Federal Skilled Workers selection criteria - Arranged employment: Awarding points for applications received before May 4, 2013

Pursuant to R82, 10 points will be awarded if the applicant is in one of the situations described in the following table, and the applicant:

• has submitted the necessary documentation (note that in the third and fourth instances of arranged employment described below, Employment and Social Development Canada (ESDC) will communicate the approved job offer to the visa office electronically). To verify the ESDC information, the user must ensure the ESDC file # is entered in the ESDC File # field under the Economic Column in the IMM screen. Officers should click on the ESDC view tab and click on Refresh in order to obtain the latest ESDC information. Alternatively, if the file number is not available, the user can search in the SEARCH > Employment Validation screen by entering the applicant’s name and DOB information.
• is able to perform and is likely to accept and carry out the employment. Officers may take into account the applicant’s education and training, background, and prior work experience to determine if the applicant meets this requirement. If they have any concerns about the applicant’s ability or likelihood to accept and carry out the employment, they will communicate these to the applicant and provide the opportunity to respond.

Note: Arranged employment points are only awarded for occupations listed in Skill Type 0 or Skill Level A or B of the NOC. If employment is arranged and the required documentation submitted between application and assessment, officers will award the points for arranged employment.

10 points are awarded for the following arranged employment types

R82(2)(a) - Applicant is currently working in Canada on an ESDC-confirmed (labour market impact assessment) temporary work permit (including sectoral confirmations)

AND

• the work permit is valid at the time of the permanent resident visa application and at the time the visa is issued; and
• the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued.

R82(2)(b) - Applicant is currently working in Canada

• in a confirmation-exempt category under the North America Free Trade Agreement, the General Agreement on Trade and Services, or the Canada-Chile Free Trade Agreement;
• in a significant-benefit category, such as an intra-company transferee
• in the category where limited access to the labour market is granted for public policy reasons (i.e., post-graduate work, spouse/common-law partner of temporary skilled worker/foreign student, etc.).

  AND

• the work permit is valid at the time of the permanent resident visa application and at the time the visa is issued; and
• the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued.

R82(2)(c) - Applicant does not intend to work in Canada before being issued a permanent resident visa and does not hold a work permit

AND

• the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued and the job offer has been approved by an officer based on an ESDC arranged employment opinion as outlined in R82(2)(c)
• the officer is satisfied that the applicant is capable of performing the employment being offered to them.

R82(2)(d) - Applicant holds a work permit

• the circumstances referred to in R82(2)(a) or (b) do not apply—for example the applicant has a job offer from an employer other than the one for whom they are currently working; or
• the applicant’s job is in a confirmation-exempt category other than those outlined in R82(2)(b).

  AND

• the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued and the job offer has been approved by an officer based on an ESDC arranged employment opinion as outlined in R82(2)(c)
• the officer is satisfied that the applicant is capable of performing the employment being offered to them.