To ensure that the Express Entry system is responsive to Canada’s changing economic and labour market needs, section 11.2 of the Immigration and Refugee Protection Act (IRPA) was amended to grant the authority to the minister of Immigration, Refugees and Citizenship to issue Express Entry invitations to apply for permanent residence on the basis of eligibility for a category (category-based selection).
The Express Entry program delivery instructions have been updated to reflect the changes to section 11.2 and to instruct officers on how to assess Express Entry category-based selection applications where the principal applicant was invited by virtue of their membership in a category.
The instructions have been updated to provide clarity on how to assess Comprehensive Ranking System (CRS) points for
- education
- a certificate of qualification
- a change in circumstance declared after an e-APR has been submitted
General and program-specific rounds of invitation
For general and program-specific rounds of invitations, when reviewing an application, processing officers must determine if
- the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation
- when the applicant submits their e-APR, the information provided in their Express Entry profile has not considerably changed to the degree that the applicant would not have been issued an ITA in that round of invitations
General and program-specific rounds of invitation: Officer review stages
Minimum entry criteria (MEC) | CRS scoring |
---|---|
At the time of the ITA and at the time the eAPR was received, verify if the applicant met the MEC, which are the requirements of the program to which they were invited to apply. | Verify that the applicant’s CRS score, at the time the e-APR was received, has not fallen below that of the lowest-ranked candidate invited to apply in that round of invitations. |
Accordingly, officers should refuse an application under section A11.2 if it is determined that
- at the time of the ITA or at the time the e-APR was received, the applicant did not or does not meet the MEC, which are the requirements of the program to which they were invited to apply or
- the applicant’s recalculated CRS score, at the time e-APR was received, has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations
Category-based selection rounds of invitation
For category-based selection (CBS) rounds of invitations, when reviewing an application, processing officers have an additional review stage to verify the applicant’s eligibility to be a member of the category.
Category-based selection rounds of invitation: Officer review stages
1) Criteria for membership in a category | 2) Minimum Entry Criteria (MEC) | 3) CRS Scoring |
---|---|---|
At the time of the ITA and at the time the e-APR was received, verify that the applicant met the criteria for membership in the category specified in the ministerial instructions for the given round of invitation. | At the time of the ITA and at the time the e-APR was received, verify that the applicant met the MEC, which are the requirements of the program to which they were invited to apply. | Verify that the applicant’s CRS score at the time the e-APR was received has not fallen below that of the lowest-ranked candidate invited to apply in that round of invitations. |
Accordingly, officers should refuse an application under section A11.2 if it is determined that
- at the time of the ITA or at the time the e-APR was received, the applicant did not meet the criteria for membership in a category, even if they were issued an invitation on the basis that they were eligible to be a member of that category or
- at the time of the ITA or at the time the e-APR was received, the applicant did not or does not meet the MEC, which are the requirements of the program to which they were invited to apply or
- the applicant’s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations.
Identifying the category and related criteria
Officers must identify whether the applicant was sent an ITA as a member of a category by identifying the specific round of invitation they were invited for in the GCMS, and by consulting the specific ministerial instructions for their round, which will clearly indicate the eligibility criteria that the applicant must meet for the category.
Assessing membership in the category
To assess the eligibility to be a member of a category based on language proficiency or work experience in a specific eligible National Occupational Classification (NOC), officers must determine if the applicant meets all of the eligibility criteria of the relevant category.
If a category is based on language requirements
To qualify in the category, the applicant must meet the minimum language proficiency requirements indicated in the specific ministerial instructions respecting invitations to apply for permanent residence under the Express Entry system for their round.
Please consult the Language requirements section for information on how to assess the Canadian Language Benchmarks (CLBs) (for English) and the Niveaux de compétence linguistique canadiens (for French).
Language test results must not be more than 2 years old at the time of the ITA and at the time of the e-APR.
If a category is based on work experience in a specific NOC
To qualify in an occupation-based category, applicants must have accumulated, over a continuous period, at least six months of full-time work experience, or the equivalent in part-time work within the three-year period preceding the time the ITA was sent and at the time the e-APR was received in one of the occupations indicated in the specific ministerial instructions respecting invitations to apply for permanent residence under the Express Entry system for their round.
Work experience must be acquired continuously over a period of at least six months (or 780 hours of work experience over a period of at least six months); work in excess of 30 hours per week over a shorter period cannot compensate for any shorter overall period of experience.
“Work” has the same meaning as in subsection 73(2) of the Regulations (paragraph 1 of the Ministerial Instructions Respecting Invitations to Apply for Permanent Residence under the Express Entry System).
For the work experience during that period of employment, the applicant must have done both of the following:
- performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC
- performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties
Any periods of unauthorized work will not be included in calculating the period of work experience (paragraph 4 of the Ministerial Instructions Respecting Invitations to Apply for Permanent Residence under the Express Entry System).
If the applicant is self-employed,Footnote1 documentary evidence of their work experience can include articles of incorporation or other evidence of business ownership, evidence of self-employment income and documentation from third-party individuals indicating the service provided along with payment details (self-declared main duties or affidavits are not acceptable proof of self-employed work experience).
Making an eligibility decision
Processing officers must enter a decision on section A11.2 in the Global Case Management System (GCMS) before an application can be finalized. All eligibility decisions must be processed on the Express Entry eligibility screen.
See below for instructions on how to assess a change in circumstance that is declared after an e-APR has been submitted.
Template refusal letters for the federal skilled worker class (FSWC), the federal skilled trades class (FSTC), the Canadian experience class (CEC), and the provincial nominee class (PNC) include options for refusal under section A11.2, for failing to meet program requirements, or failing to meet category requirements.
Change in circumstance declared in an e-APR
Express Entry candidates are responsible for ensuring that the information in their profile is accurate and up to date at all times.
When a candidate is issued an ITA, their profile information and their CRS score are automatically recorded in the GCMS.
If a candidate decides to submit an e-APR, the system automatically transfers the information from their profile to their e-APR for their convenience. The candidate is required to ensure that the information is still accurate before they submit their e-APR to IRCC. If the information transferred from the candidate’s profile is no longer accurate, the candidate must update their application accordingly.
At the time the applicant submits an e-APR to IRCC, the information in their application is locked, and their CRS score at the time of their application is recorded in the GCMS.
Processing officers must compare the information in the applicant’s profile at the time of the round of invitations to the information at the time the applicant submits their e-APR to ensure that the applicant meets the requirements of section A11.2. Note that not all discrepancies should result in a refusal.
Requirement to maintain the MEC
Ministerial instructions created under the authority of paragraph A10.3(1)(e) list the MEC for Express Entry. Applicants must meet the MEC, which are the requirements of the federal program (FSWC, FSTC, or CEC) to which they were invited to apply, to be accepted into the Express Entry pool. They must also meet the MEC when they are issued an ITA and when they submit their e-APR.
If an applicant’s situation changes in the time between their receipt of an ITA and the time they submit their e-APR to such a degree that they no longer meet the requirements of the program to which they were invited to apply, the application must be refused under section A11.2.
Requirement to maintain the CRS score
Ministerial Instructions given under the authority of paragraph A10.3(1)(h) determine the basis on which Express Entry candidates are ranked. Under section A11.2, applicants are required to maintain the qualifications that led them to be included in the top-ranked candidates to be issued an ITA in a particular round of invitations.
When a round of invitations occurs, IRCC invites the top-ranked candidates in the Express Entry pool to apply for permanent residence. Candidates in the pool are ranked based on self-declared qualifications in their profile and according to IRCC’s CRS. After each round of invitations, IRCC publishes the score of the lowest-ranked candidate to receive an ITA in that round of invitations.
An applicant’s CRS score is automatically recorded in GCMS at the time when
- their ITA is issued
- their e-APR is submitted
At the time of the e-APR, processing officers should compare both CRS scores to determine which of the following scenarios should be applied:
- If the applicant’s CRS score at the time of the e-APR is equal to or higher than the lowest-ranked score in the round of invitations, the application will not be refused under section A11.2, as long as the applicant’s supporting documentation corroborates their claims and they continue to meet the MEC for Express Entry, including the requirements of the program to which they were invited to apply.
- If the applicant’s CRS score at the time of the e-APR is lower than the lowest-ranked score in the round of invitations, the application should be refused under section A11.2 for not having maintained the qualifications that would justify the ITA.
Ministerial instructions related to the CRS may be revised periodically. Applications must be assessed under section A11.2 according to the ministerial instructions in force during the round of invitations to which the candidate is invited. In other words, an applicant’s CRS score at the time of the ITA and at the time of application should be calculated based on the ministerial instructions in place at the time of the ITA.
Evaluating the qualifications claimed: Education and Certificate of Qualification
Comprehensive Ranking System (CRS) criteria: Education
Points for core human capital factors and skill transferability
To be awarded CRS points for education, whether as a core human capital or skill transferability factor, the applicant (and accompanying spouse or common-law partner, where applicable) must
- provide evidence that they have earned a Canadian secondary or postsecondary educational credential or
- submit their completed foreign educational credential and the equivalency assessment (educational credential assessment [ECA] report) issued by a designated organization or institution
If the applicant completed a Canadian secondary or post-secondary educational credential, and the Canadian educational institution where they completed their program of study was a designated learning institution (DLI) during the completion of their program, this is an indication that the credential meets the definition of “Canadian educational credential” which, for the purposes of assigning points, has the same meaning as in subsection R73(1).
If the applicant completed a foreign diploma, certificate or credential, the ECA report must indicate an equivalency to a completed Canadian secondary or post-secondary educational credential from a “recognized institution.”
The assessment results shown on the ECA report must match one of the outcomes found in the ECA conversion table , which lists the equivalency assessment outcomes and applicable education points. If the equivalency assessment outcome is not included in the conversion table, officers may request more information from the IPG generic mailbox.
In addition, an ECA with an assessment result showing “from a non-recognized institution” is not accepted. If the ECA results are five or more years old at the time the e-APR was received, the results are no longer valid and the points should be removed.
CRS points for additional factors
To be awarded CRS Points for additional factors for a Canadian educational credential, the applicant must provide evidence that they have earned an eligible Canadian post-secondary educational credential.
To be an eligible Canadian post-secondary educational credential, it must be
- issued by a Canadian public post-secondary institution or public flight school or
- from Canadian private post-secondary institution, provided it operated under the same rules and regulations as a Canadian public post-secondary institution or if a provincial statute authorizes that institution to confer that credential
The eligibility requirements to be awarded CRS points for additional factors for education are generally aligned with the requirements for post-graduation work permit (PGWP) eligible programs and institutions. Institutions or programs that are not eligible for a PGWP (at the time of e-APR) should not be awarded CRS points for additional factors (they can, however, be awarded points for core human capital factors and skill transferability if the institution is a DLI).
Note: While Canadian flight schools offer PGWP eligible programs, not all flight school credentials are eligible for CRS points for additional factors for education. The majority of flight schools are private institutions operating as a business for the purpose of offering private training programs and therefore do not meet the requirements of section 30(4) of the ministerial instructions respecting the Express Entry system. Only public flights schools and select institutions in Quebec issue eligible credentials.
See the DLI list to verify whether the institution offers PGWP-eligible programs and that the program the applicant completed is also eligible. If the information is not available, officers may request more information from the IPG generic mailbox.
Points are only assigned if the applicant
- studied at a Canadian educational institution that is located in Canada
- completed at least eight months of thatstudy on a full-time basis2
- was physically present in Canada for atleast eight months of that study or trainingFootnote2
Ineligible credentials include
- credentials obtained in a program inwhich the study of English or French as a second language amounted to morethan half of the program (credits)
- credentials obtained in a program inwhich distance learning amounted to more than half of the program(credits)2 or
- credentials obtained in a program wherethe applicant is receiving a scholarship or fellowship that stipulatedthat they must return to their home country to apply the knowledge andskills gained after completion
Comprehensive Ranking System (CRS) Criteria: Certificate of Qualification
To be awarded skill transferability factor CRS points for a certificate of qualification in a trade occupation, the certificate must be issued by the body that governs trades in a province or territory. A certificate of qualification proves that a person is qualified to work in a certain skilled trade, that is, they have passed a certification exam and meet all the requirements to practice their trade in that province or territory. Depending on the province or territory, this certificate is called a “certificate of qualification” or a “qualification certificate,” and will be clearly indicated on the certificate.
For the purposes of obtaining skill transferability factor CRS points for a certificate of qualification, only the following occupations listed in the National Occupational Classification are eligible:
5-Digit NOC Code | NOC Title |
---|---|
22114 | Landscape and horticulture technicians and specialists |
22212 | Drafting technologists and technicians |
22311 | Electronic service technicians (household and business equipment) |
22312 | Industrial instrument technicians and mechanics |
62200 | Chefs |
63200 | Cooks |
63201 | Butchers – retail and wholesale |
63202 | Bakers |
63210 | Hairstylists and barbers |
72010 | Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations |
72011 | Contractors and supervisors, electrical trades and telecommunications occupations |
72012 | Contractors and supervisors, pipefitting trades |
72013 | Contractors and supervisors, carpentry trades |
72014 | Contractors and supervisors, other construction trades, installers, repairers and servicers |
72020 | Contractors and supervisors, mechanic trades |
72021 | Contractors and supervisors, heavy equipment operator crews |
72022 | Supervisors, printing and related occupations |
72023 | Supervisors, railway transport operations |
72024 | Supervisors, motor transport and other ground transit operators |
72025 | Supervisors, mail and message distribution occupations |
72100 | Machinists and machining and tooling inspectors |
72101 | Tool and die makers |
72102 | Sheet metal workers |
72103 | Boilermakers |
72104 | Structural metal and platework fabricators and fitters |
72105 | Ironworkers |
72106 | Welders and related machine operators |
72200 | Electricians (except industrial and power system) |
72201 | Industrial electricians |
72202 | Power system electricians |
72203 | Electrical power line and cable workers |
72204 | Telecommunications line and cable installers and repairers |
72205 | Telecommunications equipment installation and cable television service technicians |
72300 | Plumbers |
72301 | Steamfitters, pipefitters and sprinkler system installers |
72302 | Gas fitters |
72310 | Carpenters |
72311 | Cabinetmakers |
72320 | Bricklayers |
72321 | Insulators |
72400 | Construction millwrights and industrial mechanics |
72401 | Heavy-duty equipment mechanics |
72402 | Heating, refrigeration and air conditioning mechanics |
72403 | Railway carmen/women |
72404 | Aircraft mechanics and aircraft inspectors |
72405 | Machine fitters |
72406 | Elevator constructors and mechanics |
72410 | Automotive service technicians, truck and bus mechanics and mechanical repairers |
72411 | Auto body collision, refinishing and glass technicians and damage repair estimators |
72420 | Oil and solid fuel heating mechanics |
72421 | Appliance servicers and repairers |
72422 | Electrical mechanics |
72423 | Motorcycle, all-terrain vehicle and other related mechanics |
72429 | Other small engine and small equipment repairers |
72500 | Crane operators |
72501 | Water well drillers |
72999 | Other technical trades and related occupations |
73100 | Concrete finishers |
73101 | Tilesetters |
73102 | Plasterers, drywall installers and finishers and lathers |
73110 | Roofers and shinglers |
73111 | Glaziers |
73112 | Painters and decorators (except interior decorators) |
73113 | Floor covering installers |
73200 | Residential and commercial installers and servicers |
73201 | General building maintenance workers and building superintendents |
73202 | Pest controllers and fumigators |
73209 | Other repairers and servicers |
73300 | Transport truck drivers |
73301 | Bus drivers, subway operators and other transit operators |
73310 | Railway and yard locomotive engineers |
73311 | Railway conductors and brakemen/women |
73400 | Heavy equipment operators |
73401 | Printing press operators |
73402 | Drillers and blasters – surface mining, quarrying and construction |
82010 | Supervisors, logging and forestry |
82020 | Supervisors, mining and quarrying |
82021 | Contractors and supervisors, oil and gas drilling and services |
82030 | Agricultural service contractors and farm supervisors |
82031 | Contractors and supervisors, landscaping, grounds maintenance and horticulture services |
83100 | Underground production and development miners |
83101 | Oil and gas well drillers, servicers, testers and related workers |
83110 | Logging machinery operators |
83120 | Fishing masters and officers |
83121 | Fishermen/women |
92010 | Supervisors, mineral and metal processing |
92011 | Supervisors, petroleum, gas and chemical processing and utilities |
92012 | Supervisors, food and beverage processing |
92013 | Supervisors, plastic and rubber products manufacturing |
92014 | Supervisors, forest products processing |
92015 | Supervisors, textile, fabric, fur and leather products processing and manufacturing |
92020 | Supervisors, motor vehicle assembling |
92021 | Supervisors, electronics and electrical products manufacturing |
92022 | Supervisors, furniture and fixtures manufacturing |
92023 | Supervisors, other mechanical and metal products manufacturing |
92024 | Supervisors, other products manufacturing and assembly |
92100 | Power engineers and power systems operators |
92101 | Water and waste treatment plant operators |
93100 | Central control and process operators, mineral and metal processing |
93101 | Central control and process operators, petroleum, gas and chemical processing |
93102 | Pulping, papermaking and coating control operators |
Note: Please note there are additional occupations eligible for skill transferability factor CRS points for a certificate of qualification that are not eligible for the purposes of meeting the eligibility requirements of the FSTC. See Federal skilled trades class (FSTC) for more information.
The applicant does not need to have work experience in the NOC as part of their application in order to be awarded CRS points for a certificate of qualification.
Officers may send an email to the IPG generic mailbox if they have concerns regarding whether the certificate provided meets the requirements.
If, after removing the qualifications claimed, the applicant’s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations , officers should refuse an application under section A11.2.
Evaluating PNC applicants under section A11.2
As per section A11.2, PNC applications that come through Express Entry must also meet the requirements of one of the three immigration programs managed through Express Entry (FSWC, FSTC or CEC).
A candidate may appear to meet the program requirements of more than one federal immigration program. When this occurs, the processing office must only determine that the applicant meets the requirements for one of the federal programs for which they have been tagged. Once the applicant is determined to have met the requirements for one of the federal immigration programs, there is no need to further assess the others.
Processing offices should assess PNC applicants for federal programs in the following order:
- CEC
- FSWC
- FSTC
Should the applicant fail to meet the requirements of the first program considered, the processing office should consider the other programs in which the applicant has been tagged until either the applicant meets the requirements of one program or all possible programs in which the applicant has been tagged have been considered.
If it is determined that the applicant does not meet any of the tagged federal immigration programs, the application should be refused under section A11.2. Misrepresentation should also be considered, where applicable.
Note: Applicants under the CEC are exempt from the requirement not to be self-employed if they
- were invited to apply for a permanent resident visa through Express Entry on or after April 25, 2023, and they applied
- have work experience in Canada providing publicly funded medical services as
- a specialist physician (NOC 3111) or a general practitioner (NOC 3112) under NOC 2016 or
- a specialist in clinical and laboratory medicine (NOC 31100), a specialist in surgery (NOC 31101) or a general practitioner and family physician (NOC 31102) under NOC 2021
- meet the conditions set out in the temporary public policy
See Temporary public policy to facilitate the issuance of permanent resident visas for physicians providing publicly funded medical services in Canada. Similar exemptions have been made for applicants in these occupations in the ministerial instructions respecting the Express Entry system for the purpose of assigning Canadian work experience CRS points.
Exemption to section A11.2: candidates whose birthday occurs after they receive an ITA
An applicant may have a birthday after they receive an ITA but before they submit their e-APR. Their change in age may lower their CRS score below the lowest score in the round of invitations. It may also result in the applicant no longer meeting the minimum requirements of the FSWC and, consequently, no longer meeting the MEC, resulting in a refusal based on section A11.2.
When a change in age results in the candidate no longer meeting the MEC or having their recalculated CRS points score fall below the lowest points score in that round of invitations, officers should consider applying the public policy to exempt applicants for permanent residence from certain age-based requirements between invitation to apply and application, based on section A25.2. This consideration can result in an exemption from the refusal of an application under section A11.2.
This public policy also grants an exemption to applicants who may be refused for failing to meet FSWC program requirements when their birthday occurs between the ITA and e-APR.
Assessing for misrepresentation
Applicants are warned that if they misrepresent their qualifications in their Express Entry profile or their e-APR, they may face a five-year ban from submitting any further immigration applications to Canada, including temporary residence applications.
If there are discrepancies between the information in the applicant’s profile and the information in the applicant’s e-APR that are not the result of a legitimate change in the applicant’s circumstance, the officer should determine whether a finding of misrepresentation under section A40 applies.
For additional guidance on misrepresentation, processing offices should consult the misrepresentation section of chapter ENF 2. When Processing Provincial Nominee Program (PNP) applications, processing offices should also consult PNP applications: Determining admissibility.
The procedures for determining misrepresentation, including procedural fairness, remain the same under Express Entry.
If both section A11.2 and section A40 apply, the application should be refused on both grounds.
Change in circumstance declared after an e-APR has been submitted
To assess an application under section A11.2, a processing office must consider the information in an applicant’s profile at the time of the round of invitations and the information provided when the applicant submits their e-APR. After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless
- the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2; therefore, the application should be refused under section A11.2 or
- the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.
Changes to family composition
All family members must be examined as part of the e-APR, whether they are accompanying the principal applicant or not. Family members can be added to the application at any time during the process, including after the visa is issued, but prior to obtaining permanent resident status. Applicants are instructed to inform IRCC immediately if their family composition has changed (e.g., birth of a child, marriage, divorce).
Pursuant to subsection R4(1), the principal applicant may not include a spouse or common-law partner in their application if their relationship was entered into primarily to acquire any status or privilege under the Act or is not genuine. Similarly, in accordance with subsection R4(2), the principal applicant may not include an adopted child in their application if the adoption was entered into primarily to obtain any status or privilege under the Act or if it did not create a genuine parent–child relationship.
Section A11.2 does not apply when an applicant adds a family member to their application after the e-APR; however, the family member will have to be assessed, and the principal applicant must provide IRCC with the Additional Family Information form [IMM 5406 (PDF, 2.19 MB)] and pay the applicable fees online.
Data integrity in the GCMS
While assessing the requirements of section A11.2, processing officers must ensure that all discrepancies or changes in declared work experience or qualifications are amended and/or recorded in the GCMS to ensure data quality, integrity and availability.
Settlement funds
Settlement funds are not included in the CRS. They do, however, relate to the program requirements of FSWC and FSTC and may, by extension, be included in the MEC for Express Entry.
Candidates applying under the FSWC or the FSTC are required to meet the settlement funds requirement, unless they are currently authorized to work in Canada and have a qualifying offer of arranged employment from an employer in Canada.
Note: Candidates invited to apply under the Canadian experience class do not have to demonstrate that they meet the settlement funds requirement. If candidates are requested to include proof of funds when applying for permanent residence, they may upload a letter explaining why proof of funds is not needed under Proof of Means of Financial Support in the document checklist.
A change in an applicant’s family circumstances may affect the applicant’s eligibility, depending on the settlement funds required by the program to which they are applying.
For example, if an FSWC applicant submits an e-APR and later informs IRCC that a new baby was born, the officer should re-assess the application to determine that the applicant still meets the minimum settlement funds as required by the IRPR. If the applicant does not have the required settlement funds, the application may be refused for not meeting program requirements. When an applicant fails to declare a child in their e-APR but later informs IRCC that said child exists (and existed when they submitted their e-APR), the application should also be assessed under section A11.2.
Processing officers should apply the principles of procedural fairness when determining whether applicants meet program requirements for settlement funds.