Immigration Corner | Is there any hope for me?

Dear Miss Powell,

I am interested in living in Toronto. I have cousins there. The problem is that I am over 40. I have been saving and getting valuable work experience, so that when I transition I can do well. My problem is, I am worried that I won’t be able to qualify because of my age. I think that’s age discrimination (smile). I don’t want to use the Express Entry System, as I don’t seem to get enough points, but my sister in Saskatoon said that “all roads lead through the express entry”. Is there any hope for me?

AW

Dear AW,

The Canadian government has placed significant weight on age as one of the factors that they look at when deciding who qualifies to come to Canada under their economic programmes. Canada has an ageing population, so the government has implemented programmes to attract the youngest and brightest of the world to help them to care for the elderly and build the economy for the future.

However, age is not the only factor that the government looks at.They also consider education, work experience, language proficiency, and adaptability. Since you do not have much time left to possibly qualify, I recommend that you contact a Canadian immigration lawyer directly to determine which programme is best suited for your specific situation. I will outline some of the factors below that you should use as a guide in your discussion.

Your sister is correct that the most popular programmes are managed by the Express Entry System. It is a points-based system which manages applications for permanent residence of Canada for programmes such as the Federal Skilled Worker (FSW) Programme, Federal Skilled Trade Programme, the Canadian Experience Class and some Provincial Nominee Programmes (PNP). So, technically speaking, if you are looking to enter Canada via these programmes, you will need to qualify to enter the pool.

AGE FACTOR

An applicant’s age is worth 12 per cent of the overall selection criteria under the FSW selection grid, with individuals between the age of 18 and 29 awarded the most points. So, if you have not worked or studied in Canada for a minimum of one year, the FSW Programme is the best one for you.

Under the Express Entry System, you can also get points based on work experience, language skills, education, and other factors, such as job offers, provincial nominees and connections in Canada. If you have strong language skills, you could gain up to 28 points. Education is also a significant source of points, and you can accumulate up to a maximum of 25 points in this area.

The key is to strive to accumulate over 450 points using those other criteria, then you stand a good chance of being selected.

PROVINCIAL NOMINEE

The easiest way to accumulate the required points is via the PNP. Under the PNP, an applicant can be awarded 600 points under the comprehensive ranking system. Most provinces have pathways open which focuse on recruiting professionals, who are willing and able to come to their province and stay there, to become a part of their growing workforce.

Each Canadian province has its own PNP that is designed to meet the specific labour needs of the province. There are many provinces that have streams that are targeted at skilled workers over the age of 40. For example, both the Ontario Immigrant Nominee Programme and Saskatchewan Immigrant Nominee Programme (SINP) have a stream for workers in high-demand occupations who are over 40 years old. Since you already have a relative in Saskatchewan, you should explore the SINP.

The SNIP has streams such as the International Skilled Worker that is for skilled workers who want to work and live in Saskatchewan, and the Entrepreneur and Farm stream that is for immigrants who would like to start a business or buy and operate a farm in Saskatchewan. You must have the work experience (minimum one continuous year) and education (usually minimum a bachelor’s degree) required to qualify.

You may also explore options under the Quebec Skilled Worker Programme. This programme is designed for skilled workers who want to settle in the province of Quebec. While there is no age limit for this programme, applicants are still awarded points based on their age, with the maximum points awarded to applicants who are between 18 and 35 years old. To be competitive, you should be able to speak French to qualify. I encourage individuals who are interested in Canada to do French language courses at their local Alliance Française office. Even a basic working knowledge of the language could help you in your application to all other provinces.

Another way of qualifying is to be able to provide proof of a job offer from an authorised employer that can provide you with a positive Labour Market Impact Assessment (LMIA) report. You may also be able to get a job offer from an employer who is exempt from the LMIA requirement. Although, you should note that exemptions are not easily obtained, as these are usually based on an international trade agreement, transfer within a company, under the category of International Experience Canada or Mobilité Francophone.

To be eligible under any provincial nominee programme in Canada, candidates are required to have the education, training, skills, and work experience that demonstrate that they can contribute to the growth and development of the province. You will be required to show proof that you have a strong connection to the province that will motivate you to remain there.

RELATIVES IN CANADA

If you, or your spouse or common-law partner, have a relative living in Canada, you could accumulate additional points. The relative must be over 18 years old and a Canadian citizen or permanent resident. The relative must be a parent, grandparent, child, grandchild, sibling, aunt, uncle, niece, or nephew. Unfortunately, you will not get extra points for having a cousin in Ontario; this is a helpful resource for you.

Friends and family can provide you much-needed guidance to help you successfully transition into your community. However, when considering a PNP, you should choose the province that best fits your qualifications and to which you have a genuine connection.

Finally, do not feel that because you are over 40 years old that there are no opportunities for you and your family in Canada. As you mentioned, you have valuable experience, resources, and skills that many employers are looking for. You will just need to go the extra mile to make your dreams of living in Canada a reality.

Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments via www.deidrepowell.com. You can also find her on Facebook, Twitter and Instagram.