Help! Immigration Canada Website Says I’m Not Eligible for Express Entry!
A question that frequently arises is from applicants who, though they have sufficient points to be selected, are found to be ineligible by the Express Entry “Come to Canada” tool. In order to be selected under Express Entry, applicants must 1) qualify under one of the Federal permanent residence programs, and 2) have sufficient points to be invited to apply for permanent residence in an Express Entry Draw.
The three Federal permanent residence programs under Express Entry are the Canadian Experience Class (CEC), the Federal Skilled Worker Program (FSW), and the Federal Skilled Trade Program (FST). Applicants must qualify under one of these programs in order to enter into the Express Entry pool.
Canadian Experience Class
In order to qualify under the Canadian Experience Class, applicants need to meet the minimum eligibility criteria of this program. The minimum requirements include:
- At least 12 months of skilled work experience in Canada in the 3 years before they apply.
- The work can be full-time or the equivalent in part-time
- The work must have been done with the proper immigration authorization
- The work must have been in a NOC skill level 0, A, or B
- The applicant must show that they did the duties set out in the job description of the selected NOC
- The work must have been paid
- Meet the required language level for writing, reading, listening, and speaking proven through an approved language test
- NOC 0 or A minimum CLB 7
- NOC B minimum CLB 5
- Plan to live outside the province of Quebec
Work experience gained in Canada while a full-time student doesn’t count under this program. Most self-employed work experience also doesn’t count under this program.
Though there is no education requirement under the CEC, applicants who have completed a program in Canada or who have undertaken an Educational Credential Assessment which finds that they have the equivalent of a Canadian diploma, degree, or certificate, will be eligible for additional points under Express Entry.
If an applicant meets the eligibility criteria for CEC, and they have sufficient points to be drawn, they will be selected under CEC.
Federal Skilled Worker Program
In order to qualify under the Federal Skilled Worker Program, applicants need to meet the minimum eligibility criteria of this program. The minimum requirements include:
- Scoring at least 67 points under the 100-point grid used to assess FSWs (this grid and these points are separate and apart from the score received under the Express Entry Comprehensive Ranking System).
- At least 1 year of continuous work experience inside or outside of Canada in the 10 years before they apply.
- The minimum 1 year of continuous work experience must have been in the NOC selected as their primary occupation
- The work can be full-time or the equivalent in part-time
- The work must have been in a NOC skill level 0, A, or B
- The work must have been paid
- If the work was obtained in Canada, it must have been obtained with the proper immigration authorization
- The applicant must show that they did the duties set out in the job description of the selected NOC
- Get a minimum score of CLB 7 for writing, reading, listening, and speaking proven through an approved language test
- Include either a Canadian educational credential or an Educational Credential Assessment (ECA) for their foreign education, even if the highest level of education was secondary school
- Show sufficient funds to support themselves in Canada
- Applicants who are currently legally able to work in Canada and have a valid job offer (qualifying offer of employment) do not need to prove they have sufficient funds
- Plan to live outside the province of Quebec
I would note that the work that the applicant wants assessed to meet the minimum period of qualifying work experience for FSW must be indicated in their Express Entry profile as their “primary occupation.” This work must have only been in 1 NOC. However, work in other skilled NOCs can be used for points both under the FSW 100-point grid as well as under the Express Entry Comprehensive Ranking System.
If an applicant meets the eligibility criteria for CEC, and they have sufficient points to be drawn, they will be selected under CEC. If they do not meet the eligibility requirements for CEC, but they meet the requirements for FSW, then they will be selected under the FSW program. Applicants cannot choose under which program they are selected.
Federal Skilled Trade Program
In order to qualify under the Federal Skilled Trade Program, applicants need to meet the minimum eligibility criteria of this program. The minimum requirements include:
- At least 2 years of work experience inside or outside of Canada in the 5 years before they apply
- The work can be full-time or the equivalent in part-time
- The work must have been in one of the eligible skilled trades under these major and minor groups of the 2016 NOC
- Major Group 72, industrial, electrical and construction trades,
- Major Group 73, maintenance and equipment operation trades,
- Major Group 82, supervisors and technical jobs in natural resources, agriculture and related production,
- Major Group 92, processing, manufacturing and utilities supervisors and central control operators,
- Minor Group 632, chefs and cooks, and
- Minor Group 633, butchers and bakers.
- The work must have been paid
- If the work was obtained in Canada, it must have been obtained with the proper immigration authorization
- The applicant must show that they did the duties set out in the job description of the selected NOC
- The applicant must meet the job requirements for that skilled trade as set out in the NOC, except for needing a certificate of qualification
- Get a minimum score, proven through an approved language test, of:
- CLB 4 for reading and writing, and
- CLB 5 for listening, and speaking
- Have either:
- A valid job offer (qualifying offer of employment) offer of full-time employment for a total period of at least one year; or
- A certificate of qualification in that skilled trade issued by a Canadian provincial or territorial authority
- Plan to live outside the province of Quebec
Though there is no education requirement under the FST program, applicants who have completed a program in Canada or who have undertaken an Educational Credential Assessment (ECA) which finds that they have the equivalent of a Canadian diploma, degree, or certificate, will be eligible for additional points under Express Entry. However, applicants cannot get an ECA for vocational training completed outside of Canada. As such, applicants whose highest education is vocational training undertaken outside of Canada will only be able to have their secondary education assessed for points.
Owing to the inability to have their vocational training assessed, applicants with experience in a skilled trade often have insufficient Express Entry Comprehensive Ranking Scores to be invited to apply for permanent residence in the general Express Entry Draws. Since January 2015, Immigration, Refugee, and Citizenship Canada have undertaken a small number of Federal Skilled Trade specific Express Entry draws where they have drawn candidates with scores as low as 199 (May 26, 2017) and 241 (November 1, 2017). It is not known when the next Federal Skilled Trade specific Express Entry draw will occur.
Some provinces, such as Ontario, also have provincial nomination programs for certain skilled workers.
The reason why some applicants do not qualify for Express Entry despite having sufficient points is that they do not also qualify for one of the 3 aforementioned Federal permanent residence programs. In particular, many FSW applicants may not qualify because they don’t have 67 points under the 100-point FSW grid, or because they do not have 1 year of continuous work experience in their selected primary occupation.
The lawyers of Capelle Kane are well versed in the various permanent residence programs as well as the intricacies of the Express Entry system. Please contact us for a consultation if you wish to discuss your eligibility or to obtain more information about moving permanently to Canada.