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Canada Immigration issues, Questions and Answers

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Fatima-Zahra-Fahmi

Fatima-Zahra-Fahmi

Fatima-Zahra-Fahmi

Fatima-Zahra-Fahmi

Is my application eligible for processing?

I am an electrical engineer by career. The list of 38 qualifying occupations does not include my profession but include that of Construction Managers. I have an extensive experience managing construction projects. Can I be considered for processing under “construction Managers” although I don’t have the education or training usually required for this occupation?

Answer:

Under the changes to the Immigration and Refugee Protection Act that were introduced in November 28, 2008, federal skilled worker applications are assessed for eligibility according to a set of criteria issued by the Minister of Citizenship and  Immigration. Amongst these criteria is to have work experience in one of 38 occupations that are considered under pressure in Canada.

For the purpose of skilled worker applications under the ministerial instructions, the applicant must have:

1. Performed the actions described in the lead statement for the occupation (or occupations) as set out in the occupational description of the National Occupations Classification (NOC);
2. Performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC.
3. Support the claim of one year of continuous paid full time work experience or equivalent in that occupation in the last 10 years.

Your educational background is not very important as long as you performed the actions and duties of the qualifying occupation.Whether your experience is going to be considered meeting the ministerial instructions and fall under NOC 0711 for Construction Managers, will depend on what documentary proof you will be providing to support your claim of having performed the actions described in the lead statement and a substantial number of the main duties of that occupation. Proof may include an employment letter or a reference letter from an employer detailing your duties. A document that lacks sufficient detail to permit eventual verification and a credible description of your experience is unlikely to satisfy an officer of your eligibility.

The National Occupations Classification describes the actions of Construction Managers in the lead statement as follow:

“Construction managers plan, organize, direct, control and evaluate the activities of a construction company or a construction department within a company, under the direction of a general manager or other senior manager. They are employed by residential, commercial and industrial construction companies and by construction departments of companies outside the construction industry”

The “Main Duties” of this occupation contain the following:

•    Plan, organize, direct, control and evaluate construction projects from start to finish according to schedule, specifications and budget
•    Prepare and submit construction project budget estimates
•    Plan and prepare construction schedules and milestones and monitor progress against established schedules
•    Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors
•    Develop and implement quality control programs
•    Represent company on matters such as business services and union contracts negotiation
•    Prepare progress reports and issue progress schedules to clients
•    Direct the purchase of building materials and land acquisitions
•    Hire and supervise the activities of subcontractors and subordinate staff.

“Fatima-Zahra Fahmi practices immigration law in Toronto at Canada Immigration International and is a member of the Canadian Society of Immigration Consultants. To reach her directly, call (416) 616-7979, email info@immig.ca or visit http://www.immig.ca

You are invited to submit your immigration questions to the email address above. Please name your subject “moroccopost.net”. Only relevant questions will be selected and answered. Confidentiality will be respected.

Disclaimer: This information is intended to be of a general nature and do not constitute legal advice.

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