Public policy concerning economic class permanent residence applicants and Express Entry candidates whose language proficiency cannot be tested in all four language skill areas due to a physical or mental disability

Background

This public policy exempts applicants for permanent residence under the economic immigration programs under subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) and Express Entry candidates, both principal and accompanying spouse or common-law partner, who are unable to complete evaluations in all four language skill areas due to a physical or mental disability, from having to provide evaluation results from a designated organization or institution in up to three of four language skill areas. Instead, Citizenship and Immigration Canada (CIC) will accept notionalized scores using a calculator tool supplied by CIC.

Public Policy

Delegated officers are to consider applying this public policy to individuals who:

• were unable to complete language evaluations, administered by a designated organization or institution designated under subsection 74(3) of the Immigration and Refugee Protection Regulations (IRPR), in all four language skill areas, due to a physical or mental disability;
• provided documentation which supports the claim that they could not complete evaluations in the language skill area(s) for which scores could not be provided; and
• have an evaluation result in at least one language skill area issued by an organization or institution designated under subsection 74(3) of the IRPR.

Application of this public policy permits the acceptance of a notionalized score, based on the average of evaluation results in the language skill area(s) that could be completed, in lieu of up to three of the four language skill areas that could not be evaluated due to physical or mental disability. The notionalized score(s) will be determined using the Citizenship and Immigration Canada online calculator.

The language evaluation results, both those that could be completed and the notionalized score(s), will be considered in the same manner as any other language evaluation results. This policy does not authorize acceptance of notionalized scores in lieu of results of language skill area evaluations that the applicant was able to complete.

Pursuant to section 25.2 of the Immigration and Refugee Protection Act (IRPA), I hereby establish that there are public policy considerations warranting an exemption for candidates, both principal and accompanying spouse or common-law partner, who are unable to complete evaluations in all four language skill areas due to a physical or mental disability, from having to provide evaluation results issued by an organization or institution designated under subsection 74(3) of the Immigration and Refugee Protection Regulations (IRPR), and accepting notionalized scores in lieu of original evaluations for up to three of four language skill areas where required or permitted under the IRPA and IRPR with respect to applications for economic immigration programs as referred to in subsection 12(2) of the IRPA and where required or permitted under sections 13, 14, 18, 21, 23, and 26 of the Ministerial Instructions Respecting the Express Entry System, issued under s.10.3(1) of the IRPA.

A delegated officer is to consider granting an exemption from the requirements stated above, in accordance with the public policy considerations.

This public policy is effective January 1, 2015 until revoked by the Minister of Citizenship and Immigration.

The Honourable Chris Alexander
Canada’s Minister of Citizenship and Immigration
Dated at Ottawa, this 31^st day of December, 2014