CANADIAN IMMIGRATION RESTRICTED TO 38 DISTINCT OCCUPATIONS – Effective February 27, 2008

Submitted by raterombiz on Fri, 11/28/2008 - 13:25

De la Veronica Zanfir, Senior Associate Lawyer, Bomza Law Group - Noile legi eliberate azi, Nov. 28, 2008
Veronica G. Zanfir, B.A. (Hons.), LL.b. vzanfir@bomzalawgroup.com
1-403-809-1777, 1-800-993-9971 X 403

CANADIAN IMMIGRATION RESTRICTED TO 38 DISTINCT OCCUPATIONS – Effective February 27, 2008

On Friday, November 28, 2008, the Ministry of Citizenship and Immigration published its new list of allowable occupations for individuals seeking to apply for permanent residence to Canada under the Federal Skilled Worker category. The list of restricted occupations, which focuses on occupations in the health, skilled trade, resource extraction and higher education sectors, is part of ministerial instructions that have been issued to CIC officers at Canadian visa posts worldwide to identify immigration applications that will be given priority processing. The instructions will be applied to all cases filed on or after February 27, 2008.

Application of the Instructions

Pursuant to the ministerial instructions, Federal Skilled Worker applicants who have submitted an application for immigration to Canada on or after February 27, 2008 must have occupations that are identified in the list of 38 distinct occupations.

All Federal Skilled Worker applications will now go through a pre-screening stage at the recently-established CIC office in Sydney, Nova Scotia, wherein only those that fit under the new criteria will be forwarded to the relevant visa post for processing. All other applications will not be processed, and the associated processing fees returned.

Exceptions

The ministerial instructions only affect applications for permanent residence to Canada that were submitted under the Federal Skilled Worker category on or after February 27, 2008. The Minister has, however, allowed for some key exceptions to these instructions, including:

- applications submitted with an offer of arranged employment;
- applications submitted by foreign nationals who have been residing legally in Canada for at least one year as temporary foreign workers or international students;
- applications submitted by refugees, protected persons, or persons making a request on humanitarian and compassionate grounds from within Canada; and
- applications submitted under another category of the economic class, including: Canadian Experience Class; Investors; Live-in Caregivers; Quebec economic applicants; and Provincial Nominees.

All of the above applications, and those submitted under other classes, including family class or temporary resident applications, will continue to process in the same manner, with the same priority as usual.

Complete List of Restricted Occupations

o 0111 Financial Managers
o 0213 Computer and Information Systems Managers
o 0311 Managers in Health Care
o 0631 Restaurant and Food Service Managers
o 0632 Accommodation Service Managers
o 0711 Construction Managers
o 1111 Financial Auditors and Accountants
o 2113 Geologists, Geochemists and Geophysicists
o 2143 Mining Engineers
o 2144 Geological Engineers
o 2145 Petroleum Engineers
o 3111 Specialist Physicians
o 3112 General Practitioners and Family Physicians
o 3141 Audiologists and Speech Language Pathologists
o 3143 Occupational Therapists
o 3142 Physiotherapists
o 3151 Head Nurses and Supervisors
o 3152 Registered Nurses
o 3215 Medical Radiation Technologists
o 3233 Licensed Practical Nurses
o 4121 University Professors
o 4131 College and Other Vocational Instructors
o 6241 Chefs
o 6242 Cooks
o 7213 Contractors and Supervisors, Pipefitting Trades
o 7215 Contractors and Supervisors, Carpentry Trades
o 7217 Contractors and Supervisors, Heavy Construction Equipment Crews
o 7241 Electricians (Except Industrial and Power System)
o 7242 Industrial Electricians
o 7251 Plumbers
o 7252 Steamfitters, Pipefitters and Sprinkler System Installers
o 7265 Welders and Related Machine Operators
o 7312 Heavy-Duty Equipment Mechanics
o 7371 Crane Operators
o 7372 Drillers and Blasters – Surface Mining, Quarrying and Construction
o 8221 Supervisors, Mining and Quarrying
o 8222 Supervisors, Oil and Gas Drilling and Service
o 9212 Supervisors, Petroleum, Gas and Chemical Processing and Utilities

This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.

For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group at 1-403-809-1777, 1-800-993-9971 X 403 or e-mail Veronica G. Zanfir, B.A. (Hons.), LL.b. at vzanfir@bomzalawgroup.com