ARCHIVED - Ministerial Instructions respecting the Express Entry system – June 26, 2018 to August 30, 2020

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

Ottawa, June 20, 2018

Ahmed D. Hussen
Minister of Citizenship and Immigration

Interpretation

Definitions

1 The following definitions apply in these Instructions.

“accompanying spouse or common-law partner”
« époux ou conjoint de fait accompagnant l’étranger »

“accompanying spouse or common-law partner”, in respect of a foreign national, means the foreign national’s spouse or common-law partner who is accompanying him or her to Canada and who is not a Canadian Citizen or a permanent resident.

“Act”
« Loi »

“Act” means the Immigration and Refugee Protection Act.

“Canadian citizen”
« citoyen canadien »

“Canadian citizen” has the same meaning as in section 2 of the Regulations.

“Canadian educational credential”
« diplôme candien »

“Canadian educational credential” has the same meaning as in subsection 73(1) of the Regulations.

“Canadian Language Benchmarks”
« Canadian Language Benchmarks »

“Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations.

“common-law partner”
« conjoint de fait »

“common-law partner” has the same meaning as in subsection 1(1) of the Regulations.

“invitation”
« invitation »

“invitation” means an invitation to make an application for permanent residence that is issued by the Minister under subsection 10.1(1) of the Act.

“language skill area”
« habileté langagière »

“language skill area” has the same meaning as in subsection 73(1) of the Regulations.

“National Occupational Classification”
« Classification nationale des professions »

“National Occupational Classification” has the same meaning as in section 2 of the Regulations.

“official language”
« langue officielle »

“official language” means an official language of Canada.

“Niveaux de compétence linguistique canadiens”
« Niveaux de compétence linguistique canadiens »

“Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.

“qualifying offer of arranged employment”
« offre d’emploi réservé admissible »

“qualifying offer of arranged employment” means any offer of employment referred to in subsection 29(2).

“Regulations”
« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

General

Classes of foreign nationals

2 Subsection 10.1(1) of the Act applies in respect of

• (a) the federal skilled worker class referred to in subsection 75(1) of the Regulations;
• (b) the Canadian experience class referred to in subsection 87.1(1) of the Regulations;
• (c) the federal skilled trades class referred to in subsection 87.2(2) of the Regulations; and
• (d) members of the provincial nominee class referred to in subsection 87(2) of the Regulations who are nominated by the government of one of the following provinces under its provincial nominee program express entry stream:
  • (i) Ontario,
  • (ii) Nova Scotia,
  • (iii) New Brunswick,
  • (iv) Manitoba,
  • (v) British Columbia,
  • (vi) Prince Edward Island,
  • (vii) Saskatchewan,
  • (viii) Alberta,
  • (ix) Newfoundland and Labrador,
  • (x) Yukon, and
  • (xi) Northwest Territories.

Electronic System

3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.

Functions of electronic system

(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used

• (a) to create the express entry pool which contains the expressions of interest submitted by foreign nationals;
• (b) to notify any foreign national who has an expression of interest in the express entry pool of matters relating to their expression of interest, including
  • (i) whether the foreign national meets the requirements of subsection 5(1),
  • (ii) the number of points assigned to the foreign national under the Comprehensive Ranking System, and
  • (iii) whether the foreign national has been issued an invitation;
• (c) for the purpose of the Comprehensive Ranking System referred to in section 8, including to determine
  • (i) the rank of the foreign national relative to other foreign nationals, and
  • (ii) whether the foreign national occupies the rank required in order to be issued an invitation;
• (d) to automatically transfer the information provided by the foreign national in their expression of interest to an electronic application for permanent residence made by the foreign national under section 12.01 of the Regulations, if the foreign national is issued an invitation; and
• (e) to carry out these Instructions.

Information required

(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including

• (a) the results, which must be less than two years old, of any language test which is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection; and
• (b) if applicable, the results, which must be less than five years old, of any assessment of the equivalency of their educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations.

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.

Expression of interest — submission by other means

(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Day and time of receipt

(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.

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.

Updates to expression of interest

(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.

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.

Validity period

6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.

Disclosure to province

7 (1) The Minister may, for the purpose of section 10.4 of the Act, disclose to officials responsible for the administration of the provincial nominee program of a province referred to in paragraph 2(d) the following personal information in respect of a foreign national:

• (a) their express entry profile number;
• (b) their surname and date of birth, in a case where the province is conducting a search using the express entry profile number and job seeker validation code provided to them by the foreign national;
• (c) their age;
• (d) the day on which their expression of interest was submitted;
• (e) the day on which their expression of interest expires;
• (f) an indication of whether they have a relative who is a Canadian citizen or a permanent resident and is residing in Canada;
• (g) the province of residence of their relatives who live in Canada and are Canadian citizens or permanent residents and their relationship to those relatives;
• (h) their primary occupation;
• (i) their job seeker validation code;
• (j) the classes referred to in paragraphs 2(a) to (c) for which they qualify;
• (k) an indication of whether they have a qualifying offer of arranged employment and, if so, an indication of whether that offer is for work within the province;
• (l) the four-digit code in the National Occupational Classification that corresponds to the occupation referred to in any qualifying offer of arranged employment they have received;
• (m) their years of work experience in one or more occupations listed in the National Occupational Classification matrix at Skill Type 0 Management Occupations or Skill Levels A or B;
• (n) their years of work experience in Canada in an occupation or occupations listed in the National Occupational Classification matrix at Skill Type 0 Management Occupations or Skill Levels A or B;
• (o) their years of work experience in a skilled trade;
• (p) an indication of whether they have a certificate of qualification in a trade occupation issued in Canada;
• (q) their highest level of education;
• (r) an indication of whether they have studied in Canada;
• (s) their language proficiency in English and French in all language skill areas;
• (t) the number of family members who are accompanying them to Canada;
• (u) an indication of whether they have been assessed as having the minimum necessary income;
• (v) the official language they specified as their first official language; and,
• (w) the number of points they were assigned under the Comprehensive Ranking System for each category of factors.

Definitions

(2) The following definitions apply in this section.

“family member”
« membre de la famille »

“family member” has the same meaning as in subsection 1(3) of the Regulations.

“minimum necessary income”
« revenue vital minimum »

“minimum necessary income” means the amount identified, in the most recent edition of the publication concerning low-income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons consisting of a foreign national and their family members.

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.

9 [Repealed, June 6, 2017, s. 7]

Points for Core Human Capital Factors

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:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national is 17 years of age or less,
  • (ii) 99 points, if the foreign national is 18 years of age,
  • (iii) 105 points, if the foreign national is 19 years of age,
  • (iv) 110 points, if the foreign national is 20 to 29 years of age,
  • (v) 105 points, if the foreign national is 30 years of age,
  • (vi) 99 points, if the foreign national is 31 years of age,
  • (vii) 94 points, if the foreign national is 32 years of age,
  • (viii) 88 points, if the foreign national is 33 years of age,
  • (ix) 83 points, if the foreign national is 34 years of age,
  • (x) 77 points, if the foreign national is 35 years of age,
  • (xi) 72 points, if the foreign national is 36 years of age,
  • (xii) 66 points, if the foreign national is 37 years of age,
  • (xiii) 61 points, if the foreign national is 38 years of age,
  • (xiv) 55 points, if the foreign national is 39 years of age,
  • (xv) 50 points, if the foreign national is 40 years of age,
  • (xvi) 39 points, if the foreign national is 41 years of age,
  • (xvii) 28 points, if the foreign national is 42 years of age,
  • (xviii) 17 points, if the foreign national is 43 years of age,
  • (xix) 6 points, if the foreign national is 44 years of age, and
  • (xx) 0 points, if the foreign national is 45 years of age or more; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national is 17 years of age or less,
  • (ii) 90 points, if the foreign national is 18 years of age,
  • (iii) 95 points, if the foreign national is 19 years of age,
  • (iv) 100 points, if the foreign national is 20 to 29 years of age,
  • (v) 95 points, if the foreign national is 30 years of age,
  • (vi) 90 points, if the foreign national is 31 years of age,
  • (vii) 85 points, if the foreign national is 32 years of age,
  • (viii) 80 points, if the foreign national is 33 years of age,
  • (ix) 75 points, if the foreign national is 34 years of age,
  • (x) 70 points, if the foreign national is 35 years of age,
  • (xi) 65 points, if the foreign national is 36 years of age,
  • (xii) 60 points, if the foreign national is 37 years of age,
  • (xiii) 55 points, if the foreign national is 38 years of age,
  • (xiv) 50 points, if the foreign national is 39 years of age,
  • (xv) 45 points, if the foreign national is 40 years of age,
  • (xvi) 35 points, if the foreign national is 41 years of age,
  • (xvii) 25 points, if the foreign national is 42 years of age,
  • (xviii) 15 points, if the foreign national is 43 years of age,
  • (xix) 5 points, if the foreign national is 44 years of age, and
  • (xx) 0 points, if the foreign national is 45 years of age or more.

Maximum number of points

(2) The maximum number of points that may be assigned under

• (a) paragraph 1(a) is 110 points; and
• (b) paragraph 1(b) is 100 points.

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:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national has less than a secondary school credential,
  • (ii) 30 points, if the foreign national has a secondary school credential,
  • (iii) 90 points, if the foreign national has a one-year post-secondary program credential,
  • (iv) 98 points, if the foreign national has a two-year post-secondary program credential,
  • (v) 120 points, if the foreign national has a post-secondary program credential of three years or more,
  • (vi) 128 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
  • (vii) 135 points, if the foreign national has a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is required, and
  • (viii) 150 points, if the foreign national has a university-level credential at the doctoral level; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, if the foreign national has less than a secondary school credential,
  • (ii) 28 points, if the foreign national has a secondary school credential,
  • (iii) 84 points, if the foreign national has a one-year post-secondary program credential,
  • (iv) 91 points, if the foreign national has a two-year post-secondary program credential,
  • (v) 112 points, if the foreign national has a post-secondary program credential of three years or more,
  • (vi) 119 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
  • (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 the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is require , and
  • (viii) 140 points, if the foreign national has a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1),

• (a) their educational credentials must be Canadian educational credentials; or
• (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.

Maximum points

(4) The maximum number of points that may be assigned under

• (a) paragraph (1)(a) is 150 points; and
• (b) paragraph (1)(b) is 140 points.

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.

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.

First and second official languages

(2) In order to be assigned points under subsection (1) for their official language proficiency, the foreign national

• (a) must specify which official language is to be considered their first official language and which official language is to be considered their second official language; and
• (b) must provide, with respect to those languages, 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.

Two year duration

(3) When the results of a language test referred to in paragraph (2)(b) 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 is to be adjusted accordingly.

Basis for assigning points

(4) The points that are assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points that are assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

First official language proficiency

13 (1) The points that are to be assigned for proficiency in each of the language skill areas in the first 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:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points for being assessed at less than level 4,
  • (ii) 6 points for being assessed at level 4 or 5,
  • (iii) 9 points for being assessed at level 6,
  • (iv) 17 points for being assessed at level 7,
  • (v) 23 points for being assessed at level 8,
  • (vi) 31 points for being assessed at level 9, and
  • (vii) 34 points for being assessed at level 10 or higher; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points for being assessed at less than level 4,
  • (ii) 6 points for being assessed at level 4 or 5,
  • (iii) 8 points for being assessed at level 6,
  • (iv) 16 points for being assessed at level 7,
  • (v) 22 points for being assessed at level 8,
  • (vi) 29 points for being assessed at level 9, and
  • (vii) 32 points for being assessed at level 10 or higher.

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under

• (a) paragraph (1)(a) is 34 points; and
• (b) paragraph (1)(b) is 32 points.

Maximum points for first official language

(3) The maximum number of points that may be assigned for all language skill areas, taken together, in the first official language of the foreign national under

• (a) paragraph (1)(a) is 136 points; and
• (b) paragraph (1)(b) is 128 points.

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:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points for being assessed at level 4 or less,
  • (ii) 1 point for being assessed at level 5 or 6,
  • (iii) 3 points for being assessed at level 7 or 8, and
  • (iv) 6 points for being assessed at level 9 or higher; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points for being assessed at level 4 or less,
  • (ii) 1 point for being assessed at level 5 or 6,
  • (iii) 3 points for being assessed at level 7 or 8, and
  • (iv) 6 points for being assessed at level 9 or higher.

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under paragraph (1)(a) or (b) is 6 points.

Maximum points for second official language

(3) The maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language of the foreign national under

• (a) paragraph (1)(a) is 24 points; and
• (b) paragraph (1)(b) is 22 points.

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:

• (a) for a foreign national who has no accompanying spouse or common-law partner
  • (i) 0 points, for no Canadian work experience or less than one year of such experience,
  • (ii) 40 points, for one year of Canadian work experience,
  • (iii) 53 points, for two years of Canadian work experience,
  • (iv) 64 points, for three years of Canadian work experience,
  • (v) 72 points, for four years of Canadian work experience, and
  • (vi) 80 points, for five or more years of Canadian work experience; and
• (b) for a foreign national who has an accompanying spouse or common-law partner
  • (i) 0 points, for no Canadian work experience or less than one year of such experience,
  • (ii) 35 points, for one year of Canadian work experience,
  • (iii) 46 points, for two years of Canadian work experience,
  • (iv) 56 points for three years of Canadian work experience,
  • (v) 63 points, for four years of Canadian work experience, and
  • (vi) 70 points, for five or more years of Canadian work experience.

Maximum points

(2) The maximum number of points that may be assigned under

• (a) paragraph (1)(a) is 80 points; and
• (b) paragraph (1)(b) is 70 points.

Canadian work experience

(3) For the purposes of this section, Canadian work experience is work experience that

• (a) is acquired by a foreign national in Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers;
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under subsection (1); and
• (d) is remunerated by the payment of wages or a commission.

Requirements

(4) In order to be assigned points under subsection (1) for their Canadian work experience, a foreign national

• (a) must specify in their expression of interest the four-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
• (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

Full-time work

(5) For the purposes of this section, full-time work consists of at least 30 hours of work per week.

Work in excess

(6) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(7) For the purposes of this section,

• (a) a period of employment during which the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
• (b) a period of self-employment or unauthorized work is not to be included in calculating a period of work experience;
• (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
• (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

16 [Repealed, June 6, 2017, s. 14]

Points for Accompanying Spouse or Common-law Partner Factors

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:

• (a) 0 points, if their accompanying spouse or common-law partner has less than a secondary school credential;
• (b) 2 points, if their accompanying spouse or common-law partner has a secondary school credential;
• (c) 6 points, if their accompanying spouse or common-law partner has a one-year post-secondary program credential;
• (d) 7 points, if their accompanying spouse or common-law partner has a two-year post-secondary program credential;
• (e) 8 points, if their accompanying spouse or common-law partner has a post-secondary program credential of three years or more;
• (f) 9 points, if their accompanying spouse or common-law partner has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more;
• (g) 10 points, if their accompanying spouse or common-law partner has a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is required; and
• (h) 10 points, if their accompanying spouse or common-law partner has a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained by the accompanying spouse or common-law partner.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1) for the educational credentials of their accompanying spouse or common-law partner,

• (a) the educational credentials of that spouse or common-law partner must be Canadian educational credentials; or
• (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.

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.

Maximum points

(5) The maximum number of points that may be assigned under subsection (1) is 10 points.

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.

First official language

(2) In order for points to be assigned to a foreign national for the official language proficiency of their accompanying spouse or common-law partner

• (a) the foreign national must specify which official language is to be considered the first official language of that spouse or common-law partner; and
• (b) the foreign national must provide, with respect to their spouse or common-law partner’s first official language, 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.

Two year duration

(2.1) When the results of a language test referred to in paragraph (2)(b) 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 is to be adjusted accordingly.

Basis for assigning points

(3) The points assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

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:

• (a) 0 points for being assessed at level 4 or less;
• (b) 1 point for being assessed at level 5 or 6;
• (c) 3 points for being assessed at level 7 or 8; and
• (d) 5 points for being assessed at level 9 or higher.

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.

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:

• (a) 0 points, if their accompanying spouse or common-law partner has no Canadian work experience or less than one year of such experience;
• (b) 5 points, if their accompanying spouse or common-law partner has one year of Canadian work experience;
• (c) 7 points, if their accompanying spouse or common-law partner has two years of Canadian work experience;
• (d) 8 points, if their accompanying spouse or common-law partner has three years of Canadian work experience;
• (e) 9 points, if their accompanying spouse or common-law partner has four years of Canadian work experience; and
• (f) 10 points, if their accompanying spouse or common-law partner has five or more years of Canadian work experience.

Maximum points

(2) The maximum number of points that may be assigned under subsection (1) is 10 points.

(3) [Repealed, May 30, 2015, ss. 2(1)]

Canadian Work Experience

(4) For the purpose of this section, Canadian work experience is work experience that

• (a) is acquired by the accompanying spouse or common-law partner of the foreign national in Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers; and
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under subsection (1); and
• (d) is remunerated by the payment of wages or a commission.

Requirements

(5) In order for the foreign national to be assigned points under subsection (1) for the Canadian work experience of their accompanying spouse or common-law partner,

• (a) the foreign national must specify in their expression of interest the four-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
• (b) the spouse or common-law partner must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

Full-time work

(6) For the purposes of this section, full-time work consists of at least 30 hours of work per week.

Work in excess

(7) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(8) For the purposes of this section,

• (a) a period of employment during which the accompanying spouse or common-law partner of the foreign national was engaged in full-time study is not to be included in calculating a period of work experience;
• (b) a period of self-employment or unauthorized work by the accompanying spouse or common-law partner of the foreign national is not to be included in calculating a period of work experience.
• (c) the accompanying spouse or common-law partner of the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training; and
• (d) the full-time equivalent for part-time work experience is 30 hours of work per week.

20 [Repealed, June 6, 2017, s. 18]

Points for Skill Transferability Factors

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:

• (a) 0 points, if the foreign national has a secondary school credential, regardless of their proficiency in their first official language;
• (b) 13 points, if the foreign national has a post-secondary program credential of one or more years and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
• (c) 25 points, if the foreign national has a post-secondary program credential of one or more years and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
• (d) 25 points, if the foreign national’s proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9 and they have
  • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
  • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) a university-level credential at the doctoral level; and
• (e) 50 points, if the foreign national’s proficiency in their first official language is assessed at level 9 or higher in all language skill areas and they have
  • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
  • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

Clarification — level of education

(3) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Clarification — official language proficiency

(4) Subsections 12(1) to (4) apply in respect of proficiency in a first official language referred to in subsection (1), with any necessary modifications.

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:

• (a) 0 points, if the foreign national has a secondary school credential, regardless of their Canadian work experience;
• (b) 13 points, if the foreign national has a post-secondary program credential of one year or more and one year of Canadian work experience;
• (c) 25 points, if the foreign national has a post-secondary program credential of one year or more and two or more years of Canadian work experience;
• (d) 25 points, if the foreign national has one year of Canadian work experience and
  • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
  • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) a university-level credential at the doctoral level; and
• (e) 50 points, if the foreign national has two or more years of Canadian work experience and
  • (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
  • (ii) a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) a university-level credential at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

(3) [Repealed, June 6, 2017, ss. 20(2)]

Clarification — Canadian work experience

(4) Subsections 15(3) to (7) apply in respect of Canadian work experience referred to in subsection (1), with any necessary modifications.

Clarification — level of education

(5) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

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:

• (a) 0 points, if the foreign national has no foreign work experience, regardless of their proficiency in their first official language;
• (b) 13 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
• (c) 25 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
• (d) 25 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9; and
• (e) 50 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas.

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:

• (a) 0 points, if the foreign national has no foreign work experience, regardless of their Canadian work experience;
• (b) 13 points, if the foreign national has one or two years of foreign work experience and one year of Canadian work experience;
• (c) 25 points, if the foreign national has one or two years of foreign work experience and two or more years of Canadian work experience;
• (d) 25 points, if the foreign national has three or more years of foreign work experience and one year of Canadian work experience; and
• (e) 50 points, if the foreign national has three or more years of foreign work experience and two or more years of Canadian work experience.

(2) [Repealed, June 6, 2017, ss. 22(2)]

Elaboration — Canadian work experience

(3) Subsections 15(3) to (7) apply in respect of Canadian work experience that is referred to in subsection (1), with any necessary modifications.

Foreign work experience

25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

• (a) is acquired by a foreign national outside Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
• (b) consists of full-time work experience, or the full-time equivalent for part-time work experience, with one or more employers;
• (c) is acquired within the 10-year period preceding the day on which points are assigned to the foreign national under section 23 or subsection 24(1); and
• (d) is remunerated by the payment of wages or a commission.

Requirements

(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national

• (a) must specify in their expression of interest the four-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
• (b) must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, as well as a substantial number of the main duties, including all essential duties, as set out in the National Occupational Classification.

Full-time work

(3) For the purposes of paragraph (1)(b), full-time work consists of at least 30 hours of work per week.

Work in excess

(4) For the purposes of sections 23 and 24, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

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:

• (a) 25 points, if the foreign national has such a certificate and is assessed overall in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 5 or higher on all language skill areas, with one or more areas assessed under level 7; and
• (b) 50 points, if the foreign national is assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 7 or higher on all language skill areas.

Requirements

(2) In order for a foreign national to be assigned points under subsection (1), the foreign national

• (a) must hold a valid certificate of qualification in a trade occupation issued by a competent provincial or federal authority; and
• (b) must be assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at level 5 or higher in all language skill areas.

(3) [Repealed, June 6, 2017, ss. 23(3)]

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).

27.1 [Repealed, June 6, 2017, s. 24]

Points for Additional Factors

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

• (a) verified by the province; and
• (b) accepted by the foreign national.

Nomination revoked or declined

(2) If the nomination certificate is revoked by the province that issued it, or if the foreign national declines the nomination, they are no longer entitled to the 600 points under subsection (1) in respect of that certificate and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for qualifying offer of arranged employment

29 (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows:

• (a) 200 points, if the offer is for employment in an occupation contained in Major Group 00 of the National Occupation Classification matrix; or
• (b) 50 points, if the offer is any other qualifying offer of arranged employment.

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

• (a) an arranged employment as defined in subsection 82(1) of the Regulations, if
  • (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of the employer or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
  • (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 Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix 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
  • (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;
• (b) an offer of continuous full-time employment for a total duration of at least one year from the day on which a permanent resident visa is issued in a skilled trade occupation as defined in subsection 87.2(1) of the Regulations that is made to the foreign national by up to two employers, neither of which is an embassy, high commission or consulate in Canada or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations if
  • (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of one or two employers or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
  • (ii) the foreign national holds a valid work permit, the offer is made by up to two employers who are specified on the work permit, the foreign national currently works for one of those employers, the work permit was issued on the basis of a positive determination by an officer under subsection 203(1) of the Regulations with respect to their employment with their current employer, the assessment by the Department of Employment and Social Development on which the determination is based is not revoked or suspended, and the offer is in a skilled trade occupation that is in the same minor group set out in the National Occupational Classification as the occupation specified on the work permit, or
  • (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.

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for Canadian educational credential

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

• (a) 0 points, if the foreign national has a secondary school educational credential;
• (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
• c) 30 points, if the foreign national has
  • (i) an eligible credential from a post-secondary program of three years or more,
  • (ii) an eligible credential from a university-level program at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) an eligible credential from a university-level program at the doctoral level.

Highest level of education

(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements

(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

• (a) studied in Canada at a Canadian educational institution;
• (b) was enrolled in full-time study or training for at least eight months; and
• (c) was physically present in Canada for at least eight months.

Eligible credentials

(4) For the purpose of this section, an eligible credential is one of the following:

• (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution;
• (b) a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
• (c) a Bachelor’s, Master’s or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.

Exceptions

(5) For the purpose of this section, the following are not eligible credentials:

• (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
• (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
• (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.

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.

33 [Repealed, November 19, 2016, s. 14]

34 [Repealed, November 19, 2016, s. 14]