Immigration Visa OnlineA Blog of Mr. Ajay Sharma, Immigration and visas Specialist

As an Immigration expert, I have faced various queries related with damaged documents such as passport and other important papers, during my ongoing experience of more than fifteen years till now.

I will share a recent query with my readers. An Indian working as an engineer in Canada recently visited India with his friends. During the visit, his Canadian passport got damaged. While he was on his way back to Canada, he was refused departure at the airport as his passport was damaged.

Here is the answer to this question: Until and unless the applicant does not produce a proper passport, he or she is not allowed to leave the country. Documents (http://blog.abhinav.com/importance-of-documentation-in-immigration-process/) related to travel; health and identity proof, to name a few should be handled with utmost care. Damaged documents are strictly prohibited in any application process in Immigration.

A duly filled application form, along with the necessary documents form the most critical facets of making your application process a success. The list of the documents required may vary in conformity with the type of visa applied for! In the above case, the applicant is advised to get a duplicate passport from the Canadian High Commission as soon as possible. It would be a wise decision to have the guidance of an expert Immigration and Visa specialist by your side, to ensure that the procedure is carried out perfectly.

Canada Federal skilled workers Class: Selection criteria

Employed – workers, professionals and tradesperson – are eligible to apply for Canadian permanent resident visa. Their applications are assessed based against six selection factors in the skilled worker point’s grid. The six selection factors are: Education; abilities in English and/or French, Canada’s two official languages; work experience; age; whether the applicant has an arranged employment in Canada, and finally adaptability.

It is important to note that one need not meet requirements of each of the selection factors. Each factor has certain assigned points. The applicant’s profile – against six factors- is assessed and points credited. An applicant may file an application and will get a positive assessment is he is getting minimum pass mark fixed as per Minister’s instructions.

New set of selection instructions is applicable to Federal skilled worker applications received on or after February 27, 2008.

An application is eligible for processing if:

1. The applicant has at least one year of experience in one or more of Listed occupations OR
2. The applicant has an arranged offer of employment and in such a case the applicants’ experience may or may not appear in the listed occupations and he may or may not have at least one year of experience  in one or more of listed occupations OR
3. The applicant is a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student

An applicant is considered eligible to apply as a federal skilled worker if he meets the following minimum requirements:

• He has at least one year of continuous full-time paid work experience or the equivalent in part-time continuous employment within the last ten years AND
• His work experience must be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification list
• His applications will be assessed based against six selection factors in the skilled worker point’s grid. The six selection factors are: Education; abilities in English and/or French, Canada’s two official languages; work experience; age; whether you have arranged employment in Canada, and your adaptability.

Applicants who are not eligible to apply as per above guidelines may apply in two other categories, provided they meet some minimum requirements.

I- Arranged employment

Requirements for a valid offer of employment are different.

For applicants’ currently working in Canada:

• The current employer must have made an offer to give the applicant a permanent job if he is accepted as a federal skilled worker, and
• The temporary work permit must be valid both when he applies for a permanent resident visa and when the visa is issued.

In addition it is required that

• The work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labor market opinion or
• The must be in a category that is exempt from an Arranged Employment Opinion

For all other cases, the applicant must not be working in Canada and the applicant can apply if he has an offer of employment; such an offer is valid if the prospective employer

• Has made an offer to hire the on an indeterminate basis if he is accepted as a federal skilled worker, and
• Has obtained a positive Arranged Employment Opinion from HRSDC , which must be arranged by the employer
• And the applicant meets all required Canadian licensing or regulatory standards associated with the job.

II- Foreign national - Living and working legally or studying as an international student

The applicant may also apply as a federal skilled worker if he has been living legally in Canada for one year as a temporary foreign worker or an international student.

Additional comments

In my opinion an applicant needs careful and detailed understanding of the National occupational classifications and various occupational sub-titles to decide whether or not he is eligible to apply for based on his own qualifications and experience credentials.

If not qualified, he may be considering an option to apply in other two categories if he qualifies. It is important to understand and appreciate that getting an arranged offer of employment has certain fixed set of requirements for the Canadian employer and getting it is not such an easier possibility.

There are agencies and consultants who offer to organize such offers of arranged employment. They are mostly misguiding prospective migrants and in majority of cases such organizes offers would not meet the scrutiny of Citizenship and Immigration, Canada.

If the applicant is not qualified under the point system under the federal skilled worker class a, he should not look for short-cuts to relocation. Rather he should look around and may find that he is qualified for immigration options other then Canada. He should pursue them as well rather then waste his time and resources on exploring an opportunity that is not qualified for in the first place.

Canada Federal skilled worker Immigration- Importance of Canadian National Occupational Classifications (NOC)

Canadian immigration programs for federal skilled workers and professionals require the applicant to have experience in one or more of the occupational categories identified in the Ministerial Instructions. These occupations are listed in National Occupational Classifications (NOC).

Canadian National occupational classification (NOC) provides occupation specific information to policymakers, job-seekers, employers and Immigration and Visa officers. This information relates to occupational job titles, their duties and responsibilities and finally the educational, professional and trades qualifications that persons holding respective job titles are expected to perform.

The applicant is required to identify an occupation in which he is qualified to apply his application under the federal skilled worker class. The applicant must have has at least one year of experience – during the last ten years- in one or more occupations that appears on the prescribed list of occupations.

Over the years, NOC has become a major assessment tool in the hands of Citizenship and Immigration, Canada.

Prospective migrants not having at least one year experience in one of the prescribed occupations are not eligible to apply under the federal skilled worker category.

The applicant may however, may apply in two other categories.

But even while applying in either of the other two categories; he must still identify the NOC under which his immigration application can be processed.

Thus importance of NOC for the citizenship and Immigration Canada- as an assessment tool for applicants under federal skilled workers- is paramount and critical. In short, one cannot file an application under this category unless he identifies the right NOC category.

The official website of National Occupation classification can be visited at http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/Welcome.aspx.

The applicant should visit this site and identify the closest occupation – listed in NOC- whose requirements he meets. It is required that he performs or has performed majority of duties and responsibilities that are listed in the claimed NOC. The applicant might have many years of experience and hence would have worked on more than one positions and occupations. In such a case, he can also claim qualification in more the one NOC occupations. He however, ought to have worked for at least one year to claim assessment in any occupation.

As a critical step toward ensuring success of the immigration application under federal skilled worker program, it will help the applicants cause to prepare a resume that is specific to Canadian work environment. Such a resume can identify the NOC identified occupations that you qualify in and the relevant duties and responsibilities that you perform.

Been associated with the industry since 1994, I (To know more about me click here) feels that identification of correct NOC requires careful review and study of applicant’s credentials and qualifications. This means years of practice and knowledge of past precedents, especially in cases where the applicant qualifies in more than one occupation.

Dear Readers,

My journey in Immigration and visa consulting industry started in the year 1994. I started accepting the mandate(s) for Immigration Visa consulting services to general skilled and professionals and for advisory areas related to global relocation and job search, post landing settlement in destined countries. I continue to be an immigration and visa specialist even today. I run my company in the name of ABHINAV (www.abhinav.com).

It has indeed been an interesting journey and the most important learning is that bureaucrats are same across the world – go by book and use the book to hide their failings, have no accountability for their actions and in most cases non-actions.

Bureaucrats and officers dealing with Immigration and visas matters are unique since they have extreme discretionary powers. And in majority of the time they are misused. They take refusal decisions that are unfair and mostly unexplained and then leave it to the applicant to fight it out with the department – with senior officers and ministers or with the court. The department is not much helping either as they have standard responses for appeals. And the court procedure is so expensive for ordinary applicant to follow that – in most cases- is ruled out.

So if the situation so dismal all around! Not really, as many countries seem to have learned from failings of systems of countries that started early. In my opinion and going by experience, leading the pack of countries with most mismanaged immigration system will be - without doubt – Canada followed by USA, Hong Kong, Thailand. Talking of Canada, Quebec Immigrant investor program is an exception but then that accounts for a small number of the actual number of large immigrants and how many applicants have a net worth of close to CAD 800,000/-?

Among the most applicant, efficient, accountable and user friendly system I have experienced is Singapore, followed by Australia and New Zealand. Denmark has recently started the green card process and the initial feel factor is comfortable.

In this blog I will share

• My experiences from past and how they affected applicants?
• How past can be used to as a learning tool by future applicants, governmental bodies and agencies?
• Latest happenings and changes and what these changes will mean to candidates whose applications are pending or who intend to apply?
• Proposed changes in future and if introduced what these changes will mean to candidates whose applications are pending or who intend to apply?

Visitors to the blog can

• Share their experiences and ask the queries related to Immigration issues and visa matters
• Can comment on the articles in the blog
• Can respond to queries
• Can submit articles

Welcome to my Blog… To know more about my self you can check About Me or you can also visit my website: www.abhinav.com. If you like the blog then please subscribe to our feed at http://www.immigrationvisaonline.com/feed/