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Immigration and Refugee Protection Regulations

Version of section 82 from 2006-03-22 to 2011-03-31:


Marginal note:Definition — arranged employment

  •  (1) In this section, arranged employment means an offer of indeterminate employment in Canada.

  • Marginal note:Arranged employment (10 points)

    (2) Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the employment and

    • (a) the skilled worker is in Canada and holds a work permit and

      • (i) there has been a determination by an officer under section 203 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive effect on the labour market in Canada,

      • (ii) the skilled worker is currently working in that employment,

      • (iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and

      • (iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;

    • (b) the skilled worker is in Canada and holds a work permit referred to in paragraph 204(a) or 205(a) or subparagraph 205(c)(ii) and the circumstances referred to in subparagraphs (a)(ii) to (iv) apply;

    • (c) the skilled worker does not intend to work in Canada before being issued a permanent resident visa and does not hold a work permit and

      • (i) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker, and

      • (ii) an officer has approved that offer of employment based on an opinion provided to the officer by the Department of Human Resources Development at the request of the employer or an officer that

        • (A) the offer of employment is genuine,

        • (B) the employment is not part-time or seasonal employment, and

        • (C) the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupation and the working conditions meet generally accepted Canadian standards; or

    • (d) the skilled worker holds a work permit and

      • (i) the circumstances referred to in subparagraphs (a)(i) to (iv) and paragraph (b) do not apply, and

      • (ii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

  • SOR/2004-167, s. 30

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