Pursuant to Regulation 82, 10 points are awarded if the applicant falls within one of three situations of arranged employment at the time an application is made as well as at the time the visa is issued (R77). This category may prove to be extremely helpful in obtaining additional points for a client as it introduces a new evaluation by Human Resources Development Canada ("HRDC") based on a "prevailing wage determination" rather than on wehether Canadian are available to do the job.
HRDC CONFIMATIONS
Regulation 82(2)(a) provides that 10 points will be awarded for arranged employment in Canada if the applicant is currently working in Canada on an HRDC confirmed temporary work visa that is valid for at least 12 months after the date of the application for a permanent resident visa, and the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued.
Given the fact that many wok permits are issued for one year, it is not clear how applicants will be able to meet the requirements of having a work permit valid for 12 months after the date of application. The National Citizenship and Immigration Section has been advised by the Policy Analyst for the Skilled Woker Immigration Program at CIC that a regulatory amendment is being considered regarding the one year validity issue, which creates problems, particulary for applicants who are in Canada on a one year NAFTA work permit and who wish to apply for permanent residence. However, at the present time, we have been advised by CIC that NAFTA temporary workers applying for permanent residence should attach a letter from their employer verifying that the employer is offering the applicant a permanent job if the permanent resident visa is issued and officers will be "flexible" when applying the arranged employment points. We have also been advised by CIC that the Case Processing Centre in Vegreville will extend work permits when contacted by an employer who wants to hire a worker who is applying for permanent residence on a permanent basis.
In determining whether a job offer will be confirmed, HRDC follos the provisions of Regulation 203 which requires that HRDC determine whether the job is genuine and if the employment "is likely to have a neutral or positive economic effect on the labour market in Canada." The factors that will be considered by HRDC require an assessment of the labour market based on criteria outline in Regulation 203(3), which can be difficult to satisfy.
Accoording to Chaper OP6, s. 10.13, HRDC may confirm job offers in occupations listed in Skill Type O, Skill Level A or B of the NOC and may not confirm job offers in Skill Level C or D unless requested to do so by the Canada Immigration Centre.
CONFIRMATION EXEMPT EMPLOYMENT
Pursuant to Regulation 82(2)(b), 10 points are awarded if the applicant is currently working in Canada in a confirmation exempt category under NAFTA, GATS, or the Canada-Chile Free Trade Agreement or in a significant benefit category, such as intra-company transferee.
In this situation, the work permit must also be valid for at least 12 months after the date of application for a permanent resident visa, and the employer must have made an offer to employ the applicant on an ideterminate basis if the permanent resident visa is issued.
