The Federal Skilled Worker Program:
Under the principles of the Skilled Worker Stream, the applicant is measured according to criteria of education, skills, employment history, language skills and other similar criteria. Under this program, an application is made on behalf of the Principal Applicant, and his accompanying family members. The applicant must meet the threshold requirement and only then will he or she be assessed according to the substantive criteria of the program.
The scoring system used to evaluate the applicant is designed to promote objectivity in the assessment process. A candidate that is evaluated according to an external assessment system, is less reliant on the vast discretionary powers of the immigration officer examining the case.
The immigration officer will examine the applicant and his claims for a certain score deserving. The immigration officer is free to award the score he deems fit in each of the examination criteria. A passing score is determined by the minister by way of regulations and is yet another tool in the tool box of the administrative rank to flexibly cope with the needs and trends of the Canadian market without having to resort to a lengthy process of legislation. In early 2013 substantive changes have been introduced into the scoring system that indicate a shift of yet additional weight to the age of the applicant and proven language skills.
The immigration regulations have set the following criteria for the scoring system:
- Arranged Employment in Canada;
- Adaptability;
- Control over Canadian official languages, English and French;
- Education Level;
- Employment History – a distinction exist between Canadian employment history and foreign employment history;
- The Age of the Applicant.
A comparative look over the division of weight awarded to the various criteria today and in former years, clearly indicates that the emphasis has moved to the applicant’s age, education level and language skills.
Division of points within the scoring system as of 2013:
- Education – up to 25 points;
- Command of Canadian Official Languages: English and French – up to 15 points;
- Employment History – up to 15 points;
- Age of the Candidate – up to 12 points;
- Arranged Employment in Canada – up to 10 points;
- Adaptability – up to 10 points.
In the applicant’s arguments for points deserving, it is imperative to establish a well-founded case according to established practice guidelines.
There is no right of appeal to the immigration administrative tribunal over the decision of an immigration officer. As such, the only remedy available to an applicant that has been refused is to seek judicial review at the Federal Court, a process in which representation is reserved solely for lawyers.