Important changes to Quebec Immigration on Aug 5, 2015

Author: Parminder Singh LL.B, J.D (Canada)

Quebec Immigration has  announced very important changes to selection of skilled workers on August 5, 2015. The changes will be applicable to all applications received after Aug 5, 2015 as well all applications received prior to this date for which no decision has been rendered yet.

Modifications to the selection grid for skilled workers: the “adaptability” factor is no longer considered in the evaluation

As per the above announcement, the qualifying points for a for a single applicant would be 49 and the qualifying points for a married applicant would be 57. Six  points for adaptability interview are removed from Quebec point selection criteria for all applicants who apply after August 05, 2015 or who have applied before this date but have not received a decision on their application yet.

In our view, even the applicants who have been given an interview date will not be awarded points for interview since interview call does not mean that a decision has been made. However, if a decision was rendered immediately after conducting an interview, the appoints will be awarded points for adaptability interview. Regardless of the changes in the rules, if you have received an interview call and the interview is not revoked yet, you should keep preparing for the interview as the government can still reject your case if they determine that you do not intend to reside in Quebec based on your lack of knowledge of Quebec and French language.

Previously, the qualifying points for a single applicant were 49, but with adaptability interview the qualifying points for a single applicant were 55. Similarly, the qualifying points for married applicant were 57 but with adaptability interview, the qualifying points for married applicant were 63.

Since the factor of adaptability is removed, the qualifying points are 49 and 57 for single and married applicants respectively.

This does not mean the government cannot conduct interview. This only means the government cannot award points for interview. If the government feels the application is fraudulent or needs some clarifications, they can call for an interview and reject the case if they are not satisfied with the applicant’s explanations or evidence in support of his application.

In the former rules, the government could merely reject an applicant’s application, if the government felt that the applicant would not be able to adapt to Quebec life because of lack of French language ability or  knowledge of Quebec culture. Not all candidates were called for interview but those who were called they required 55 and 63 points to qualify respectively for single and married candidates. Generally, if a single candidate scored 55 points without an interview, he would not be called for an adaptability interview. These rules are now deleted from the legislation.

If you score 49 points as a single candidate, you qualify provided you intend to stay in Quebec.

If you score 57 points as a married candidate, you qualify provided you intend to stay in Quebec.

In order to prove your intention to stay in Quebec, you should undertake several measures, such as learning about Quebec and its language, culture, rental and job market.

Quebec immigration’s 2013 new rules and its impact on old applications

Author: Parminder Singh, LL.B (Canada)

As you must be aware, the Quebec immigration changed some rules on Aug 1, 2013.

What are the main changes?

The rules have been changed with respect to French and English language requirements (A1, A2, and B1 will be given 0 points and B2 will be given 10 to 12 points). The list of area of training has also been changed (some trades have been assigned higher points and some lower as per the new 2013 list).

To whom the new rules apply and to whom they don’t apply

This information is based on government’s interpretation of new rules. We differ with this interpretation. Clients who also differ with government’s position may seek judicial review of the government’s decision in the Quebec provincial court.

Our preliminary analysis of government’s position is that the new rules will apply to following cases:

1. Those who applied between July 8 and Aug 16, 2013 and did not receive file numbers

2. Those who received file numbers (even if they applied 4 or more months ago)

3. Those who applied before Aug 1, 2013 and did not receive file numbers

New rules will NOT apply in the following cases:

  •    Those who received a letter for an interview or an intent to refuse.

NOTES

Candidates in #1 above will have option of withdrawing their applications before Sep.  16, 2013 and the minister will return their applications after 2-3  months without charging processing fee.

Candidates in #2 above will be granted additional time to attain an advanced intermediate level B2, if they lack points.

Our advice

Keep learning French at this time and keep taking the tests. We will wait for a letter from Quebec Immigration. If the letter says you must learn B2 level French within defined days, you will take the test. If the letter says, your application has been granted, you will not take the B2 test.

If you think, you will not qualify even after attaining B2 level French under new rules because your trade has been removed from the list or assigned lower points, you should withdraw your application and explore other options or appeal the decision because it was not made as per the correct interpretation of the new rules or law.

If you think B2 French should not apply to you because you could qualify with A1 or A2 level under previous rules, you should consider appealing government’s interpretation.

Our interpretation of the regulation

The regulation clearly mentions transitional provisions where it provides applicability of this regulation on individual applications who applied before this regulation:

TRANSITIONAL PROVISIONS

2013

(M.O. 2013-007) SECTION 5.      The provisions of this Regulation do not apply to an application for a selection certificate as a skilled worker filed with the Minister prior to 1 August 2013 and whose preliminary processing has

(Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4)

It is clear from the text of the regulation that the new rules will NOT be applied to those applications whose “preliminary processing” started before August 1, 2013 and who were received before that date.

What does preliminary processing mean

The Quebec immigration’s departmental position is that preliminary processing means final stage of processing when a decision has been made or an interview has been scheduled.

However, the s.1 (near factor 10) of the “Regulation respecting the weighting applicable to the selection of foreign nationals”  clearly defines that “preliminary processing” means the stage when an officer makes assessment of the passing score and employability score based on various applicable factors on Quebec selection grid.

As such our view is that government’s position with respect to applicability of Quebec regulation is an extreme view of “preliminary processing “. In our view, preliminary processing merely means the receipt of an application, withdrawal of processing fee by the government and an officer’s first quick review of the file to check eligibility of an applicant on Quebec selection grid. It does not mean a final review that takes place afer 4 or more months, it merely means a first quick review that takes place or ought to take place on receipt of a file within a month or so.

 

Is French mandatory for Quebec immigration

Author: Parminder Singh LL.B (Canada)

The flat answer to this question is “it is not mandatory if you do not want to score any points for the French factor in the Quebec selection grid”. French is mandatory only if an applicant wants to score points for French language ability. In other words, if an applicant has scored sufficient passing points, he need not submit French results. The source of this information is Quebec Immigration Laws as well as Quebec immigration department’s website which quotes as follows:

Mandatory use of language knowledge tests

Effective December 6, 2011, all new candidates from the skilled worker subcategory who wish to obtain points in the selection grid for their knowledge of French (principal applicant: 16 points for oral and written knowledge; spouse: maximum of 6 points) and English (principal applicant only: maximum of 6 points) must enclose with their immigration application attestations of results recognized by the Ministère. Children accompanying their parents are exempt from this new requirement.

http://www.immigration-quebec.gouv.qc.ca/en/informations/note-language-knowledge.html

However, it must be mentioned here that French may not be mandatory to apply for Quebec immigration, but it may be mandatory to pass the licensing exams when you reach Quebec. Hence, knowing no French at all may lead an officer to infer that you do not intend to reside in Quebec after immigrating to Canada. The officer has power to reject applications where he is of the opinion that an applicant does not intend to reside in Quebec. Thus as long as you can show that you have initiated French learning in preparation of immigration to Quebec, you are up to the mark. Other factors that indicate intention to reside in Quebec are knowledge of Quebec culture, Quebec job market in your occupation and knowledge of rental accommodation in Quebec.

The licensing authorities give time and even free teaching classes to new comers to learn French. Thus an applicant without French will possibly qualify for Quebec Selection Certificate as long as he scores passing marks and proves his intention to reside in Quebec by showing the knowledge of Quebec culture, Quebec Job market, Quebec rental accommodation, and, of course, some French language.

Since the application for Quebec immigration is generally opened after 4 to 6 months, its best to initiate learning about intent factors such as French and Quebec culture. However, if an applicant needs points for passing the score, he MUST not submit application without French results even if he knows French.

The law is clear on this topic, but there is a lot of misinformation circulating around. This has resulted in loss of time and money for many applicants.This information is spread by those who are not qualified in immigration law, much less qualified to interpret law clause by clause and section by section.

The fault is not with those who spread this misinformation, but the fault lies with those who adhere to this misinformation and ruin their own lives, without even asking qualifications or the authority of the misinformation rumour mongers.

The following charts explain French and English level conversion into points. Note that After Aug 1, 2013, anyone who scores less than B2 level in French is awarded 0 points. Anyone who scores less than English CLB 5 (which is IELTS 5 bands in Listening, speaking and writing and 4 bands in reading) is awarded 0 point.

French Language
French Proficiency Low Beginner (A1) High Beginner (A2) Low Intermediate (B1) High Intermediate (B2) Advanced (C1) Advanced (C2)
Listening 0 points 0 points 0 points 5 points Delf 16/25 6 points 7 points
Speaking 0 points 0 points 0 points 5 points Delf 16/25 6 points 7 points
Reading 0 points 0 points 0 points 1 point Delf 16/25 1 point 1 point
Writing 0 points 0 points 0 points 1 point Delf 16/25 1 point 1 point
Maximum

16   points

 

English Language
English Proficiency Beginner (CLB 1-4) Intermediate (CLB 5-8) Advanced (CLB 9-12)
Listening 0 points 1 point (IELTS 5 bands) 2 points (IELTS 8 Bands)
Speaking 0 points 1 point (IELTS 5 bands) 2 points (IELTS 7 bands)
Reading 0 points 1 point (IELTS 4 bands) 1 point (IELTS 7 bands)
Writing 0 points 1 point (IELTS 5 bands) 1 point (IELTS 7 bands)
Maximum

6   points

CLB to IELTS CONVERSION CHART (General Training):

CLB Level

Test results for each ability

Listening

Reading

Writing

Speaking

9+ 8.0-9.0 7.0-9.0 7.0-9.0 7.0-9.0
8 7.5 6.5 6.5 6.5
7 6.0 6.0 6.0 6.0
6 5.5 5.0 5.5 5.5
5 5.0 4.0 5.0 5.0
4 4.5 3.5 4.0 4.0

Quebec Experience Class

QUEBEC EXPERIENCE CLASS[i]

Author: Parminder Singh, LL.B (Canada)

Quebec immigration processes applications under these programs within 20 days. Canadian PR status under this program is for those who have worked or studied in Quebec.

a. Skilled Workers

b. Students

a. SKILLED WORKERS

Eligibility

Experience: One year work experience in Quebec in 2 year prior to application for Quebec Immigration.

French: Intermediary Level of French language or prove that you have required French proficiency for your job.

b. STUDENTS

Eligibility:

Study in Quebec for two years

French: Intermediary level in French if the applicant’s language of instruction during study was not French.

No job offer required to qualify as is the case in Federal Canadian Experience class.

REFERENCES

_______________________________________

[i] s. 38.1, 38.2, Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4

 

 

Quebec Immigration Program

Author: Parminder Singh, LL.B (Canada)

An easier way for Immigration to Canada without a Job offer

Quebec is Canada’s one of the ten Provinces, where French is the dominant language of daily life. With respect to selection of immigrants, the Province of Quebec is the only Province which is independent from the Federal or Central Government of Canada.

The applicants are first issued Quebec Selection Certificate (QSC) by the Quebec immigration. In the 2nd stage, the applicant applies to the Federal Government’s immigration department for Canada PR status. The Federal Government of Canada performs health and security checks and grants admission to the applicant.

An applicant’s intention to settle in Quebec is the decisive factor in obtaining Quebec Selection Certificate and  even after landing in Canada, the applicant must stay in Quebec for at least 1.5 years in order to maintain his Canada PR status.

Quebec immigration program has 5 classes of applicants who are eligible for Immigration to Canada:

  1. Skilled Workers Class[i]
  2. Quebec Experience Class[ii]
  3. Business Class [iii]
  4. Family Class [iv]
  5. Refugees [v]

1. QUEBEC SKILLED WORKERS CLASS

Features

  • Quebec Immigration gives priority processing to the Applicants whose skilled training is on the Quebec Area of Training List.
  •  Job offer from Canada is not necessary as is the case under Provincial Nominee Programs for other Canadian provinces.
  • To qualify for a Quebec Selection Certificate, a single or unmarried applicant must score 49 points. A married applicant must score 57 points.
  • French is not required to apply, if an applicant scores required points. However, it is strongly recommended to learn French.

Quebec Skilled Worker Point Criteria[vi]

  1. Quebec Education/Training criterion: Up to 28 points (Must have 12 years of education, More points for education in Quebec Area of Training occupations)
  2. Validated Employment Offer: Up to 10 points (10 points if job offer is from outside Montreal, 6 points if job offer is in Montreal)
  3. Experience: Up to 8 points (4 points for 6 months experience, 6 points for 2 years or more experience, 8 points for 4 year experience)
  4. Age: Up to 16 points (18-35 years, full 16 points; Deduction of 2 points per year after 35)
  5. Language Proficiency: Up to 22 points (Up to 6 points for English and 16 Points for French); (4 points for 5 bands in listening and speaking, 6 points for 7.5 in listening and 6.5 in speaking; 16 points for High Level in French)
  6. Stay and Family in Quebec: Up to 8 points
  7. Spouse’s Characteristics: Up to 16 points
  8. Children: Up to 8 points ( 4 points for child aged 0-12 years; 2 points for child aged 13-21)
  9. Financial Self-Sufficiency: 1 point (Must sign a contract with the Quebec government that the applicant will have funds for 3 months survival without a work in Quebec, application will be refused without 3 months settlement funds)
  10. Adaptability: Up to an additional 6 points may be awarded for interview. if an interview for Adaptability is conducted, a single applicant must score a minimum of 55 points and a married applicant must score 63 points. Points are awarded according to an applicant’s knowledge of Quebec culture, job market, knowledge of French and rental accommodation.

NOTE: On August 5, 2015 adaptability factor is removed from selection point grid.

2. QUEBEC EXPERIENCE CLASS

Quebec immigration processes applications under these programs within 20 days. This program is for those who have worked or studied in Quebec.

a. Skilled Workers

b. Students

a. SKILLED WORKERS

Eligibility

  • Experience: One year work experience in Quebec in 2 year prior to application for Quebec Immigration.
  • French: Intermediary Level of French language or prove that you have required French proficiency for your job.

b. STUDENTS

Eligibility:

  • Study in Quebec for two years
  • French:  Intermediary level in French if the applicant’s language of instruction during study was not French.
  • No job offer required to qualify for Immigration to Canada as is the case in Federal Canadian Experience class.

3. QUEBEC BUSINESS CLASS

The investor program usually reaches its CAP quickly. Please check before applying whether new applications are being taken. 

  1. Investors
  2. Entrepreneurs
  3. Self Employed individuals

a. INVESTORS

Eligibility

  • Legally obtained net worth property/cash of $1.6 million. Donations 6 months old at the time of application are not accepted.
  • Two year business experience.
  • An applicant must invest $800,000 in a Quebec government investment scheme. The $800000 is refunded after 5 years without an interest. Canadian banks can finance $800,000 against an applicant’s overseas property on a lower interest rate. An applicant need not sell overseas property to to fulfil 800,000 deposit requirement in order to acquire Canada Immigration PR status.

b. ENTREPRENEURS

Eligibility

  • A $300,000 in property/cash
  • Business or Farm management experience: 2 year
  • Ability to purchase a business in Quebec either alone or in partnership with at least 25% share worth at least $100,000. The business must generate one job other than an applicant’s own job.
  • The agricultural entrepreneur is not required to create or maintain full-time employment.
  • An applicant must fulfill this condition for at least one year during the three years after obtaining Canada Immigration PR status.

c. SELF EMPLOYED INDIVIDUALS

Self-employed individuals, as described in National Occupation Classification (NOC), include individuals such as athletes, farmers and artists (Stage, Film, Radio, TV and Fine Art).

Eligibility

a)      A net worth of $100,000

b)      At least 2 year experience in an intended trade

4. QUEBEC FAMILY CLASS

A Canadian citizen or PR living in Quebec can sponsor following close relatives to immigrate to Canada:

  • spouse or common law partner
  • dependent child
  • father, mother, grandfather or grandmother
  • orphaned sibling, nephew/niece and grandchild, who is under the age of 18, and not married or in a live-in relationship
  • an adopted child
  • any relative, regardless of age or degree of relationship, where the Québec resident does not have a spouse or de facto spouse, child, parent, grandparent, sibling, uncle, aunt, nephew or niece.

5. QUEBEC REFUGEE CLASS[vii]

Quebec immigration accepts refugees recognized by the Canadian government from within Canada and from abroad.

Where a foreign national is in the class of foreign nationals in a particularly distressful situation, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled or has ability to settle successfully in Québec .

Under its humanitarian consideration, Quebec may grant a selection certificate to a person in a particularly distressful situation even when a stay on removal orders has been canceled by the Canadian government or a Canadian court.[viii]

Order of Priority[ix]

For all the classes mentioned above, the processing priority is given in the following order:

  1. Family Class (Spouses)
  2. Persons in particularly distressful situations
  3. Quebec Experience Class (Students and workers in Quebec)
  4. Persons with Validated job offers
  5. Skilled Workers Class in the following order (Preferred Area of Training list, Any other skilled worker)
  6. Business Class applicants in the following order (Self-employed, Entrepreneur, Investor)
  7. Family Class (All relatives in family class, except spouses)

REFERENCES

  • (s. 18, 19, 21, 22, 27, 38.1, 38,2), Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4, retrieved on 2013-03-30,
  • s.1, Regulation respecting the weighting applicable to the selection of foreign nationals, RRQ, c I-0.2, r 2, retrieved on 2013-03-30,
  • An Act respecting immigration to Québec, chapter I-0.2, s. 3.3


[i] s.21, Regulation Respecting the Selection…

[ii] s. 38.1, 38.2,

[iii] s.21,

[iv] s.19,

[v] s.18,

[vi] s. 1, Regulation respecting the weighting…..

[vii] s.18,

[viii] s. 18(c)(d), s.27 (3), s. 27(4.1)

[ix] s.22

 

Quebec Business Class Immigration

The investor program usually reaches its CAP quickly. Please check before applying whether new applications are being taken at this time.

 QUEBEC BUSINESS CLASS [i]

Three categories for Immigration to Canada through Quebec business class,

  1. Investors
  2. Entrepreneurs
  3. Self Employed individuals

a. INVESTORS

Eligibility

  • Legally obtained net worth property/cash of $1.6 million. Donations 6 months old at the time of application are not accepted.
  • Two year business experience.
  • An applicant must invest $800,000 in a Quebec government investment scheme. The $800000 is refunded after 5 years without an interest. Canadian banks can finance $800,000 against an applicant’s overseas property on a lower interest rate. An applicant need not sell overseas property to to fulfil 800,000 deposit requirement in order to acquire Canada Immigration PR status.

b. ENTREPRENEURS

Eligibility

  • A $300,000 in property/cash
  • Business or Farm management experience: 2 year
  • Ability to purchase a business in Quebec either alone or in partnership with at least 25% share worth at least $100,000. The business must generate one job other than an applicant’s own job.
  • The agricultural entrepreneur is not required to create or maintain full-time employment.
  • An applicant must fulfill this condition for at least one year during the three years after obtaining Canada Immigration PR status.

c. SELF EMPLOYED INDIVIDUALS

Self-employed individuals, as described in National Occupation Classification (NOC), include individuals such as athletes, farmers and artists (Stage, Film, Radio, TV and Fine Art).

Eligibility

a)      A net worth of $100,000

b)      At least 2 year experience in an intended trade

 Parminder Singh LL.B (Canada)

REFERENCES

s.1, Regulation respecting the weighting applicable to the selection of foreign nationals, RRQ, c I-0.2, r 2, s.1

 


[i] s.21, Regulation Respecting the Selection of Foreign Nationals, RRQ, c I-0.2, r 4

Quebec Skilled Worker Class

(For a current short list of skills in demand in Quebec, click here)

QUEBEC SKILLED WORKERS CLASS

An easier immigration to Canada option

Features

  • Quebec Immigration gives priority processing to the Applicants whose skilled training is on the Quebec Area of Training List.
  •  Job offer from Canada is not necessary as is the case under Provincial Nominee Programs for other Canadian provinces.
  • To qualify for a Quebec Selection Certificate, a single or unmarried applicant must score 49 points. A married applicant must score 57 points.
  • French is not required to apply, if an applicant scores the required points. However, it is strongly recommended to learn French.

Quebec Skilled Worker Point Criteria[vi]

  1. Quebec Education/Training criterion: Up to 28 points (Must have 12 years of education, More points for education in Quebec Area of Training occupations)
  2. Validated Employment Offer: Up to 10 points (10 points if job offer is from outside Montreal, 6 points if job offer is in Montreal)
  3. Experience: Up to 8 points (4 points for 6 months experience, 6 points for 2 years or more experience, 8 points for 4 year
    experience)
  4. Age: Up to 16 points (18-35 years, full 16 points; Deduction of 2 points per year after 35)
  5. Language Proficiency: Up to 22 points (Up to 6 points for English and 16 Points for French); (4 points for 5 bands in listening and speaking, 6 points for 7.5 in listening and 6.5 in speaking; 16 points for High Level in French)
  6. Stay and Family in Quebec: Up to 8 points
  7. Spouse’s Characteristics: Up to 16 points
  8. Children: Up to 8 points ( 4 points for child aged 0-12 years; 2 points for child aged 13-21)
  9. Financial Self-Sufficiency: 1 point (Must sign a contract with the Quebec government that the applicant will have funds for 3 months survival without a work in Quebec, application will be refused without 3 months settlement funds)
  10. Adaptability: Up to an additional 6 points may be awarded for interview. if an interview for Adaptability is conducted, a single applicant must score a minimum of 55 points and a married applicant must score 63 points. Points are awarded according to an applicant’s knowledge of Quebec culture, job market, knowledge of French and rental accommodation.

NOTE: On August 5, 2015, the adaptability factor is removed from the selection point grid.

Parminder Singh LL.B (Canada)

REFERENCES


[i] s.1 of the Regulation respecting the weighting applicable to the selection of foreign nationals, RRQ, c I-0.2, r 2, s.1

 

Canada & Quebec: Occupations in Demand

THESE SKILLED TRADES ARE ELIGIBLE FOR FAST TRACK PR PERMANENT RESIDENCE PROCESSING

Canada: Skills in Demand

Click here for complete Federal Skilled Workers Class list (No job offer required)

  • Total 24 Trades Include: Civil, Mechanical, Chemical and Computer engineers (& programmers); Financial and Investment analysts; Lab Technicians and Physiotherapists etc. (Only 300 PR spots per category)

Click here for complete Federal Skilled Trade Class list (MUST have a job offer)

  • Total 43 trades Include: Supervisors of mechanic trades (automotive, AC etc), Carpentry, Forestry, Farming and Livestock etc.
  • Electricians, Welders, Machinists, Sheet metal workers, Plumbers, Crane Operators, AC & Refrigeration mechanics, Electronics & Communication technicians, Aircraft mechanics, Elevator mechanics etc.

———————————————————————————————————————

Quebec: Skills in Demand

Click here for complete Quebec list (No job offer required from Canada to qualify, French intermediate level not required, if point criteria is fulfilled without French points)

Includes the following trades (Trades in Red ink 16 points, Trades in blue ink 12 points, others 6 points) ,

  • BSc: Chemistry, Bio Chemistry, Nursing, Statistics
  • B.E: Computer Engineering, Aeronautical and aerospace engineering
  • Diploma 3 year : Nursing, Insurance and Financial Advisory, Business Administration, Chemical, Civil engineering, Radiation oncology technician, Diagnostic radiology technician, Food processing and quality technology
  • Diploma 1 or 2 years (After 10+2 education): Welding 2 years, Sheet metal 1.5 years, Plumbing and heating 2 years, Masonry (1 year), Computer Support (2 years), Pharmacy 2 years, Retail butchery (1 Year), Machining techniques (2 years) etc.

To find out your eligibility, you MUST fill out our assessment form