impact Assessment (LMIA) (if applicable)
- the work permit issued in an eligible LMIA-exempt category (if applicable)
Given that specific occupation descriptions and classifications will be shifting with the adoption of NOC 2021, officers are required to determine whether the NOC 2016 code provided on the job offer remains eligible under the economic immigration program for which the applicant is being assessed. Officers can use ESDC’s concordance table or the Find your job title, code and TEER tool to validate this information.
Applicant's employment status in Canada Additional requirements Currently working in Canada on a work permit issued by IRCC based on a valid assessment from ESDC [R87.2(3)(d)(ii)]
- The applicant is working for any employer specified on the work permit.
- If a GOE is listed on the work permit, the applicant can be working for any of the employers included in the GOE.
- The work permit must be valid on the date on which their application for permanent residence is made and at the time a permanent resident visa is issued.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (5-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), and who are specified on the work permit.
Currently working in Canada on a work permit in a job that is exempt from the ESDC assessment requirement under an international agreement pursuant to paragraph R204(a) or (c), or R205 [R87.2(3)(d)(iii)]
- The applicant is working for any employer specified on the work permit.
- The work permit is valid on the date on which their application for permanent residence is made and at the time a permanent resident visa is issued.
- The applicant holds an offer of employment for at least 1 year of continuous, full-time work in the skilled trade occupation specified on their application. The work must be the same, or in the same minor NOC group (5-digit NOC), as the occupation specified on their work permit.
- The offer of employment is made by up to 2 employers (other than an embassy, consulate or high commission in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), and who are specified on the work permit.
- They have accumulated at least 1 year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer.
Does not hold a valid work permit and is not authorized to work in Canada under section R186 at the time of the application for permanent residence [R87.2(3)(d)(iv)]
- Up to 2 employers (other than an embassy, high commission or consulate in Canada), neither of whom are referred to in any subparagraphs R200(3)(h)(i) to (iii), have made an offer of employment for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued.
- The offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive assessment provided to the officer by ESDC, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to 2 employers or an officer—that the requirements set out in subsection R203(1) with respect to the offer have been met.
Either holds a work permit or is authorized to work in Canada under section R186 on the date on which their application for permanent residence is made and on the date on which the permanent resident visa is issued[R87.2(3)(d)(v)]
- The circumstances referred to in clauses R87.2(3)(d)(ii)(B) and (C) and subparagraph R87.2(3)(d)(iii) do not apply; for example, the applicant is not currently working for the employer specified on their LMIA work permit, or does not hold an offer of employment in the same occupation, or occupation in the same minor NOC group (5-digit NOC) as the occupation specified on their work permit.
- The circumstances referred to in clauses R87.2(3)(d)(iv)(A), (B) and (C) do apply.
For example, up to 2 employers (other than an embassy, high commission or consulate in Canada) that do not appear on the list referred to in subsection R203(6) have made an offer of employment to the applicant for at least 1 year of continuous, full-time work once a permanent resident visa (if any) is issued, and the offer of employment for full-time work in a skilled trade occupation has been approved in the form of a positive ESDC labour market impact assessment.
Note: Any work permit or authorization to work in Canada [R186] must be valid on the date on which their application for permanent residence is made and, at the time a permanent resident visa (if any) is issued.
Note: If applicable, the LMIA must be valid on the date the application is received. If it is not valid, the application should be assessed as having no LMIA.
See Role of ESDC for more information on assessing offers of employment and LMIAs.
Settlement funds
In addition to the selection criteria stated in subsection R87.2(3), the applicant must also have sufficient funds available for settlement in Canada pursuant to subsection R87.2(5). This requirement is waived if the applicant has a qualifying offer of arranged employment under Express Entry or an offer of employment as defined in subparagraphs R87.2(3)(d)(ii), (iii) and (v).
The funds must be
- available and transferable
- unencumbered by debts or other obligations
- sufficient to support the initial establishment in Canada
Sufficient funds are determined according to the applicant's family size (including both accompanying and non-accompanying dependents), using 50% of the current low income cut-off for urban areas with populations of 500,000 or more.
If the applicant is unable to demonstrate that they have sufficient funds to meet the requirements, the application is refused.
In the event of currency devaluation (reliance on extrinsic evidence), officers are required to follow the rules of procedural fairness.
See also Proof of funds – Skilled immigrants (Express Entry).
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