Operational Bulletin 554 – November 8, 2013

Ministerial Instructions: Canadian Experience Class Applications

This Operational Bulletin has expired.

Summary

Effective November 9, 2013, a maximum of 12,000 new applications that are complete in the Canadian Experience Class (CEC) will be considered for processing each year. Within the overall 12,000 cap, a maximum of 200 complete applications for each occupation at Skill Level B as per the 2011 version of the National Occupational Classification (NOC) will be considered for processing each year. There are six occupations for which work experience cannot be used to qualify for the CEC (ineligible occupations).

Issue

This Operational Bulletin (OB) provides guidance on CEC applications and the tenth set of Ministerial Instructions (MI-10), which comes into force on November 9, 2013.

Background

On June 18, 2008, the Immigration and Refugee Protection Act (IRPA) was amended to give the Minister of Citizenship and Immigration the authority to issue instructions that would ensure the processing of applications and requests be conducted in a manner that, in the opinion of the Minister, will best support the attainment of immigration goals set by the Government of Canada.

MI-10 comes into force on November 9, 2013, and applies only to CEC applications received by the Centralized Intake Office (CIO) in Sydney, Nova Scotia on or after this date. Refer to the Canada Gazette for the full text of these instructions.

Limit on the number of Canadian Experience Class applications to be processed per year

A maximum of 12,000 new CEC applications that are completeFootnote 1 will be considered for processing each year.

Within the overall 12,000 cap, a maximum of 200 new, complete CEC applications per occupation at Skill Level B as per the 2011 version of the NOC will be considered for processing each year. Work experience in the following six occupations cannot be used to qualify for processing under MI-10:

  • NOC 1221 – Administrative officers
  • NOC 1241 – Administrative assistants
  • NOC 1311 – Accounting technicians and bookkeepers
  • NOC 6211 – Retail sales supervisors
  • NOC 6311 – Food service supervisors
  • NOC 6322 – Cooks

There is no sub-cap on CEC applications in NOC Skill Type 0 or Skill Level A occupations, but these occupations are subject to the overall cap of 12,000 new, complete applications.

In calculating the overall and occupation-specific caps, CEC applications will be considered by the CIO according to the date of receipt and in accordance with routine office procedures.

For the unique purpose of calculating the caps, the cap year will begin on November 9, 2013, and end on October 31, 2014, and subsequent years will be calculated from November 1 to October 31 unless otherwise indicated in a future MI.

Guidelines for processing new and existing Canadian Experience Class applications

All CEC applications will be considered according to the date they are received at the CIO.

MI-10 does not apply to CEC applications received before November 9, 2013. All CEC applications received by the CIO before this date shall continue to be considered for processing having regard to the program requirements in effect at the time of application receipt.

The CIO will assess CEC applications received on or after November 9, 2013, against the criteria described in MI-10 to determine whether the application is eligible for processing. The CIO will make a final determination of eligibility for processing. Applications that receive a negative eligibility determination at the CIO will be returned to the applicants. Fees will not be processed. If the CIO makes a positive eligibility determination, the application will be placed into processing and the applicant will no longer be eligible for a refund.

Making the final determination of eligibility for processing at the Centralized Intake Office

The CIO will assess the CEC application received on or after November 9, 2013, and will make a final determination of eligibility for processing. To be eligible for processing, the application must be complete and meet all the criteria described in the MIs.

Work experience in the six ineligible occupations set out above cannot be used to qualify for processing. In order to be placed into processing, the applicant must have claimed at least 12 months of work experience in one or more eligible NOC Skill Type 0, Skill Level A or B occupations. In assessing the applicant’s claimed work experience, the CIO will review the information provided by the applicant in the Schedule 8: Economic Classes – Canadian Experience Class (IMM 0008 – Schedule 8) (PDF, 1.3 MB) form submitted with their application. The conformity of the work experience claimed by the applicant to the corresponding NOC description will not be assessed by the CIO. This assessment will be made by an officer once the application has been placed into processing.

Only CEC applications received by the CIO on or after November 9, 2013, that include original, valid test results from a language testing organization designated pursuant to R74(3) demonstrating that the applicant meets the language threshold set by the Minister for each language skill area (reading, writing, listening and speaking), that do not exceed the caps set out above and are not claiming work experience only in one or more of the six ineligible occupations listed above in support of their application, shall be placed into processing.

Guidelines for applications that have been placed into processing

In all cases, applications placed into processing are still subject to the requirements of the CEC and all other applicable requirements under the IRPA.

Once an application has been placed into processing, an officer may refuse the application if they determine that the applicant has work experience only in one or more of the six ineligible occupations listed above and does not have the qualifyingFootnote 2 work experience in other NOC Skill Type 0 or Skill Level A or B occupations. In determining whether the applicant has the qualifying work experience in other skilled NOC occupations, the officer will consider all other occupations that the applicant has specified in the IMM 0008 – Schedule 8 (PDF, 1.3 MB) form and any supporting documentation submitted with their application.

After considering all other skilled NOC occupations specified in the application, if the officer determines that the applicant has the qualifying work experience, they should continue to process the file as usual.

If, after considering all other skilled NOC occupations specified in the application, the officer determines that the applicant does not have the qualifying work experience, they must return to the occupation and claimed work experience about which they have concerns and that was subject to the final determination of eligibility at the CIO. In accordance with the principles of procedural fairness, the officer must afford the applicant the opportunity to respond to any concerns related to the occupation and work experience in question.

After receiving additional information, if the officer is satisfied that the applicant has qualifying work experience, they should continue to process the file as usual. If the officer is not satisfied that the applicant has the qualifying work experience, they should refuse the application.

Date Modified: