Your client, Isaac Newton, is a 27-year-old engineer and citizen of the United States. He wants to move to Canada and become a permanent resident. Mr. Newton currently resides in Duluth, Minnesota, where he has been working for four years as an engineer in a small local firm. He is single and has never been married. He has no children.

Mr. Newton has a Bachelor's and Master's of Engineering (Aerospace and Mechanics), both obtained at the University of Minnesota. Because of crushing student debt from these programs, he has only $2,000 in savings. He has never studied, worked, or lived in Canada. He has no relatives in Canada. If he were to take an approved English language test, assume Mr. Newton would obtain CLB level 9 in all language skill areas. He does not know any French.

An engineering firm, Jet Aerospace Inc., has made him an offer to work as an engineer in their Product Design Division. They are willing to take the steps necessary to bring him to Canada to work and then to apply for permanent residence. The Chief Operations Officer, who is given to hyperbole, has told his Board of Directors that Mr. Newton is perhaps the most qualified person in history - barring perhaps one other, who was unavailable - to fill out his product design team.

However, Jet Aerospace Inc. needs Mr. Newton to be able to start on September 1, 2021. It is currently July 15, 2021. It is unlikely that Mr. Newton will be able to submit an Expression of Interest, receive an Invitation to Apply, file an application for permanent residence, and get approved before September 1, 2021. Therefore, you plan on applying for a work permit for Mr. Newton under the International Mobility Program, specifically under the Canada-United States-Mexico Agreement.

We are to assume he will be issued a Work Permit under the CUSMA - Appendix 2 [R204(a)] and that he will complete his biometrics on the day he makes his application (at entry into Canada).  

 

QUESTION 1 - Can Mr. Newton apply under the Canadian Experience Class? What are his timelines for doing so, and what steps must he take to apply?   Be as thorough as possible, i.e., work out everything you would have to explain to him if he were sitting in your office! 

Consider Specifically:

a)     What is the absolute soonest that Mr. Newton can file an application for the Canadian Experience Class?
(The question is not: How soon can he submit an expression of interest?)

b)    Given that answer, what is the absolute earliest that he should he submit an Expression of Interest to the Express Entry system?

c)     What else will he need to do to apply?  

 

QUESTION 2 - What will it take for Mr. Newton to apply, and what are his chances of success under the Federal Skilled Worker Class? 

• How many points would he receive in the following areas, if he applies right away?
  • Education
  • Official language proficiency
  • Work experience
  • Age
  • Arranged employment
  • Adaptability
• How many total points will he receive? Is he likely to be accepted under this class?
• What is the absolute soonest that Mr. Newton can file an application under the Federal Skilled Worker Class? (Once again, the question is not: How soon can he submit an expression of interest?)