The Terms and Definitions Related to Permanent Residence

Term

Definition

Applicant

A person who has filled out and submitted a complete Application for Permanent Residence

Arranged Employment

Denotes an offer of employment for full-time work in Canada that is non-seasonal and indeterminate, in an occupation listed in Skill Type 0, Skill Levels A or B of the National Occupational Classification (NOC), made by an employer other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in R203 (6)

This is in accordance with the provisions specified in R82 (1)

Base Nominations

Also referred to as non-Express Entry streams, these denote provincial and territorial “base” nominations, made through the Provincial Nominee Program (PNP) streams that exist outside Express Entry and remain subject to regular Provincial Nominee Program (PNP) processing standards

Business or Investment Activity

A private sector for profit activity that excludes any activity related to a state-owned enterprise

Canadian Educational Credential

Denotes any diploma, certificate or credential issued on the completion of a Canadian program of study or training at an educational or training institution recognised by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions

This is in accordance with the provisions specified in R73 (1)

Candidate

Often used in relation to Express Entry / profile / submission, this refers to a person in the Express Entry pool. The authorities rank candidates in the pool against other candidates in the pool. Employers who have a Labour Market Impact Assessment (LMIA) have the authority to hire Express Entry candidates.

Come to Canada Number

Denotes a temporary number given to a person who completes the Come to Canada wizard. This number enables the person to carry answers over from the Come to Canada wizard to the profile builder section of the MyCIC account. Because of this, the individual does not need to answer the same questions again.

Come to Canada Wizard (the Wizard)

Denotes a website tool managed by Citizenship and Immigration Canada (CIC). This wizard gives candidates an idea of whether they meet the eligibility requirements of certain programs or not. Candidates provide all their information in a non-secure environment. However, the system does not collect any personal information such as the candidate’s name etc.

Common-law Partner

Carries the same definition as specified in R1 (1)

Convention Refugee

Denotes a person who, by reason of a well-founded fear of persecution on the grounds of race, religion, nationality, membership etc. in a particular social group or political opinion:

• Is outside each of their countries of nationality and is unable or unwilling (because of the fear the individual experiences) to avail themselves of the protection of each of those countries or,
•  Is outside the country of the individual’s former habitual residence because the individual does not have a country of nationality and who is unable or unwilling (because of the fear the individual experiences) to return to that country

This is in accordance with the provisions specified in A96

Comprehensive Ranking System (CRS)

This system determines a candidate’s position in the Express Entry pool. It ranks prospective skilled immigrants by evaluating their skills, work experience, language proficiency, education and other factors that the authorities believe will result in success in Canada.

Dependent Child

Carries the same definition as specified in R2

Draw

A draw takes place on a specific time and day when Citizenship and Immigration Canada (CIC) issues Invitations to Apply (ITAs) to the top ranking candidates in the Express Entry pool. The authorities have the authority to perform the draw for the pool as a whole (based on the Comprehensive Ranking System (CRS) rank only). Alternatively, they can perform the draw as being specific to a program i.e. the Comprehensive Ranking System (CRS) rank for the Federal Skilled Worker Program (FSWP) only. It is worth noting that we have used the term ‘draw’ as a noun.

Education

Comprises the following three terms:

• Educational credential: Refers to any diploma, degree or trade or apprenticeship credential issued on the completion of a program of study or training at an educational or training institution recognised by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue. This is in accordance with the provisions specified in R73.

• Full-time: Refers to a program where the individual needs to spend at least 15 hours of instruction per week during the academic year. This includes any period of training in the workplace that forms part of the course of instruction. This is in accordance with the provisions specified in R78 (1).

• Full-time academic equivalent: Denotes the period of time that the individual would have been required to complete part-time or accelerated studies on a full-time basis

Educational Credential Assessment (ECA)

Refers to a report issued by an organisation designated by the Minister of Citizenship and Immigration that verifies the authenticity of a foreign diploma, certificate or credential and assesses its equivalence to a Canadian educational credential

Enhanced Nominations

Denotes provincial and territorial nominations made through the Express Entry system. Officers usually process enhanced nominations online and these nominations remain subject to the six-month or less processing standard i.e. in 80 percent of the cases

Equivalency Assessment

Denotes a determination issued by an organisation or institution (designated under the provisions specified under R75 (4)) that a completed foreign diploma, certificate or credential is equivalent to a completed Canadian educational credential as defined above

Typically, this equivalency assessment will also include an assessment by the organisation or institution of the authenticity of the completed foreign diploma, certificate or credential.

This is in accordance with the provisions specified in R73 (1).

Exemption

Under the provisions specified under A25 (1), the Minister has the authority to grant an exemption from most applicable criteria or obligations of the Immigration and Refugee Protection Act (IRPA), if they are of the opinion that the exemption is justified by Humanitarian and Compassionate (H&C) considerations

Typical exemptions in this scenario could include:

• Exemption from criminal inadmissibility A36 (2)
• Exemption from the requirement of applying for permanent residence from outside Canada

Express Entry Pool (the pool)

If they meet the minimum entry criteria prescribed, potential candidates who have submitted an Express Entry profile might gain access to the Express Entry pool. The authorities initially refer to this as the Express Entry pool and thereafter, as the pool.

Express Entry Profile

Potential candidates will fill out their Express Entry profiles for expressing their interest in coming to Canada. Once the potential candidates complete the Come to Canada wizard and create MyCIC accounts, they will fill out their Express Entry profiles. Potential candidates would be able to access their profiles by logging into their MyCIC accounts.

Express Entry Profile Number

The system gives Express Entry Profile Numbers to Express Entry candidates who successfully enters the pool. The profile number adds a profile to the Job Bank so that potential employers can confirm that the candidate is in the Express Entry pool.

Typically, provinces and territories use this number through the Province / Territories Portal for confirming that a candidate is actually in the Express Entry pool. Similarly, Citizenship and Immigration Canada (CIC) uses the profile number for internal reasons.

Express Entry System

Refers to the system used for managing the intake of economic immigration applications under the:

• Federal Skilled Worker Program (FSWP)
• Federal Skilled Trades Program (FSTP)
• Canadian Experience Class (CEC) and,
• A portion of the Provincial Nominee Program (PNP)

Extrinsic Information

Officers need to disclose extrinsic information to the applicant to give them a chance to respond. These comprise:

• Information received from a source other than the applicant and,
• Information:
• That the applicant:
• Does not have access to or,
• Is not aware of AND,
• Being used to make the decision

Examples could include the following situations:

• Information received from an anonymous source that is integral to the decision
• Opinions from medical officers and provincial health authorities or,
• Situations where the visa office replies that the documents are not authentic following a request about the authenticity of documents
• In this scenario, the officers will use the information related to the authenticity of the documents as the basis for the decision or as a determinative factor even though the applicant submitted the documents as part of the Humanitarian and Compassionate (H&C) application

Family Member

In respect of a person, this term denotes:

• The spouse or common-law partner of the person
• A dependent child of the person or of the person’s spouse or common-law partner and,
• A dependent child of a dependent child referred to in the provisions mentioned in R1 (3) (b)

It is worth noting that this definition is valid for all purposes of the Immigration and Refugee Protection Act (IRPA), excluding the provisions specified in A12 and A38 (2) (d).

Full-time Studies

This is a Canadian Experience Class (CEC) education requirement for applications received in the Post-Graduation stream before January 02, 2013.

For the purpose of the Canadian Experience Class (CEC) it is worth noting that the Immigration and Refugee Protection Regulations (IRPR) does not contain an explicit definition of the term “full-time studies”. This also allows for greater flexibility.

In this scenario, officers would apply the definition used by the post-secondary institution that issued the educational credential.

Full-time Work

For Canadian Experience Class (CEC) Applications Received on or after January 02, 2013

In accordance with the provisions specified in R73 (1), “full-time” work denotes at least 30 hours of work over a period of one week. Similarly, in accordance with the provisions specified in R73 (2) “work” denotes an activity for which the individual receives wages or earns a commission.

For Canadian Experience Class (CEC) Applications Received before January 02, 2013

In accordance with the provisions specified in R87.1 (3) (a), “full-time” work denotes at least 37.5 hours of work over a period of one week. However, the authorities will also consider full-time equivalence (or 1,950 hours of paid employment (over a period of at least 12 months).

Calculating Work Experience for Canadian Experience Class (CEC)

Applicants in the Canadian Experience Class (CEC) program could meet the full-time work experience requirement by demonstrating the equivalent in part-time, paid work experience. This would include highlighting more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of at least one year of full-time work.

Individuals could consider calculating their work experience by adding up the number of weeks of full-time (or equivalent) paid work. For instance:

• 30 hours / 37.5 hours per week in one job, or a total of at least 30 hours / 37.5 hours per week in more than one job) in one or more skilled occupations at:
• Skill Type 0 i.e. managerial occupations
• Skill Level A i.e. professional occupations or,
• Skill Level B i.e. technical occupations and skilled trades of the National Occupational Classification (NOC)
• Individuals would need to acquire work experience over a period of at least one year; work in excess of 30 hours / 37.5 hours per week over a shorter period will not compensate for any shorter overall period of experience

Some individuals might be students who had graduated from Canadian post-secondary institutions. The officers would only consider work experience gained after graduation as eligible for meeting the work experience requirement e.g. post-graduate work permit for these individuals.

For Federal Skilled Worker (FSW) Applications Received on or after January 02, 2013

In accordance with the provisions specified in R73 (1), “full-time” work denotes at least 30 hours of work over a period of one week. Similarly, in accordance with the provisions specified in R73 (2) “work” denotes an activity for which the individual receives wages or earns a commission.

For Federal Skilled Worker (FSW) Applications Received before January 02, 2013

In accordance with the provisions specified in R80.7, “full-time” work denotes at least 37.5 hours of work over a period of one week.

Applicants in the Federal Skilled Worker (FSW) program could meet the full-time work experience requirement by demonstrating the equivalent in part-time, paid work experience. This would include highlighting more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of at least one year of full-time work. However, they would need to ensure that they have accumulated the part-time work experience over a continuous period. This is in accordance with the provisions specified in R75 (2) (a).

Calculating Work Experience for Federal Skilled Worker (FSW)

Individuals could consider calculating their work experience by:

• Adding up the number of continuous weeks of full-time (or the equivalent in part-time) paid work i.e. 30 hours / 37.5 hours per week in one full-time job, a combined total of at least 30 hours / 37.5 hours per week in more than one part-time job
• About 15 hours per week in one part time job over a span of two year etc. in one or more skilled occupations at:
• Skill Type 0 i.e. managerial occupations
• Skill Level A i.e. professional occupations or,
• Skill Level B i.e. technical occupations and skilled trades of the National Occupational Classification (NOC)
• Individuals would need to acquire work experience over a period of at least one year; work in excess of 30 hours / 37.5 hours per week over a period of one week will not compensate for any shorter overall period of experience that is less than one year of full-time work experience

For Federal Skilled Trades (FST) Applications Received on or after January 02, 2013

In accordance with the provisions specified in R73 (1), “full-time” work denotes at least 30 hours of work over a period of one week. Similarly, in accordance with the provisions specified in R73 (2) “work” denotes an activity for which the individual receives wages or earns a commission.

Applicants in the Federal Skilled Trades (FST) program could meet the full-time work experience requirement by demonstrating the equivalent in part-time, paid work experience. This would include highlighting more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of at least one year of full-time work.

Calculating Work Experience for Federal Skilled Trades (FST)

Individuals could consider calculating their work experience by:

• Adding up the number of continuous weeks of full-time (or the equivalent in part-time) paid work in a skilled trade occupation i.e. 30 hours per week in one job over a two-year period, 15 hours per week in one job over a four-year period or a total of at least 30 combined hours per week in more than one job over a two-year period
• Individuals would need to acquire work experience over a period of at least one year; work in excess of 30 hours of paid work per week over a period of one week will not compensate for any shorter overall period of experience that is less than two years of full-time work experience

General Draw

Citizenship and Immigration Canada (CIC) controls the number of Express Entry candidates that receive an invitation to apply (ITA) for permanent residence through a system of “draws”.  Therefore, they conduct draws at a frequency and in numbers that align with their processing capacity and annual levels targets.

A general draw would typically include all candidates that hold the specified rank. This is regardless of the program eligibility requirements that they appear to meet.

Intrinsic Information

This denotes information that officers do not need to disclose to the applicant and comprises:

• Information provided by or readily available to the applicant and,
• Information of which the applicant is aware that the officers will use for making the decision

For instance, the authorities consider information provided by an applicant’s spouse at an interview for determining the bona fides of a marriage as being intrinsic information. This is because the applicant has access to it. In addition, the applicant will have reasonable expectation of the authorities using it for making a decision.

Invitation to Apply (ITA)

Express Entry candidates receive Invitations to Apply (ITAs) because they have the highest Comprehensive Ranking System (CRS) scores at the time of an Express Entry draw.

Candidates will typically update their profiles with a provincial or a territorial nomination, or a qualifying offer of arranged employment. These individuals will receive bonus points in the Comprehensive Ranking System (CRS). In addition, they might even receive an Invitation to Apply (ITA). Once these individuals receive an Invitation to Apply (ITA), they will have 60 days to apply.

Typically, candidates who receive an Invitation to Apply (ITA) have three courses of action. They can:

• Ignore the invitation (this will result in their removal from the Express Entry pool)
• Reject the invitation (this will ensure that they remain in the Express Entry pool) or,
• Respond to the invitation

Immigrant Investor Venture Capital Fund

Denotes the capital derived from payments made by approved immigrant investors under the Immigrant Investor Venture Capital Class. It also includes any income (including interest and capital gains) generated by the investment of the payments, for the purposes of investment as venture capital.

Job Bank

Denotes an electronic listing of jobs provided by employers throughout Canada. Candidates who do not have a job offer or a provincial or territorial nomination would need to register with the Job Bank for completing and submitting their Express Entry profiles. The authorities can match Express Entry candidates with Canadian employers and jobs. They would typically do this based on the skills, knowledge and experience possessed by the candidates.

Job Seeker Validation Code

When they submit their Express Entry profiles in their MyCIC accounts, Express Entry candidates receive this four-digit code. The system automatically generates this code. Candidates typically require the Job Seeker Validation Code for registering with Employment and Social Development Canada’s (ESDC’s) Job Bank. Provinces and territories would also require this validation code for nominating a candidate through the Provinces / Territories portal.

Labour Market Impact Assessment (LMIA)

Formerly called a Labour Market Opinion (LMO), this denotes an assessment that an employer in Canada would need to apply for prior to hiring a foreign worker. A positive Labour Market Impact Assessment (LMIA) will denote that a need exists for filling the job with a foreign worker and that no Canadian or permanent resident is available for doing the job. Occasionally, people refer to a positive Labour Market Impact Assessment (LMIA) as a confirmation letter. Employers would need to contact Employment and Social Development Canada (ESDC) for applying for the Labour Market Impact Assessment (LMIA).

Letter of Interest

Denotes the notification that Citizenship and Immigration Canada (CIC) sends to candidates in the pool when a province or a territory expresses an interest in the candidate’s profile

Language Skill Area

Denotes the skills such as speaking, listening (or oral comprehension), reading and writing associated with proficiency in a given language.

This is in accordance with the provisions specified in R73 (1).

Marriage

Denotes a marriage that took place outside Canada as a marriage that is valid both under the laws of the jurisdiction where it took place as well as under Canadian law

This is in accordance with the provisions specified in R2.

Minimum Entry Criteria (MEC)

To qualify for the Express Entry pool, candidates would need to meet the Express Entry Minimum Entry Criteria (MEC). Only then would they be eligible for receiving an Invitation to Apply (ITA) for permanent residence. In addition, the candidates would also need to meet the Minimum Entry Criteria (MEC) when they submit their applications for permanent residence to Citizenship and Immigration Canada (CIC).

Readers would need to refer to the section on Citizenship and Immigration Canada (CIC) given in the Express Entry program delivery instructions for more details.

MyCIC Number

Denotes the number that a person receives once the individual creates a MyCIC account. Thereafter, the individual would need to use this number for logging into MyCIC.

National Occupational Classification (NOC)

Denotes the official governmental classification and description of occupations in the Canadian economy. The National Occupational Classification (NOC) identifies and groups occupations in the Canadian economy by the skill type and level of the occupation, based on the tasks, duties and responsibilities that the occupation entails.

Note:

• Employment and Social Development Canada (ESDC) and Statistics Canada replaced the 2006 edition of the National Occupational Classification (NOC) with the 2011 edition on January 31, 2012
• Officers would need to assess applications received in the Economic Classes against the 2011 edition of the National Occupational Classification (NOC)
• However, Citizenship and Immigration Canada (CIC) will continue to accept positive or neutral Labour Market Impact Assessments (LMIAs) assessed and issued by Employment and Social Development Canada (ESDC) against the 2006 edition of the National Occupational Classification (NOC) as well as work permits based on these Labour Market Impact Assessments (LMIAs)
• Citizenship and Immigration Canada (CIC) will follow this practice only to facilitate the processing of applications in these classes
• However, Citizenship and Immigration Canada (CIC) will only follow this practice if the authorities can correlate the National Occupational Classification (NOC) 2006 occupation code to an eligible National Occupational Classification (NOC) 2011 occupation code at the time of application to Citizenship and Immigration Canada (CIC)
• Ideally, Citizenship and Immigration Canada (CIC) will assess applicants based on the current National Occupational Classification (NOC) version issued in 2012

Net Worth

Denotes the fair market value of all the assets of an applicant and their spouse or common-law partner minus the fair market value of all of their associated liabilities. This figure typically excludes the fair market value of their primary residence.

Notification of Interest

Provinces and territories typically indicate their interest in a specific candidate via the Provinces / Territories portal. When they indicate their interest in a candidate, the candidate usually receives a system-generated message in the MyCIC account. This message informs the candidate that a province or territory is interested in considering the candidate for nomination purposes. This message is a notification of interest.

Notionalise (and notionalisation)

Some foreign nationals might have a physical or a mental disability that prevents them from completing all four sections of their language tests in their Express Entry profile and application for permanent residence. To remedy this, these individuals have the ability to notionalise their missing language scores. Notionalising a score denotes calculating an average score based on completed scores. Applicants would be able to do this by using the online calculator provided on the website of Citizenship and Immigration Canada (CIC).

Person in Need of Protection

Denotes a person in Canada, whose removal to their country or countries of nationality (or if they do not have a country of nationality, their country of former habitual residence) would subject them personally to:

• The danger of torture, believed on substantial grounds to exist, based on the meaning of Article 1 of the Convention Against Torture or,
• The risk of their life or to the risk of cruel and unusual treatment or punishment if:
• The individual is unable or unwilling to risk availing the protection of that country because of the risks involved
• The individual would experience the risk in every part of that country in a scenario where other individuals in or from that country do not generally face such a risk
• The risk is not inherent or incidental to lawful sanctions unless the sanctions came about in utter disregard of the accepted international standards and,
• The risk does not arise from the inability of that country to provide adequate health or medical care

Potential Candidate

Denotes a foreign national who is not a part of the Express Entry pool at present

Provinces / Territories Portal

Denotes a secure, web-based portal that provinces and territories (PTs) use for accessing Express Entry candidates. Provinces and territories (PTs) will use this portal for confirming the Express Entry profile number provided by the candidate. They will also use this portal for identifying candidates of interest for their respective Provincial Nomination Programs (PNPs). Moreover, they will also use this portal for tracking their activity in the pool and the actions of candidates to whom they have issued a nomination certificate.

Program-specific Round of Invitations

Citizenship and Immigration Canada (CIC) controls the number of Express Entry candidates that receive an invitation to apply (ITA) for permanent residence through a system of “draws” or rounds of invitations.  Therefore, they conduct these draws or rounds of invitations at a frequency and in numbers that align with their processing capacity and annual levels targets.

Program-specific rounds of invitations typically include candidates who hold the specified rank and appear to meet the eligibility requirements of the specified program e.g. top-ranked Canadian Experience Class (CEC) candidates only.

Province or Territory Certificate of Qualification

Denotes a document issued by the body that governs trades in a province or territory. This document proves that a person has the relevant qualifications for working in a certain skilled trade i.e. the individuals have passed a certification exam and meet all the requirements for practising their trade in that province or territory. Depending on the province, people might refer to this certificate as a “qualification certificate” or a “certificate of qualification”.

Protected Person

Denotes a person on whom the authorities confer refugee protection in accordance with the provisions specified under A95 (1).

It also denotes a person whose claim the authorities have not subsequently rejected under the provisions specified in A108 (3) or A109 (3). It could also denote an individual whose refugee protection application the authorities have rejected under the provisions specified in A114 (4) or A95 (2).

Protected Temporary Residents (PTR) Class

A foreign national becomes a Protected Temporary Resident (PTR) and a member of the Protected Temporary Resident (PTR) class if the individual holds a temporary resident permit and:

• Becomes a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada based on the provisions specified under A99 or,
• Receives a Minister’s permit in accordance with the provisions specified under Section 37 of the former Act, after seeking admission to Canada in accordance with the provisions specified:
• Under Section 7 of the former regulations or,
• Under Section 4 of the Humanitarian Designated Classes Regulations (based on the provisions contained in R151.1)

Qualifying Offer of Arranged Employment

In Express Entry, this denotes that the employer has obtained a Labour Market Impact Assessment (LMIA). As a result, candidates who have a qualifying offer could receive an additional 600 points under the Comprehensive Ranking System (CRS).

Readers would be able to find more details concerning qualifying offers in the Express Entry program delivery instructions.

Restricted Occupations

Readers would need to note that at the time of publication, the authorities had not designated any occupations as being restricted. For obtaining the latest details on this, readers will need to refer to the website of Citizenship and Immigration Canada (CIC).

Restricted occupations denote occupations designated as restricted by the Minister following a review of the labour market activity and consultations with other stakeholders. This is in accordance with the definitions provided in R73.

Individuals would not be able to use experience in restricted occupations for meeting the minimal requirements of a skilled worker. This is in accordance with the definitions provided in R75 (2) (a).

Similarly, authorities would not be able to give any points under the experience factor of the skilled worker selection criteria for experience in a restricted occupation. This is in accordance with the definitions provided in R80 (2).

Round of Invitations

Rounds of invitations take place on a particular day and time when Citizenship and Immigration Canada (CIC) issues Invitations to Apply (ITAs) to the top ranking candidates in the Express Entry pool.

The authorities have the authority to perform the draw for the pool as a whole (based on the Comprehensive Ranking System (CRS) rank only). Alternatively, they can perform the draw as being specific to a program i.e. the Comprehensive Ranking System (CRS) rank for the Federal Skilled Worker Program (FSWP) only.

Skilled Trade Occupation

Denotes an occupation in one of the following categories belonging to Skill Level B of the National Occupational Classification (NOC). However, this would only be the case if the Minister has not designated the occupation as restricted occupation.

• 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
• Major Group 632: Chefs and cooks and,
• Major Group 633: Butchers and bakers

Spouse

Although the definition of spouse does not find a mention in the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA), the authorities define it with the ordinary and usual definition associated with the term

Submit / Submitted / Resume

Denotes the action of completing and delivering an Express Entry profile to Citizenship and Immigration Canada (CIC). This delivery could take place electronically or otherwise. Candidates would need to resubmit their profiles after the 12-month validity period concludes.