Business Immigrants Must Act Fast If They Intend To Immigrate To Canada 

publication 

May 2014

Immigration Bulletin
The Canadian Government is calling on all eligible foreign workers wishing to immigrate to Canada to act fast on completing their permanent residence applications because over the next year there are limits on the number of applications Citizenship and Immigration Canada (CIC) will consider for the various economic classes that do not require arranged employment.

From May 1, 2014 to April 30, 2015, CIC will consider a maximum of:

-    25,500 applications under the Federal Skilled Worker Class (FSW);
-    5,000 applications under the Federal Skilled Trades Class (FST); and
-    8,000 applications under the Canadian Experience Class (CEC).

The above noted economic classes for permanent residence applications have their own sub-caps as well which are further dissected below. And for further clarity, these caps do not affect applications received before May 1, 2014.

Federal Skilled Worker sub-cap

Within the overall cap of 25,500 applications, 500 applications will be considered in the PhD student/graduate stream. Furthermore, a maximum of 1,000 FSW applications for each of the 50 eligible occupations will be considered for processing. The complete list of eligible FSW occupations can be found on the CIC website.

A limit has not been set on the number of FSW applications with offers of arranged employment from a Canadian employer.

Federal Skilled Trades sub-cap

Within the overall 5,000 FST cap, a maximum of 100 complete FST applications for each of the 90 eligible skilled trade occupations will be considered for processing. Caps will apply regardless of there being an offer of employment or a certificate of qualification from a provincial or territorial apprenticeship authority. The 90 eligible FST occupations are restricted to the following groups listed in the 2011 version of the National Occupation Classification:

  • industrial, electrical and construction trades;
  • maintenance and equipment operation trades;
  • supervisors and technical occupations in natural resources, agriculture and related production;
  • processing, manufacturing and utilities supervisors and central control operators;
  • chefs and cooks; and
  • butchers and bakers.

Canadian Experience Class sub-cap

Within the overall 8,000 CEC cap, there is a maximum of 200 CEC applications for each eligible occupation that is considered more technical or skilled in nature. There is no sub-cap on CEC applications for occupations in managerial or professional occupations, but these occupations are still subject to the overall cap of 8,000 new complete applications. Furthermore, there are 6 occupations that are ineligible for processing under this category.

Hold continues for Entrepreneurs and Investors

The moratorium on the receipt of new applications under the Federal Investor and Federal Entrepreneur Classes remains in effect.

Last thoughts

The purpose of these new caps is to help address key labour market pressures faced by the Canadian economy while enabling CIC to alleviate some of the backlog and prepare for the introduction of a more efficient application management system. It is advisable that eligible foreign workers not postpone their ambitions to immigrate to Canada and to contact us immediately should you need assistance or have any questions.

If you have any questions regarding this bulletin, please contact any member of McMillan's Business Immigration Group.

by David Elenbaas and Ruba El-Sayegh

a cautionary note


The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2014