Regulation 87.3 — CRS — skill transferability factors

(1) For the purposes of subsection 12(2) of the Act, the Atlantic immigration class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

(2) A foreign national is a member of the Atlantic immigration class if they

(a) are named in an endorsement certificate issued by the government of an Atlantic province — on or after the day on which this section comes into force — under an Atlantic immigration agreement between that province and the Minister, which must be valid on the date on which their application for a permanent resident visa is made and must not subsequently have been revoked;

(b) intend to reside in the Atlantic province that issued the endorsement certificate;

(c) meet either the work experience requirements set out in subsections (3) and (4) or the recent graduate requirements set out in subsection (5);

(d) have an offer of employment that meets the requirements set out in subsections (6) and (7);

(e) meet the educational requirements set out in subsection (9);

(f) have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must be less than two years old on the date on which their application for a permanent resident visa is made and must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

(g) have — unless they are authorized to work and already working in Canada — in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members.

(3) A foreign national meets the work experience requirements if

(a) they have acquired, within the five years before the date on which their application for a permanent resident visa is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in at least one of the occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification;

(b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

(c) during that period of employment they 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.

(4) For the purposes of paragraph (3)(a),

(a) any period of self-employment is not included in calculating a period of work experience; and

(b) any period of work acquired in Canada is not included in calculating a period of work experience, unless the foreign national was authorized to work and had temporary resident status during that period.

(5) A foreign national meets the recent graduate requirements if they

(a) obtained, as a full-time student, within the two years before the date on which their application for a permanent resident visa is made, a post-secondary educational credential issued by an institution in an Atlantic province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister, as amended from time to time, on the completion of a program of study that was

(i) of at least two years in duration,

(ii) not devoted primarily to the study of English or French as a second language, and

(iii) undertaken primarily as in-person learning;

(b) were physically present in the Atlantic province for at least 16 months during the two years preceding the day on which that credential was issued;

(c) had temporary resident status for the entire period of study working toward the credential and any work or study completed during that period was authorized; and

(d) were not in receipt of a scholarship or fellowship that was conditional on their return to another country at the conclusion of their studies.

(6) The offer of employment must meet the following requirements:

(a) it must be for continuous full-time work having a duration that is

(i) indeterminate, in the case of an offer for employment in an occupation that is listed in TEER Category 4 of the National Occupational Classification, or

(ii) of at least one year after the date on which a permanent resident visa is issued, in any other case;

(b) it must be for employment that the foreign national is able to perform and is likely to accept and carry out;

(c) it must be made by the employer named in the endorsement certificate, and that employer must not be referred to in any of subparagraphs 200(3)(h)(i) to (iii) or more than 50% owned or controlled, directly or indirectly, by the foreign national or their spouse or common-law partner; and

(d) it must be for employment in an occupation that

(i) is listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification, in the case of a foreign national who meets the recent graduate requirements,

(ii) corresponds to unit group 33102 or 44101 of the National Occupational Classification, in the case of a foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 31301 or 32101 of the National Occupational Classification, or

(iii) is listed in a TEER category in the National Occupational Classification that is at the same level or a higher level than the occupation in which most of the work experience relied on for the purpose of paragraph (3)(a) was acquired, in any other case.

(e) [Repealed, SOR/2022-220, s. 9]

(7) For the purposes of subparagraph (6)(d)(iii),

(a) TEER Category 0 in the National Occupational Classification is at a higher level than TEER Category 1;

(b) TEER Category 1 is at a higher level than TEER Categories 2 and 3;

(c) TEER Categories 2 and 3 are at the same level; and

(d) TEER Categories 2 and 3 are at a higher level than TEER Category 4.

(8) [Repealed, SOR/2022-220, s. 9]

(9) A foreign national meets the educational requirements if

(a) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 0 or 1 of the National Occupational Classification, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to such a Canadian educational credential; or

(b) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 2, 3 or 4 of the National Occupational Classification, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.