1,033 result(s)
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151.
Gharialia v. Canada (Citizenship and Immigration) - 2013 FC 745 - 2013-07-03
Federal Court Decisions[1] The applicant, Ms Manpreet Kaur Gharialia, is a citizen of India who seeks permanent resident status in Canada pursuant to the Federal Skilled Workers [FSW] program in the category of General Practitioners and Family Physicians (NOC 3112). [...] 2001, c 27 [the Act], of the decision of a Visa Officer [the Officer] at the High Commission of Canada in New Delhi, India made on June 13, 2012, which determined that she did not meet the requirements for permanent resident status in Canada as a Federal Skilled Worker pursuant to subsections 87.3 (2) and (3) of the Act. [...] In assessing an application for permanent residence within the Federal Skilled Worker class, pursuant to sections 75 through 81 and 83 of the Immigration and Refugee Protection Regulations (IRPR) and the Ministerial Instructions issued under section 87.3 of the Immigration and Refugee Protection Act (IRPA), is it required
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152.
Akram v. Canada (Minister of Citizenship and Immigration) - 2004 FC 826 - 2004-06-08
Federal Court DecisionsHe applied for permanent residence in Canada as an independent skilled worker, his intended profession in Canada being a design and development/electronics engineer, a field in which he has both educational qualifications and work experience. [...] This included a final Regulatory Impact Analysis Statement ("RIAS") and also informed the public that the new pass-mark for independent skilled workers applying for permanent residence in Canada was 75 units. [...] Pursuant to the regulations, applicants in the federal skilled worker class are assessed on the basis fo the minimum requirements set out in subsection 75(2) and the criteria set out in subsection 76(1).
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153.
Ghajarieh v. Canada (Citizenship and Immigration) - 2013 FC 722 - 2013-06-27
Federal Court Decisionsof an Immigration Officer [the Officer] at the Canadian Embassy in Warsaw, Poland, which determined that she did not meet the requirements for permanent resident status in Canada as a Federal Skilled Worker pursuant to subsection 76(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the Regulations]. [...] [2] Ms Ghajarieh is a citizen of Iran who applied for permanent residence as a member of the Federal Skilled Worker [FSW] class, under National Occupational Classification [NOC] 1111, Financial Auditors and Accountants. [...] 78. (2) A maximum of 25 points shall be awarded for a skilled worker’s education as follows:
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154.
Zhong v. Canada (Citizenship and Immigration) - 2011 FC 980 - 2011-08-09
Federal Court DecisionsProtection Act, S.C. 2001, c. 27 (Act) for judicial review of the decision of a Designated Immigration Officer (Officer) of the Canadian Consulate General in Hong Kong, dated 30 September 2010 (Decision), which refused the Applicant’s application for permanent residence as a member of the federal skilled worker program. [...] [...] (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 [...] [11] The first issue concerns the reasonableness of the Officer’s determination that the Applicant was ineligible for permanent residence under the federal skilled worker category.
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155.
Rashed v. Canada (Citizenship and Immigration) - 2013 FC 174 - 2013-02-20
Federal Court Decisions[1] The Applicant seeks judicial review of a refusal to process his application for permanent residence [PR Application] as a federal skilled worker under National Occupation Classification 0311 – Managers in Health Care [NOC 0311 class]. [...] [37] The parties agree that decisions on eligibility for permanent residence as a member of the federal skilled worker class are exercises of discretion that attract the standard of reasonableness (Ismaili v Canada (Minister of Citizenship and Immigration), 2012 FC 351) and questions of procedural fairness are reviewable on [...] Federal Skilled Worker applications submitted on or after February 27, 2008, meeting the following criteria shall be placed into processing immediately upon receipt:
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156.
Borisova v. Canada (Minister of citizenship and immigration) - 2003 FC 859 - 2003-07-10
Federal Court Decisions- by selecting federal skilled workers who will perform better economically in Canada. [...] RE: APPLICATIONS FOR PERMANENT RESIDENCE TO CANADA FILED BEFORE JANUARY 1, 2002, in the skilled worker, self-employed, entrepreneur and investor classes: [...] It potentially affects applications for permanent residence in Canada filed in the skilled worker, self-employed, entrepreneur and investor classes, prior to January 1, 2002.
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157.
Dragan v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 211 - 2003-02-21
Federal Court Decisions(a) a skilled worker, in the case of a foreign national described in paragraph (2)(a); [...] 1, 2002 for an immigrant visa and has not, before April 1, 2003, been awarded the number of units of assessment required by the former Regulations, they must obtain a minimum of 70 points based on the factors set out in paragraph 76(1)(a) to become a permanent resident as a member of the federal skilled worker class. [...] beginning from April 1, 2003, such applicants will be assessed under the new Regulations but will have to obtain a minimum of 70 points (as opposed to the general pass-mark of 75) to qualify in the federal skilled worker class.
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158.
Xu v. Canada (Citizenship and Immigration) - 2011 FC 784 - 2010-06-27
Federal Court Decisions[1] This is an application by Guofei Xu seeking judicial review of a decision by a visa officer in Beijing, China refusing her application for a permanent resident visa in the skilled worker category. [...] This positive AEO, including the annex, must be submitted by the skilled worker to CIC as part of her permanent residency application. [...] [4] Ms. Xu made her application for a permanent resident visa in the Federal Skilled Worker Class in May 2009.
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159.
Shirazi v. Canada (Citizenship and Immigration) - 2012 FC 306 - 2012-03-14
Federal Court Decisionsof the Immigration and refugee Protection Act, SC 2001, c 27 [IRPA], for judicial review of a decision of M. Pendleton, Case Officer at Citizenship and Immigration Canada (the officer) rendered April 14, 2011, denying Ms. Shirazi’s application for permanent residence as a member of the Federal Skilled Worker [FSW] class. [...] [27] Furthermore, subsection 75(1) of the IRPR provides that, “for the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in [...] (2) a foreign national is a skilled worker if (2) Est un travailleur qualifié l’étranger qui satisfait aux exigences suivantes :
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160.
Chughtai v. Canada (Citizenship and Immigration) - 2016 FC 416 - 2016-04-14
Federal Court Decisions[3] On or about July 29, 2008, the applicant submitted an application for permanent residence in Canada as a skilled worker. [...] [4] On April 1, 2010, the CIC visa office in Islamabad ceased processing economic permanent resident applications. [...] Applicants must be awarded at least 67 points to be eligible for a federal skilled worker visa.
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161.
Cela v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1092 - 2004-08-09
Federal Court Decisions[3] On March 27th, 2001 the applicant applied for a permanent residence visa as a member of the federal skilled worker class pursuant to subsection 75(2) of the Regulations. [...] [5] The officer gave the applicant a total of 63 out of 100 points and thereby concluded that, pursuant to section 76 of the Regulations, the applicant had not obtained the 70 points required to obtain a permanent resident visa as a member of the federal skilled worker class. [...] 76(3) Whether or not the skilled worker has been awarded the minimum number of required points, an officer may substitute for the criteria set out in subsection (1) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a
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162.
Kuhathasan v. Canada (Citizenship and Immigration) - 2008 FC 457 - 2008-04-09
Federal Court DecisionsApplicants who fell within the third priority group were required to complete a Federal Skilled Worker Application form. [...] All other close family members of Canadian citizens and permanent residents of Canada affected by the tsunami disaster should use the federal skilled worker application form. [...] Other close family members...of Canadian citizens and permanent residents in Canada, who have been, and continue to be, seriously and personally affected by the tsunami disaster, should complete a FEDERAL SKILLED WORKER APPLICATION form.
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163.
Virhia v. Canada (Citizenship and Immigration) - 2014 FC 410 - 2014-05-02
Federal Court DecisionsThe Officer denied the Applicant’s claim for permanent residence in Canada under the Federal Skilled Worker class. [...] On August 17, 2010, she applied for permanent residence in Canada under the Federal Skilled Worker class. [...] [8] On October 3, 2012, the Officer denied the Applicant’s application for permanent residency under the Federal Skilled Worker category.
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164.
Al-Kassous v. Canada (Citizenship and Immigration) - 2007 FC 541 - 2007-05-23
Federal Court Decisions[1] This is an application for judicial review of a decision of S. MacKay, an immigration officer, (the Officer), dated August 16, 2006, wherein the applicant’s application for permanent residence as a member of the skilled worker class was refused. [...] 79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must [...] [20] Section 79 of the Regulations sets out the scheme for awarding points for proficiency in the official languages to applicants applying for permanent residence under the federal skilled worker class.
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165.
Perez Enriquez v. Canada (Citizenship and Immigration) - 2012 FC 1091 - 2012-09-19
Federal Court Decisions[1] Mr. Perez Enriquez (the Applicant), is a citizen of Mexico, who, on November 18, 2010, applied to come to Canada as a permanent resident under the Federal Skilled Worker Class. [...] [8] In the context of an application under the Federal Skilled Worker Class, an applicant bears the burden of demonstrating that he meets the requirements of the Regulations. [...] A foreign national is a skilled worker if (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more
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166.
Begum v. Canada (Citizenship and Immigration) - 2020 FC 162 - 2020-01-29
Federal Court Decisions[3] The Applicants submitted their application for permanent residency under Saskatchewan’s Family Support Stream PNC. The Principal Applicant was nominated by Saskatchewan under the Saskatchewan Immigrant Nominee Program [SINP]. [...] 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. [...] [20] The Applicants say the RIAS for section 87 of the IRPR sheds light on the purpose of the provincial nominee program, indicating section 87 allows for the nomination of individuals who do not meet federal immigration criteria for Skilled Workers to benefit the provincial economy:
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167.
Raghavan v. Canada (Citizenship and Immigration) - 2009 FC 923 - 2009-09-21
Federal Court DecisionsIn August 2007, she applied for permanent residence in Canada in the category of federal skilled work. [...] [10] The application for permanent residence was first reviewed in February 2008. [...] 76. (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:
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168.
Kamchibekov v. Canada (Citizenship and Immigration) - 2011 FC 1411 - 2011-12-13
Federal Court DecisionsThe officer found that the applicant was not eligible in Canada for permanent residence as a Federal Skilled Worker. [...] [2] The applicant, a citizen of the United Kingdom, applied for permanent residence in Canada in March 2010 as a Federal Skilled Worker under the National Occupational Classification (“NOC”) of Restaurant and Food Service Manager (NOC 0631), as per the Ministerial Instructions (“Ministerial Instructions”, “Skilled Worker [...] On December 22, 2010, the applicant filed the present application for judicial review against the officer’s decision refusing his application for permanent residence as a skilled worker.
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169.
Chadha v. Canada (Citizenship and Immigration) - 2013 FC 105 - 2013-01-31
Federal Court DecisionsThe Applicant submitted an application for Permanent Residence as a Federal Skilled Worker on 21 April 2010 based on his professional qualifications as an Accountant. [...] [12] The first issue involves an evaluation of the Officer’s conclusion that the Applicant was ineligible under the Federal Skilled Worker category. [...] [19] The Appendix A Checklist to the Federal Skilled Worker application form is also relevant to this application.
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170.
Al Turk v. Canada (Citizenship and Immigration) - 2008 FC 1396 - 2008-12-18
Federal Court Decisions[2] A citizen of Jordan, married and the father of one child, the applicant applied at the Canadian High Commission in London (Mission), UK, for a permanent resident visa as a member of the federal skilled worker class, under the occupational category of IT System Manager. [...] [11] This jurisprudence of this Court has recognized that the decision of an immigration officer in the assessment of an application for permanent residence under the skilled worker class involves an exercise of discretion and should therefore be afforded considerable deference. [...] 79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must
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171.
Gidikova v. Canada (Citizenship and Immigration) - 2007 FC 1178 - 2007-11-13
Federal Court DecisionsShe holds a Masters Degree in Economics from a Bulgarian university and has applied for permanent residence in Canada under the Federal Skilled Worker Class as either a marketing and advertising manager or as an economist. [...] [8] While the assessment of an application for permanent residence in the Federal Skilled Worker Class is a discretionary decision reviewable on a standard of patent unreasonableness (Kniazeva v. Canada (Minister of Citizenship and Immigration) (2006), 288 F.T.R. 282 at para. 15); a Visa Officer’s determination of language [...] Counsel for the Minister argues that Guideline OP 6 respecting Federal Skilled Workers directs an Officer not to take into consideration results of any language tests by “non-approved testing organizations”.
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172.
Tong v. Canada (Citizenship and Immigration) - 2007 FC 165 - 2007-02-13
Federal Court Decisionsjudicial review application the March 10, 2006, decision of Designated Immigration Officer Barnes (the DIO) at the Consulate General of Canada in Seattle, Washington, refusing his application for permanent residence in Canada in the skilled worker category in the intended occupation of a religious worker - a Buddhist monk. [...] The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. [...] Similarly, the publicly available CIC Policy Manual “OP6: Federal Skilled Workers” also does not provide any exceptions for religious workers.
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173.
Ghazeleh v. Canada (Citizenship and Immigration) - 2012 FC 1521 - 2012-12-20
Federal Court Decisions[5] Section 75 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (the Regulations) describes federal skilled workers as those who may become permanent residents on the basis of their ability to become economically established in Canada. [...] Applicants must be awarded at least 67 points to be eligible for a federal skilled worker visa. [...] (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
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174.
Megharief v. Canada (Citizenship and Immigration) - 2009 FC 536 - 2009-05-22
Federal Court Decisions[1] The applicant sought permanent residence in Canada under the skilled worker category. [...] [3] The applicant’s brother also sought permanent residence under the skilled worker category. [...] It is trite law that applicants have the burden of establishing the merits of their request for permanent residence.
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175.
Tufor Holdings Ltd. v. Canada (Employment and Social Development) - 2021 FC 1350 - 2021-12-03
Federal Court DecisionsA positive LMIA shows that there is a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job. [...] (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents; [...] As part of the Temporary Foreign Worker Program requirements, you must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker.