Regulation 56 — Federal Skilled Worker — minimum work experience
Text of provision
(1) [Repealed, SOR/2008-188, s. 1]
(2) An application for a permanent resident card must be made in Canada and include
(a) an application form that contains the following information, namely,
(i) the applicant’s name and date and place of birth,
(ii) the applicant’s gender, height and eye colour,
(iii) the date on which and the place where the applicant became a permanent resident,
(iv) the applicant’s mailing address,
(v) the addresses of all of the applicant’s places of residence during the previous five years,
(vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,
(vii) the periods during the previous five years that the applicant was absent from Canada,
(viii) [Repealed, SOR/2008-188, s. 1]
(ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and
(x) whether the applicant has lost their permanent resident status or has been issued a removal order;
(b) [Repealed, SOR/2008-188, s. 1]
(c) a copy of
(i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,
(ii) a certificate of identity issued in Canada to the applicant by the Minister, or
(iii) refugee travel papers issued in Canada to the applicant by the Minister;
(d) a copy of
(i) the form IMM1000, entitled “Record of Landing”, held by the applicant,
(ii) a provincial driver’s license held by the applicant,
(iii) a photo-identity card held by the applicant and issued by a province,
(iv) a student card held by the applicant and issued by a provincially accredited college or university, or
(v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and
(e) two identical photographs that
(i) were taken not more than 12 months before the application was made,
(ii) [Repealed, SOR/2008-188, s. 1]
(iii) are in black and white or colour on paper,
(iv) show a full front view of the applicant’s head and shoulders and have a white background,
(v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,
(vi) show the applicant’s face unobscured by sunglasses or any other object, and
(vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).
(3) [Repealed, SOR/2008-188, s. 1]
Plain English
Regulation 56(1) requires that FSW applicants have at least one year of continuous full-time work experience (or the equivalent in part-time experience) in an occupation listed in NOC TEER 0, 1, 2, or 3 in the five years preceding the application. The experience must be paid (volunteer experience does not qualify).
Work experience outside Canada counts, as does work experience in Canada (including work on a work permit). Self-employment experience may count if the applicant can demonstrate it is comparable to paid employment.
Practical effect
The minimum experience requirement is the most common reason for FSW class ineligibility. Applicants who lack one year of continuous skilled work experience cannot apply under FSW — they may be eligible under CEC if they have Canadian work experience, or FSTC if they have skilled trades experience. The NOC TEER classification — replacing the old NOC 0/A/B categories — determines which occupations qualify. The NOC code assigned by IRCC may differ from the applicant's claimed occupation and the difference can affect eligibility.