Unemployed! Can I apply under Express Entry to go to Canada?

Dear Miss Powell,

I was working for a company for almost four years, and then I got laid off. My half-sister is a citizen of Canada, and said that since I have an engineering degree, I should apply to go to Canada as a skilled worker. I think that would be good for me and my family, but I'm worried that because I'm unemployed, my application won't be accepted.

My wife is an admin assistant, but she is on leave as we just had a baby. I also have an eight-year-old daughter who is not my wife's child. Should I wait until I find another engineering job? I have been looking for a while now, and can't find anything as an engineer. I help out a friend at his mechanic shop sometimes, but that is only part time. Can you tell me if we would qualify to be citizens?

- J.L.

Dear J.L.,

The Canadian immigration system is designed to attract qualified professionals from around the world who can make a positive contribution to the economy. In fact, one of the easiest ways for a professional to become a permanent resident and then a citizen is to qualify under the federal skilled worker programme. Under this category, individuals are chosen based on their education, skills, work experience, language, age, and other factors, such as having relatives in Canada and demonstrating an ability to integrate and make a valuable contribution to the Canadian society.

To qualify under the federal skilled worker programme, you will need to provide proof that your work experience since graduation with your degree was within the last 10 years. This can be either full-time or part-time work in the same type of job that you list as your primary occupation. In your case, your primary occupation is as an engineer.

If you get paid on a part-time basis as a mechanic, do not discount that work experience and job. Mechanics are in demand in Canada. Provided that this is not just a voluntary position and your friend has a legitimate business, you may be able to use this as supplementary proof of work experience, albeit in a different occupation. The key is to show that you have a minimum of one year work experience or the equivalent part-time hours in your primary occupation.

I must state that there may be other readers who only work part-time, and this should not deter you from applying. The key is to show that you have the equal amount of work experience in a part-time job. That is, a minimum of 15 hours per week for 24 months. This would be the equivalent of one year full-time employment, or 1,560 hours.

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 Unemployment Is Not A Deterrent

Based on the information that you provided, you and your spouse should qualify under the federal skilled worker programme. Your unemployment is not a deterrent and should not prevent you from qualifying as a federal skilled worker in Canada.

One very important factor to consider is the age of the principal applicant. I recommend that you consult with an immigration lawyer to review the details of your case and advise you about the best person to select as the principal applicant. The person selected should be the one most likely to receive the highest comprehensive ranking score based on the points granted under the express entry system.

You can add all your dependent children, whether or not they are children of the marriage. On October 24, 2017, the government of Canada changed the age limit of who may be considered a dependent child for immigration purposes. Individuals with children under 22 years old can add them to their application. This applies to all new applications received on or after October 24, 2017.

Under the recent amendments, individuals with brothers and sisters in Canada who are citizens or permanent residents have an increased chance of being granted an invitation to apply for permanent residence.

A key factor to remember is that if you and your wife received your education and training outside of Canada, you will have to provide proof that your education is equivalent to a completed Canadian certification. Therefore, you will need to get an educational credential assessment report from one of the authorised bodies, such as The World Education Services, University of Toronto, or International Credential Assessment Services of Canada.

If you are serious about this move, I recommend that you act now before the rules change. If you are unsure about the policies and procedures, you should contact an immigration lawyer to do an assessment and to submit the application on your behalf. 

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Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars. Her office is located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to info@deidrepowell.com. Subject line: Immigration. Tel: 613-69-.8777 follow her on Facebook.com/jamaicanlawyer.