DISCLAIMER:
This writing has been prepared by Colin R. Singer, Attorney-At-Law, for the intended reference by interested individuals and is not intended to create an attorney - client communication. This compilation may be reproduced for the personal non-commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein..

It has recently been brought to our attention, that certain visa offices in the course of implementing post specific versions of "One-Step" procedures to processing permanent residence applications, are returning to engineering applicants, their entire applications, when same do not include at the submission stages, a favorable informal assessment from the Canadian Council of Professional Engineers.

The following submission forms the basis of our recent representations dispatched to National Headquarters and a particular visa office.

We are pleased to confirm receipt from NHQ, that "an informal occupational assessment such as that of the CCPE, is not a mandatory part of the application process. The final decision on whether the applicant is qualified in a given occupation is that of the Visa Officer. However, the informal does serve a valuable role, in providing the Visa Officer evidence that an applicant may be qualified to work in a given occupation in Canada".

The basis of our submissions included:

1. There is no legal requirement for applicants applying as engineers to Canada, to obtain prior approval from the Canadian Council of Professional Engineers. Indeed, such a condition if required, would obligatorily be outlined in the CCDO and/or accessory guidelines, and cannot be imposed by a visa office: Lee v. Canada (Minister of Citizenship & Immigration) Imm.L.R. (2d) p.222.

2. If there are any requirements that an applicant to be assessed as an engineer must meet, fairness and transparency demands that this information must be provided to applicants, beforehand: Lee, supra.

3. If there are any such requirements that an applicant to be assessed as an engineer must meet, such undertakings cannot be imposed on engineers as a sine quo non condition of assessment. Indeed, an application for permanent residence is legally filed with the submission of a duly completed application form along with the applicable cost recovery fees: Wong v. Canada (Minister of Employment & Immigration) (1986) 64 N.R. 309 (Fed C.A.) p. 311.

4. Engineers who are treated in such manner and who are required to proceed with an informal assessment prior to file submission, may run the risk of becoming unqualified due to loss of pointage under Factor - Age, or due to modifications in the selection criteria, during the processing of an informal request.

Indeed, current delays at the CCPE for the processing of an informal request for qualifications assessment, are in the area of 2-4 months from application submission.

5. Favorable informal assessments by the CCPE, are in themselves, no guarantee of admission by the licensing/regulatory body of the jurisdiction in which the prospective applicant intends to practice.

6. Is it fair that engineers must complete an informal assessment prior to the processing and assessment of an applicant's credentials, while occupations of lessor training and skills such as cooks, would not? We suggest not.

While we recognize the need for missions abroad to become administratively efficient, we respectfully submit that those applicants who are recommended to obtain professional licensure and related informal assessments, would proceed with such undertakings concurrently with the processing of their application, should they so elect.

In this regard, we submit that many professionals in general and engineers in particular who cannot meet the registration requirements as a professional, will still be able to find employment as an (engineer) and work under the direct supervision of a Professional Engineer. "Working as an employee engineer is acceptable in almost every situation as long as a licensed Professional Engineer oversee (sic) and takes responsibility for the engineering work being done" (Human Resources Development Canada - Occupational Entry Requirements in Canada -1995, p.3).

We encourage professionals in general and engineers in particular that where informal assessments are not readily available, to file their applications forthwith, while advising the particular visa office in question, that an informal assessment is forthcoming which will be forwarded to the visa office in due course.

We also encourage individuals who are experiencing difficulties with a particular visa office related to the foregoing issue, to communicate with us by Email.