The Canadian Immigration and Refugee Protection Act ("IRPA") [S.C. 2001, c. 27] became law on June 28, 2002. The new law replaces the 25 year old Canadian Immigration Act. The IRPA applies to all applications and proceedings that are pending or in progress before June 28, 2002. The new law substantially changed the Canadian immigration laws. During the transitional period, the following criteria were supposed to apply:

1. Applicants who have applied before January 1, 2002 and have not received a selection decision by March 31, 2003, would be evaluated under the new criteria with a pass mark of 70 points; and

2. Applicants who have applied on or after January 1, 2002 and did not receive a selection decision by June 28, 2002 would be evaluated under the new criteria with a pass mark of 75 points.

On September 18, 2003, the Minister of Citizenship and Immigration Canada announced that all new skilled worker applicants and those currently in the system who had not yet received a selection decision would be assessed with a pass mark of 67. This new pass mark became effective on the date of the announcement.

General

In the United States, there are only a few opportunities for potential immigrants to petition themselves for permanent residence. In Canada, all immigrant categories (except family immigration) permit potential immigrants to sponsor themselves as landed immigrants.

The most common category immigrant category is the independent category. Independent applicant cases are processed on the basis of the applicant's individual skills and the likelihood that they will contribute to the Canadian economy.

It should be mentioned that the Quebec government has exclusive control over the selection of independent applicants who seek to settle in the Province of Quebec. Such applicants should file their applications with immigrations officials for the Province of Quebec. Quebec has established its own selection criteria and place a greater emphasis on French speaking ability. Once Quebec has determined that the applicant meets is provincial selection standards, the case is referred to the Federal government for assessment of any other grounds of inadmissibility. Quebec immigration is not discussed at this site.

Independent applications applying for residence in Canada (other than in Quebec) are processed using the "points system". Under this system, the applicant is awarded points based on various factors which assess his or her ability to make a positive contribution to Canada. Under the current immigration laws independent applicants must generally attain at least 67 points in order to qualify for landed status.

The Immigration and Refugee Protection Regulations ("IRPR") [SOR/2002-227] permit a person who is being sponsored for landing in Canada to bring his or her accompanying dependents. Dependents would include the spouse, common-law partner, conjugal partner, or dependent children of the principal applicant. [These terms are defined in the family class article.]

Selection Criteria

The following selection criteria are considered in an independent case:

1. Education;

2. Experience;

3. Arranged Employment;

4. Age;

5. Language; and

6. Adaptability.

Each of these selection criteria are discussed in greater detail below.

Education

A maximum of 25 points can be awarded for education. Points are awarded for education in the following manner:

1. Applicants with a university educational credential at the master's or doctoral level AND a total of at least 17 years of completed full-time or full-time equivalent studies would obtain 25 points;

2. Applicants with two or more university educational credentials at the bachelor's level AND a total of at least 15 years of completed full-time or full-time equivalent studies would obtain 22 points;

3. Applicants with a three-year post-secondary educational credential, other than a university educational credential, AND a total of at least 15 years of completed full-time or full-time equivalent studies would obtain 22 points;

4. Applicants with a two-year university educational credential at the bachelor's level AND a total of at least 14 years of completed full-time or full-time equivalent studies would obtain 20 points;

5. Applicants with a two-year post-secondary educational credential, other than a university educational credential, AND a total of at least 14 years of completed full-time or full-time equivalent studies would obtain 20 points;

6. Applicants with a one-year university educational credential at the bachelor's level AND a total of at least 13 years of completed full-time or full-time equivalent studies would obtain 15 points;

7. Applicants with a one-year post-secondary educational credential, other than a university educational credential, AND a total of at least 13 years of completed full-time or full-time equivalent studies would obtain 15 points;

8. Applicants with a one-year post-secondary educational credential, other than a university educational credential, AND a total of at least 12 years of completed full-time or full-time equivalent studies will obtain 12 points;

9. Applicants with a completed secondary school educational credentials will obtain 5 points.

The term "full-time" means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. The term "full-time equivalent" means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis.

Experience

The points given for experience are calculated after considering the number of years of experience (up to a maximum of 4 years) the applicant has worked. The maximum points which can be awarded for experience is 21.

Applicants with one year of working experience will obtain 15 points.

Applicants with two years of working experience will obtain 17 points.

Applicants with three years of working experience will obtain 19 points.

Applicants with four years of working experience will obtain 21 points.

Applicants are awarded selection points for the number of years they have spent in full-time, paid work. Each job must be listed in the Skill Type 0 or Skill Levels A or B in the National Occupation Classification ("NOC"). [See our web links page for a link to the NOC]

In addition, in order to be awarded selection points, the job must not be in a restricted occupation. The term "restricted occupation" is defined as "an occupation designated as a restricted occupation by the Minister, taking into account labor market activity on both an area and a national basis, following consultation with the Department of Human Resources Development, provincial governments, and any other relevant organizations or institutions." However, there are currently no designated restricted occupations.

Arranged Employment

Applicants who have a confirmed offer of permanent employment from Human Resources Development Canada ("HRDC") will receive 10 points. However, in order to receive these 10 points, the following must apply:

1. The applicant must have a full-time job offer that has been confirmed by HRDC [HRDC will confirm job offers in occupations listed in Skill Type 0, Skill Level A or B of the NOC];
2. The employer must have made an offer to give the applicant a permanent job; and
3. The applicant must meet any Canadian licensing or regulatory standards required for the job.

Applicants who are applying from within Canada and have a temporary work permit that is either:

1. Confirmed by the HRDC, including sectoral confirmations; or
2. Exempt from HRDC-confirmation requirements under NAFTA, GATS, CCFTA, significant economic benefit (i.e. intra-company transferee);

will receive 10 points. However, in order to receive these 10 points, the work permit must be valid for 12 or more months after the applicant applies for a permanent resident visa and the employer must have made an offer to give the applicant a permanent job.

Age

If a person is between the ages of 21 and 49, the applicant receives 10 points. Two units are deducted for each year under 21 or over 49.

Language

A maximum of 24 points are awarded based on fluency in either or both of the official languages (English and French). Points are first given based on the ability to listen, speak, read and write in either official languages.

For the first language, an applicant is given 4 points for their ability to listen, read, write and speak at a high proficiency level in each of the ability areas. If the applicant reads, listens, writes and speaks at a moderate proficiency, 2 points are awarded in each ability category. If the applicant reads, listens, writes and speaks with a basic proficiency 1 to 2 points are awarded. A maximum of 16 points are awarded for the applicants first language category. This is demonstrated on the following chart:

High Proficiency (per ability)	4
Moderate Proficiency (per ability)	2
Basic Proficiency (per ability)	1 to maximum of 2
No Proficiency	0
Maximum Possible (all 4 abilities)	16

If the applicant is knowledgeable of the second official language, points are given using the same analysis except that only 2 credits each are given for reading, listening, writing and speaking at a high to moderate proficiency level and 1 to 2 points is given for reading, listening, writing and speaking at a basic proficiency level. No credits are given where the applicant reads, listens, writes or speaks the second language with no proficiency. A maximum of 8 points will be awarded for the applicant's ability to speak, listen, read and write in their second official language. This is demonstrated on the following chart:

High Proficiency (per ability)	2
Moderate Proficiency (per ability)	2
Basic Proficiency (per ability)	1 to maximum of 2
No Proficiency	0
Maximum Possible (all 4 abilities)	8

Applicants must provide conclusive proof of their language skills:

1. Take an official language test by an approved organization; or

2. Provide other written documentation.

Approved English language testing organizations include: (a) IELTS: International English Language Testing System, and CELPIP: Canadian English Language Proficiency Index Program. The TEF: Test d'Evaluation de Francais is an approved French language testing organization.

If an applicant chooses not to take an approved language test, he or she must prove the ability to speak, listen, read and write Canada's official languages through other written evidence. The applicant must provide written proof and an explanation that clearly shows he or she meets the benchmark criteria in each of the four skills. An immigration officer will review the written evidence included with the application. However, this is generally a less desirable method since the the immigration officer will only award points for language ability based on the written material included with the application and the applicant will not know in advance how many points the officer is awarding for language skill.

Adaptability

Adaptability selection points are awarded if the applicant show that the applicant or his/her dependants will adapt easily to living in Canada. Applicants may receive a maximum of 10 points under the adaptability category.

An applicant, his or her spouse, or common-law partner may only count points from each category once. In other words, if both the applicant and his or her spouse are eligible for selection points under a particular category, selection points will only be awarded for one of them. The breakdown of the adaptability categories is shown by the following chart:

Spouse or common-law partner's level of education: Secondary school (high school) diploma or less: 0 points A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies: 3 points A two or three-year diploma, trade certificate, apprenticeship, or university degree and at least 14 years of full-time or full-time equivalent studies: 4 points A Master's Degree or PhD and at least 17 years of full-time or full-time equivalent studies: 5 points	3-5
Previous study in Canada: The applicant, or accompanying spouse or common-law partner, must have completed a program of full-time study of at least two year's duration at a post-secondary institution in Canada. This must have been done after the person reached 17 years or age old and with a valid student authorization. There is no need to have obtained an educational credential for these two years of study to earn these selection points.	5
Previous work in Canada: The applicant, or accompanying spouse or common-law partner, must have completed a minimum of one year of full-time work in Canada on a valid work permit.	5
Arranged employment: The applicant, or accompanying spouse or common-law partner, can claim five additional points if he or she has arranged employment.	5
Relatives in Canada: If the applicant, or accompanying spouse or common-law partner, has a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew) who is residing in Canada and is a Canadian citizen or permanent resident, five additional points are awarded.	5