1,033 result(s)
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176.
Manilal Patel v. Canada (Citizenship and Immigration) - 2007 FC 441 - 2007-05-01
Federal Court Decisions[2] On July 12, 2000, Mahendrakumar Manilal Patel, the applicant, submitted an application for permanent residence in Canada under the skilled worker category with an intended occupation of Librarian, Code 5111 of the National Occupational Classification (NOC). [...] 75. (2) 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 [...] [12] In order to immigrate to Canada as a skilled worker, an applicant must meet the definition of skilled worker set out in subsection 75(2) of the IRP Regulations and be awarded the required number of points.
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177.
Pasco Pla v. Canada (Citizenship and Immigration) - 2012 FC 560 - 2012-05-09
Federal Court DecisionsThe officer concluded that the applicant did not meet the requirement for a permanent resident visa under the skilled worker class set out in subparagraph 76(1)(b)(i) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [IRPR], a provision that required the applicant to “have in the form of transferable and [...] [2] Ms. Ermina Amor Pasco Pla [the applicant], a citizen of the Philippines, filed an application for permanent residence under the federal skilled worker class on September 11, 2007. [...] The officer concluded that the applicant did not have the minimum funds to be eligible for selection as a skilled worker as required by subparagraph 76(1)(b)(i) and therefore refused the application (AAR at 10).
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178.
Khan v. Canada (Citizenship and Immigration) - 2010 FC 983 - 2010-10-01
Federal Court Decisions[1] Mr. MD. Ali Khan (the “Applicant”) seeks judicial review of the decision dated November 26, 2009 whereby an Immigration Officer (the “Officer”) denied the Applicant’s application for permanent residence as a member of the “skilled worker class”, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [...] [6] An application for permanent residence as a member of the Skilled Worker class is to be assessed upon the criterion of the ability of an applicant to become economically established in Canada. [...] 75. (1) 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 Canada and who intend to reside in a province other than the
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179.
Construction and Specialized Workers' Union, Local 1611 v. Canada (Citizenship and Immigration) - 2013 FC 512 - 2013-05-21
Federal Court Decisions(b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents; [...] (b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents; [...] 203(3)(b) “whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents”
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180.
Abdelkader v. Canada (Citizenship and Immigration) - 2021 FC 1067 - 2021-10-13
Federal Court DecisionsThe Officer refused the Applicant’s application for permanent residence under the Express Entry program for Federal Skilled Workers, holding he did not meet the requirements of section 11.2 of the Immigration and Refugee Protection Act, SC 2001, c. 27 [IRPA] [Decision]. [...] [3] In December 2018, the Applicant created an Express Entry profile and on February 20, 2019, he received an invitation to apply for permanent residence as a skilled worker. [...] [19] An officer's determination of an applicant's application for permanent resident status as a member of the federal skilled worker class is reviewable on the standard of reasonableness: Patel v. Canada (Minister of Citizenship & Immigration), 2011 FC 571 [O’Keefe J] at para 18; Kaur v. Canada (Minister of Citizenship
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181.
Wickramasekera v. Canada (Citizenship and Immigration) - 2010 FC 225 - 2010-02-26
Federal Court DecisionsIn April 2007, the Applicant and his family applied for Immigrant Visas to Canada under the Federal Skilled Worker (FSW) category. [...] (a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed; [...] (b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and
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182.
Li v. Canada (Citizenship and Immigration) - 2012 FC 484 - 2012-04-25
Federal Court Decisions[24] Most notably, persons in the skilled worker class may seek permanent residency in Canada (subsection 75(1) of the Regulations) whereas workers work permits only grant holders a temporary stay in Canada until the end date indicated on their permits. [...] As the skilled worker class grants greater access to Canadian residency, specific selection criteria are outlined in the Regulations (sections 76 through 83). [...] 75. (1) 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 Canada and who intend to reside in a province other than the
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183.
Khan v. Canada (Citizenship and Immigration) - 2008 FC 121 - 2008-01-30
Federal Court Decisions[4] Mr. Khan applied for a permanent resident visa as a member of the federal skilled worker class. [...] 75(2) 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 [...] [...] 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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184.
Euro Railings Ltd v. Canada (Employment and Social Development) - 2015 FC 507 - 2015-04-21
Federal Court Decisions[1] This is the judicial review of a decision by a Program Officer, Foreign Worker Program [Officer] wherein the Applicant was refused a positive labour market opinion [LMO] to hire a foreign worker – a highly skilled welder for a specialized metal railing business. [...] (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; [...] The submissions, made the next day, were to the effect that there was a labour shortage for welders and this occupation was listed as an occupation on the Federal Skills Trade Program [FSTP] indicating a need for such skills in Canada.
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185.
Antablioghli v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1245 - 2003-10-24
Federal Court Decisions[3] In January 2002 the applicant made an application for permanent residence in Canada at the Canadian Consulate General in Buffalo. [...] [5] The enforcement officer was aware of the applicant's "skilled worker application", but the enforcement officer says "at no time, did the applicant ask me to defer his removal due to an outstanding skilled worker application". [...] In the case at bar, the same rationale applies to a pending application for permanent residence which has been outstanding for 21 months, and which involves a highly skilled applicant who probably has already been positively assessed.
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186.
Elisha v. Canada (Citizenship and Immigration) - 2012 FC 520 - 2012-05-03
Federal Court Decisions[1] The applicant, a citizen of Nigeria and permanent resident of the United States, seeks judicial review of the decision dated September 22, 2011 denying her application for Canadian permanent residence as a Federal Skilled Worker under the National Occupational Classification (hereafter NOC) code 3152 – registered nurse. [...] [4] Ms. Elisha applied under the Federal Skilled Worker program on May 2, 2011. [...] [7] Decisions about whether an applicant is eligible for permanent residence as a Federal Skilled Worker are reviewable on the reasonableness standard: Nasr v Canada (Minister of Citizenship and Immigration), 2011 FC 783 at para 12.
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187.
Baylon v. Canada (Citizenship and Immigration) - 2009 FC 938 - 2009-09-18
Federal Court Decisions(a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and [...] a) pour devenir un résident permanent, qu’il détient les visa ou autres documents réglementaires et vient s’y établir en permanence; [...] [20] According to the policy guideline of Temporary Foreign Worker Guidelines dated April 21, 2008, the Low-Skilled Pilot Project has been designed to fill the shortage of low-skilled workers by permitting the hiring of low-skilled workers from overseas.
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188.
Kaur v. Canada (Citizenship and Immigration) - 2015 FC 1088 - 2015-09-17
Federal Court Decisions[8] On December 14, 2006, Mr. Raghani’s application for permanent residence was approved. [...] [21] Second, the applicant submits that she met the requirements of a federal skilled worker on her own. [...] [30] Third, the respondent submits whether the applicant was a skilled worker is irrelevant because she did not arrive in Canada based on an independent application as a skilled worker.
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189.
Gay v. Canada (Citizenship and Immigration) - 2007 FC 1280 - 2007-12-06
Federal Court DecisionsAccountant by profession, he applied on May 10, 2005, for permanent residence under the skilled worker category at the Canadian Embassy in Port au-Prince, Haiti. [...] It was believed that an error had been made in respect of the documents which clearly demonstrated that Mr. Gay had the sufficient funds to be considered a Federal Skilled Worker as per paragraph 76(1)(b) of the Regulations. [...] ... Federal Skilled Worker Class 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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190.
Hamza v. Canada (Citizenship and Immigration) - 2013 FC 264 - 2013-03-12
Federal Court DecisionsHe submitted an application for permanent residence in Canada in the Federal Skilled Worker class as a family physician. [...] [3] On June 22, 2009, the applicant submitted an application for permanent residence in Canada as a member of the Federal Skilled Worker class. [...] [4] The requirements that foreign nationals applying for permanent residence as Federal Skilled Workers must satisfy are set out in the Act and in the Immigration and Refugee Protection Regulations, SOR\2002-227 [the Regulations].
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191.
Mahouri v. Canada (Citizenship and Immigration) - 2013 FC 244 - 2013-03-07
Federal Court Decisions[1] This is an application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] of a decision by an Immigration Officer [the officer] refusing the applicant’s application for permanent residence under the federal skilled worker class. [...] She applied for permanent residence under the skilled worker class with the intended occupation of a university professor on March 13, 2010. [...] [11] A visa officer’s exercise of discretion in assessing a permanent residence application under the skilled worker class is a question of mixed fact and law and is reviewable on the reasonableness standard (Malik v Canada (Minister of Citizenship and Immigration), 2009 FC 1283 at para 22; Patel v Canada (Minister of
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192.
Chen v. Canada (Citizenship and Immigration) - 2011 FC 1279 - 2011-11-09
Federal Court DecisionsMr. Chen applied for permanent residency in Canada on August 4, 2010. [...] I have now completed the assessment of your application for a permanent resident visa as a skilled worker. [...] [7] Considerable deference is given to the decision of a visa officer assessing an application in the Federal Skilled Worker (FSW) Class.
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193.
Singh v. Canada (Citizenship and Immigration) - 2011 FC 956 - 2011-07-28
Federal Court DecisionsSkilled workers fall within the economic class. Such persons may become permanent residents on the basis of their ability to become economically established, taking into account their employment history within one or more occupations listed in the National Occupational Classification Matrix. [...] b. “record of landing, confirmation of permanent residence or permanent resident card”; and [...] In that case, an applicant for a permanent resident’s visa as a skilled worker had submitted his own affidavit to establish that he had a brother residing in Canada, despite the fact that he had been warned in a form letter, similar to the one in the present case, that this type of evidence would not be satisfactory
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194.
Zeeshan v. Canada (Citizenship and Immigration) - 2013 FC 248 - 2013-03-07
Federal Court DecisionsAct, SC 2001, c. 27 (Act) for judicial review of the decision of a Visa Officer (Officer) of the High Commission of Canada in London, United Kingdom, dated 29 February 2012 (Decision), which refused the Principle Applicant’s application for permanent residence in Canada as a member of the Federal Skilled Worker class. [...] She submitted an application for Permanent Residence as a Federal Skilled Worker on 08 March 2010 under National Occupation Classification code (NOC) 4121 – University Professor. [...] [12] The first issue involves an evaluation of the Officer’s conclusion that the Applicant was ineligible under the Federal Skilled Worker category.
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195.
Frankie's Burgers Lougheed Inc. v. Canada (Employment and Social Development) - 2015 FC 27 - 2015-01-08
Federal Court Decisions(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; [...] [41] Ms. Morandini’s uncontested evidence is that the purpose of the TFWP is to enable employers to hire foreign workers on a temporary basis to fill immediate skills and labour shortages when there are not sufficient Canadian citizens or permanent residents available to fill the positions in question. [...] (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;
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196.
Ramos De Luna v. Canada (Citizenship and Immigration) - 2010 FC 726 - 2010-07-05
Federal Court DecisionsThose chosen in the program have an opportunity to apply to become permanent residents here. [...] “The decisions of visa officers relating to determinations of eligibility for permanent residence under the federal skilled worker class are normally reviewed on a standard of reasonableness: Hua v. Canada (Minister of Citizenship and Immigration), 2004 FC 1647, [2004] F.C.J. No. 2106 (QL) at para. 28; Kniazeva v. Canada [...] [22] In Muliadi v. Canada (Minister of Employment & Immigration), [1986] 2 F.C. 205 (C.A.) the visa officer considered a negative assessment by a provincial organization of a man’s business proposal which formed part of his application for permanent residence in Canada as an entrepreneur.
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197.
Kun v. Canada (Citizenship and Immigration) - 2014 FC 90 - 2014-01-24
Federal Court Decisions[1] Mr. Lin Tsung Kun (the “Applicant”) brought an application for judicial review relative to a decision of a Visa Officer (the “Officer”), denying his application for permanent resident status under the Federal Skilled Worker (the “FSW”) class pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the [...] He applied for permanent resident status on June 1, 2007 under the FSW class. [...] Federal Skilled Workers Application made before February 27, 2008 87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an
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198.
Companioni v. Canada (Citizenship and Immigration) - 2009 FC 1315 - 2009-12-31
Federal Court DecisionsHowever, since the Federal Court of Appeal has held in Colaco v. Canada (Minister of Citizenship and Immigration), 2007 FCA 282, 64 Imm. L.R. (3d) 161, that individual assessments would also be required for skilled workers hers was a perfectly sensible approach. [...] However, as skilled workers Mr. Companioni and Mr. Grover should be assumed capable of meeting the normal costs of living. [...] Section 76 of IRPA assumes that a skilled worker will be able to become economically established in Canada.
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199.
Back v. Canada (Citizenship and Immigration) - 2016 FC 257 - 2016-02-29
Federal Court Decisions[1] These are applications pursuant to s 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [Act] for a writ of mandamus, compelling the Respondent to process the Applicants’ permanent residence applications under the Foreign Skilled Worker [FSW] class, which were terminated by s 87.4(1) of the Act. [...] Federal Skilled Workers Travailleurs qualifiés (fédéral) 87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in [...] Federal Skilled Workers Travailleurs qualifiés (fédéral) 87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in
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200.
Bhatia v. Canada (Citizenship and Immigration) - 2011 FC 1272 - 2011-11-07
Federal Court Decisions[1] The applicant seeks judicial review of a decision dated January 6, 2011 by the Federal Skilled Worker Centralized Intake Office (FSWCIO) of the respondent Minister which refused his application for permanent residency in the Federal Skilled Workers (FSW) category. [...] [13] On January 9, 2011, the applicant was advised that the review of his application for permanent residence in Canada as a Federal Skilled Worker “has been completed” and that it was rejected on the basis that his declared occupational code no longer corresponded to the eligible occupations. [...] 2. An Order of mandamus is granted directing the respondent to consider the applicant’s application for permanent residence under the Federal Skilled Worker program as per the ministerial directions in place as of the date the application was received, May 14, 2010.