Federal Skilled Trades Selection Criteria – Employment Requirements in a Skilled Trade Occupation

Colin R. Singer
March 25, 2016

Selection Criteria – The Employment Requirements in a Skilled Trade Occupation

All applicants in the Federal Skilled Trades (FST) Class would need to meet the relevant employment requirements of the skilled trade occupation specified in the application for permanent residence as specified in the National Occupation Classification (NOC). One requirement that these applicants would not need to meet is the requirement to obtain a certificate of qualification issued by a competent provincial or territorial authority. This is in accordance with the provisions specified in R87.2 (3) (c) – refer to Appendix D.

It is worth noting that the relevant employment requirements could typically include:

Education
Training
The required work experience and,
Any other qualifications as specified in the National Occupation Classification (NOC)

Selection Criteria – The Offer of Employment or Certificate of Qualification in a Skilled Trade Occupation

All applicants under the Federal Skilled Trades (FST) Class would need to meet at least one of the following requirements. This is in accordance with the provisions specified in R87.2 (3) (d) – refer to Appendix D. They would need to:

Hold a certificate of qualification issued by a competent Canadian provincial or territorial authority in the skilled trade occupation specified in their application (refer to Appendix E) or,
Have an offer of employment from up to two employers for continuous, full-time work in Canada for a total duration of at least one year in the skilled trade occupation that they have specified in their application

The officers would regard the foreign national as having a valid offer of employment in the following circumstances.

The Applicant’s Employment Status in Canada	Additional Requirements
Currently working in Canada on a work permit issued by Citizenship and Immigration Canada (CIC) based on a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) [according to the provisions specified in R87.2 (3) (d) (ii) – refer to Appendix D]	The applicant must be working for any employer listed on the work permit The applicant must be working for any of the employers included in the Group of Employers (GOE) if the work permit specifies a Group of Employers (GOE) The work permit must be valid at the time of the application for permanent residence The applicant must be holding an offer of employment for at least one year of continuous, full-time work in the skilled trade occupation mentioned in their application. The work would need to be the same, or in the same minor National Occupation Classification (NOC) – the three-digit National Occupation Classification (NOC) – as the occupation specified on the work permit and, The offer of employment must come from up to two employers, neither of whom must appear on the list referred to in R203 (6) and whose names appear on the work permit – refer to Appendix F The employers must not be an embassy, a consulate or a high commission in Canada
Currently working in Canada on a work permit in a job that is exempt from the Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA) requirement under an international agreement based on the provisions specified in R204 (a) or R204 (c) [refer to Appendix G] and R87.2 (3) (d) (iii) [refer to Appendix D]	The applicant must be working for any employer listed on the work permit The work permit must be valid at the time of the application for permanent residence The applicant must be holding an offer of employment for at least one year of continuous, full-time work in the skilled trade occupation mentioned in their application. The work would need to be the same, or in the same minor National Occupation Classification (NOC) – the three-digit National Occupation Classification (NOC) – as the occupation specified on the work permit and, The offer of employment must come from up to two employers, neither of whom must appear on the list referred to in R203 (6) and whose names appear on the work permit – refer to Appendix F The employers must not be an embassy, a consulate or a high commission in Canada
Does not hold a valid work permit and does have the relevant authorisation for working in Canada under R186 (refer to Appendix H) at the time of the application for permanent residence, based on the provisions specified in R87.2 (3) (d) (iv) – refer to Appendix D	Up to two employers, neither of whom appears on the list referred to in R203 (6), must have made an offer of employment for at least one year of continuous, full-time work once the authorities issue a permanent resident visa (if applicable) [refer to Appendix F] The employers must not be an embassy, a consulate or a high commission in Canada The offer of employment for full-time work in a skilled trade occupation should have the relevant approval in the form of a positive Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA)
Either holds a work permit or has the authorisation for working in Canada under the provisions specified in R186 (refer to Appendix H) at the time of the application for permanent residence as mentioned in R87.2 (3) (d) (v)	It is worth noting that the circumstances referred to in R87.2 (3) (ii) (b) and R87.2 (3) (ii) (c) do not apply For instance, the applicant might not currently be working for the employer specified on the applicant’s Labour Market Impact Assessment (LMIA) work permit or the applicant might not be holding an offer of employment in the same occupation or of an occupation in the same minor National Occupation Classification (NOC) group i.e. the three-digit National Occupation Classification (NOC) as the occupation specified on their work permit AND, The circumstances referred to in R87.2 (3) (iv) (a) and R87.2 (3) (iv) (b) do not apply As such, up to two employers that do not appear on the list referred to in R203 (6) [refer to Appendix F] have made an offer of employment to the applicant for at least one year of continuous, full-time work once the authorities issue a permanent resident visa (if any) and the offer of employment concerns full-time work in a skilled trade occupation with the relevant approval in the form of a positive Employment and Social Development Canada (ESDC) Labour Market Impact Assessment (LMIA)

Note:

It is worth noting any work permit or authorisation to work in Canada (under the provisions specified in R186) would need to be valid at the time the authorities issue a permanent resident visa (if any)
If applicable, the Labour Market Impact Assessment (LMIA) must be valid on the date the authorities receive the application. If this is not the case, the officers would need to assess the application as having no Labour Market Impact Assessment (LMIA)

Persons interested in applying under the Federal Skilled Trades Class are invited to communicate with us at their convenience and/or to complete an assessment questionnaire. Upon receipt we will assess your options.