Definition of Skilled Trade Occupation

The Definition of Skilled Trade Occupation (Section 87.2)

According to Section 87.2, a skilled trade occupation refers to an occupation in the following categories listed in Skill Level B of the National Occupational Classification (NOC) matrix:

• Major Group 72 – Industrial, electrical and construction trades
• Major Group 73 – Maintenance and equipment operation trades
• Major Group 82 – Supervisors and technical occupations in natural resources, agriculture and related production
• Major Group 92 – Processing, manufacturing and utilities supervisors and central control operators
• Minor Group 632 – Chefs and cooks and,
• Minor Group 633 – Butchers and bakers

These occupations are applicable unless the Minister has designated an occupation as restricted.

The authorities have prescribed the federal skilled trades class as a class of persons who:

• Are skilled trades workers and,
• Might become permanent residents based on their ability to establish themselves economically in Canada in a skilled trade occupation and,
• Have the intention to reside in a province other than the Province of Quebec

This definition is valid for the purposes of subsection 12 (2) of the Act.

It is worth noting that a foreign national is a member of the federal skilled trades class if the individual:

• Meets the threshold fixed by the Minister, under the provisions specified in subsection 74 (1), for proficiency in either English or French for each of the four language skill areas (e.g. reading, writing, listening and speaking) in an evaluation conducted by an organisation or institution designated under the provisions of subsection 74 (3)
• Has acquired at least two years of full-time work experience, or the equivalent in part-time work, during the five years prior to the date on which they make their permanent resident visa application, in the skilled trade occupation specified in the application after becoming qualified to practice the occupation independently and has performed the following acts during that period of employment:
• The actions described in the lead statement for the occupation as specified in the occupation descriptions of the National Occupational Classification (NOC) matrix and,
• A substantial number of the main duties listed in the description of the occupation as specified in the National Occupational Classification (NOC) matrix (inclusive of all the essential duties)
• Has met the relevant employment requirements of the skilled trade occupation specified in the application as detailed in the National Occupational Classification (NOC) matrix (except for the requirement of obtaining a certificate of qualification issued by a competent provincial authority) and,
• Meets at least one of the following requirements:
• Holds a certificate of qualification issued by a competent provincial authority in the skilled trade occupation specified in the application
• Is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• An officer has issued the work permit based on a positive determination with respect to the applicant’s employment in a skilled trade occupation (based on the provisions specified under subsection 203 (1)
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2)
• Is in Canada and holds a work permit referred to in paragraphs 204 (a) or 204 (c) that is valid on the date of receipt of the application, and also holds a valid work permit, or has the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which the authorities issue the visa, and the circumstances referred to in the following clauses also apply i.e. the applicant:
• Is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• Does not hold a valid work permit or do not have the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which they make their application and,
• Up to two employers have made the applicant an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year subject to the authorities issuing the visa to the applicant
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2) AND,
• An officer has approved the offer for full-time work that the applicant has met the requirements specified in subsection 203 (1) concerning the offer, based on the assessment the officer received from the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to two employers or an officer and,
• Holds a valid work permit or has the relevant authorisations for working in Canada under the provisions specified in section 186 on the date on which they make their application for a permanent resident visa and on the date on which the authorities issue the visa and,
• The following provisions do not apply:
• The applicant is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2)
• The applicant is in Canada and holds a work permit referred to in paragraphs 204 (a) or 204 (c) that is valid on the date of receipt of the application, and also holds a valid work permit, or has the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which the authorities issue the visa, and the circumstances referred to in the following clauses also apply i.e. the applicant:
• Is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit AND,
• The following provisions apply:
• The applicant does not hold a valid work permit or do not have the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which they make their application and,
• Up to two employers have made the applicant an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year subject to the authorities issuing the visa to the applicant
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2) AND,
• An officer has approved the offer for full-time work that the applicant has met the requirements specified in subsection 203 (1) concerning the offer, based on the assessment the officer received from the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to two employers or an officer

In some cases, it is likely that the applicant might or might not meet the requirements specified above i.e. the conditions under which a foreign national can become a member of the federal skilled trades class. Situations could also arise where the officers feel that the criteria listed above is not a sufficient indicator of whether the foreign nationals could establish themselves economically in Canada. In this scenario, the officers could substitute their own evaluations for the requirements. However, this decision would require the concurrence of another officer.

The foreign national would also need to have an amount equal to one half of the minimum necessary income applicable in respect of the group of persons comprising the skilled trades worker and their family members. These funds must be both transferable and available. In addition, no debts or other obligations must encumber the funds. This specification does not apply to foreign nationals

• Who are in Canada and hold a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• An officer has issued the work permit based on a positive determination with respect to the applicant’s employment in a skilled trade occupation (based on the provisions specified under subsection 203 (1)
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2)
• Who are in Canada and hold a work permit referred to in paragraphs 204 (a) or 204 (c) that is valid on the date of receipt of the application, and also holds a valid work permit, or has the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which the authorities issue the visa, and the circumstances referred to in the following clauses also apply i.e. the applicant:
• Is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• Who hold a valid work permit or have the relevant authorisations for working in Canada under the provisions specified in section 186 on the date on which they make their application for a permanent resident visa and on the date on which the authorities issue the visa and,
• The following provisions do not apply:
• The applicant is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2)
• The applicant is in Canada and holds a work permit referred to in paragraphs 204 (a) or 204 (c) that is valid on the date of receipt of the application, and also holds a valid work permit, or has the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which the authorities issue the visa, and the circumstances referred to in the following clauses also apply i.e. the applicant:
• Is in Canada and holds a work permit that is valid on the date on which the applicant is making the application and holds a valid work permit or has the authorisation to work in Canada under the provisions specified under section R186 on the date on which the authorities issue the visa and,
• The applicant is working for any employer specified in the work permit and,
• The applicant has an offer of employment made by up to two employers specified on the work permit, subject to the authorities issuing the visa to the foreign national, for continuous full-time work for a total of at least one year in the skilled trade occupation specified in the application and the occupation belongs to the same minor group set out in the National Occupational Classification (NOC) matrix as the occupation specified in the work permit AND,
• The following provisions apply:
• The applicant does not hold a valid work permit or do not have the relevant authorisation for working in Canada under the provisions specified in section 186 on the date on which they make their application and,
• Up to two employers have made the applicant an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year subject to the authorities issuing the visa to the applicant
• It is worth noting that the employers on the work permit must not be:
• An embassy, a high commission or a consulate in Canada or,
• Any employer whose name appears on the list referred to in subsection 209.91 (3) especially if a period of two years has not elapsed since the day on which the authorities made the determination referred to in subsections 203 (5) or 209.91 (1) or 209.91 (2) AND,
• An officer has approved the offer for full-time work that the applicant has met the requirements specified in subsection 203 (1) concerning the offer, based on the assessment the officer received from the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of up to two employers or an officer

Source: Citizenship and Immigration