The Process for Applications Received On or After May 04, 2013
Applicants would need to demonstrate that they meet or exceed the thresholds prescribed by the Minister for proficiency in either English or French. They would need to demonstrate that they are proficient in each of the four language skill areas. The four language skill areas typically include:
- Reading
- Writing
- Listening and,
- Speaking
In their application for permanent residence, applicants would need to specify the language that officers need to consider as their first official language in Canada i.e. English or French. This is in accordance with the provisions specified in R75 (2) (d).
The foreign national would need to:
- Specify which official language the officers could consider as being the individual’s first official language and similarly, which official language the officers could consider as being the individual’s second official language
- Have an organisation or institution assess their proficiency in their first and second official languages
- It is worth noting that this organisation or institution must have the relevant designation specified by the provisions mentioned under subsection 74 (3) of the Immigration and Refugee Protection Regulations (IRPR)
- This assessment will remain valid for a period of two years from the date on which the relevant authorities issued it
The individuals would receive points for proficiency in the English language based on the results assessed. The assessing authority would need to assess the proficiency of these individuals based on the benchmarks outlined in the Canadian Language Benchmarks. Similarly, the individuals would receive points for proficiency in the French language based on the results assessed. The assessing authority would need to assess the proficiency of these individuals based on the benchmarks outlined in the Niveaux de compétence linguistique canadiens.
It is worth noting that the officers will consider the language test results as conclusive evidence of the applicant’s language proficiency. In short, they will not even consider any other written evidence.
The officers would need to assess the application. Thereafter, they would need to award the applicant up to a maximum of 28 points for official language proficiency as highlighted below. This is in accordance with the provisions specified in R79 (3).
- A maximum of 24 points for proficiency in the first official language identified by the principal applicant in the application for permanent residence
- If the officers find that the applicant’s proficiency meets the thresholds prescribed by the Minister, they will award the applicant with four points per language skill area
- This is in accordance with the provisions specified in R79 (3) (a) (i)
- If the officers find that the applicant’s proficiency exceeds the thresholds prescribed by the Minister for that language skill area by one benchmark level, they will award the applicant with five points per language skill area
- This is in accordance with the provisions specified in R79 (3) (a) (ii)
- If the officers find that the applicant’s proficiency exceeds the thresholds prescribed by the Minister for that language skill area by at least two benchmark levels, they will award the applicant with six points per language skill area
- This is in accordance with the provisions specified in R79 (3) (a) (iii) AND,
- A maximum of four points for proficiency in the second official language if the applicant’s proficiency meets or exceeds Canadian Language Benchmarks (CLB) 5 in each of the four language skill areas
- This is in accordance with the provisions specified in R79 (3) (b)
- It is worth noting that in some situations, the officers might find that the applicant does not meet Canadian Language Benchmarks (CLB) 5 in one or more of the language skill areas
- In this scenario, the officers will not award any points to the applicant for second official language proficiency
Note:
- The applicant would need to submit original language test results from a designated testing agency of their proficiency in that language along with their application
- Only then would the applicant be able to claim points for proficiency in their second official language
- This is in accordance with the provisions specified in R79 (2)
- The authorities have expressly mentioned this requirement in the application guide
- Therefore, applicants would need to note that they would not receive any further opportunities for providing official language test results at a later date during the process
Source: Citizenship and Immigration
