IELTS may not be necessary for Canada Immigration

For Canada Immigration, the IELTS is sufficient but not necessary to establish proficiency in the English language

Warning! Note the date that is written. Laws and regulations are in a constant state of change. What follows is not offered as legal advice and the accuracy of this information is not guaranteed. If you wish to immigrate  to Canada and you do not wish to take the IELTS, you are urged to get legal advice.

One who wishes to immigrate to Canada must comply with the requirements of the Immigration and Refugee Protection Act. S. 14 of this Act allows for the government to make regulations as follow:

Regulations

Regulations

14. (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division.

http://laws.justice.gc.ca/eng/SOR-2002-227/page-3.html#anchorbo-ga:l_6-gb:l_1

One applying to immigrate to Canada as a “permanent resident” must meet certain criteria. The following regulation includes “Proficiency in English and French” as one of the criterion. It reads as follows:

_______________________________________________________

Proficiency in English and French (20 points)

79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must

(a) have their proficiency in those languages assessed by an organization or institution designated under subsection (3); or

(b) provide other evidence in writing of their proficiency in those languages.

24 Points

(2) Assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, as follows:

(a) for the ability to speak, listen, read or write with high proficiency

(i) in the first official language, 4 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 8 or higher, and

(ii) in the second official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 8 or higher;

(b) for the ability to speak, listen, read or write with moderate proficiency

(i) in the first official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 6 or 7, and

(ii) in the second official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 6 or 7; and

(c) for the ability to speak, listen, read or write

(i) with basic proficiency in either official language, 1 point for each of those abilities, up to a maximum of 2 points, if the skilled worker’s proficiency corresponds to a benchmark of 4 or 5, and

(ii) with no proficiency in either official language, 0 points if the skilled worker’s proficiency corresponds to a benchmark of 3 or lower.

Designated organization

(3) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.

Conclusive evidence

(4) The results of an assessment of the language proficiency of a skilled worker by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (3) are conclusive evidence of the skilled worker’s proficiency in the official languages of Canada for the purposes of subsections (1) and 76(1).

SOR/2004-167, s. 29; SOR/2008-253, s. 7.

 

S. 79 specifies that an applicant must demonstrate competency in language. That said, the applicant has a clear choice of how to demonstrate that proficiency. The applicant can either:

–          have their proficiency assessed (For example by IELTS); or

–          provide evidence in writing of proficiency.

Although the regulation requires that language proficiency is necessary, a third party assessment of that proficiency is not necessary. Rather, the applicant can provide (in writing) evidence of proficiency.

Immigration Canada has recently required applicants to pass the IELTS (International English Language Testing System). Without a change in the text of the regulation the IELTS cannot be required. That said, a pass on the IELTS would be a sufficient condition to demonstrate competency in English.

Applicant’s who are happy to take the IELTS should feel free to do so. Applicants who do not want to take the IELTS should simply provide evidence (in writing) of their language proficiency.

Once again, if you do not wish to take the IELTS, you should not rely on this post. There is no guarantee of the accuracy of the information. You are urged to consult a Canadian lawyer!

 

26 thoughts on “IELTS may not be necessary for Canada Immigration

  1. Pingback: Canada – Foreign Trained Professionals and FARPA | IELTS Preparation Courses – Toronto, Canada

  2. Aysha Ashraf

    if my whole family is applying..is it necessary for all of us to give ilets/evidence in writing?
    we are 7 members..me,my mom,my brother and sister can give it! my dad is not good at english and my other 2 siblings are way too young,what should we do?

    1. Faree

      we want to migrate to canada with family, we are all five members, wife husband two daughters, one son without ielts is it possible
      If possible one person pass Ilets test (husband or wife) or must IELTS pass both person. Please reply

      1. Faree

        we want to migrate to canada with family, we are all five members, wife husband two daughters, one son without ielts is it possible
        If possible one person pass Ilets test (husband or wife) or must IELTS pass both person. Please reply

  3. Mekonnen

    My name is Mekonnen Zewdu I’m Ethiopian, 26 and graduated from recognized government university. Now I have 5 year work Experience, want to immigrate to canada by federal skilled worker program. I want to ask question for you. Is IELTS must for skilled worker program inplace of IELTS can I give you evidence for midium of instruction is English in Ethiopia starting from secondary school to university

  4. shaik riyaz ahmed

    we want to migrate to canada with family, we are all five members, wife husband three daughters, without ielts is it possible

  5. Erika Ira Nario

    Hi I’m Erika, i just like to ask, i will not take the IELTS exam and i was able to provide any certificate from my school and to the company i work with that the form of comunication is in english, its ok?

  6. santosh dhungana

    we want migrate to Canada,we are three members:wife,daughter and me.we do not have ielts,is it possible?

  7. Sudip Mondal

    Sir….
    I am 23 years old Indian passport holder, Now working in UAE at Kelvin
    Catering Services(Emirates)L.L.C with last 3 years as an Indian Cook(Comi 1). But
    my education qualification is only SSC(10th passed). Can I able to get Canadian
    Temporary Work Visa or Skilled Worker Visa?

  8. kanchan

    hi ,my name is kanchan,profissionally i am cook,I have completed 2 year advanced diploma in hospitality management in australia,now i want to immigrate to canada,Do i need to take for ielts exam or the canadian immigration exempt me for ielts?

    thanks.

  9. md anwar-ul-huq

    we want to migrate to canada with family, we are all three members, wife husband daughter, without ielts is it possible?

  10. GM Rashidul Hassan

    I am a Bangladeshi graduate Electrical and Electronic Engineer and I completed masters in Business Administration. I served twice in united Nations one is as UN staff and another as contingent member. I have wife and two daughters. My wife is also master degree holder and working in a university as program officer. I want to migrate with all of my family members in Canada. Without IELTS is it possible or not? If yes, need to know the system please.

  11. parul

    Hi I am parul I have done graduation in multimedia and I want to migrate in Canada.In ielts I have 5.5 score

  12. raman

    hii..i m 23 yrs old having master in computer application degree from university.can i apply as permanant resident in toronto..and how many points required for it and or ilets bands is required?

  13. Dalbir singh

    Sir iam indian.i am graduate from punjab university chandigarh.but now i live in italy on PR.i have five year work experence of agriculture workers.so please suggest me.

  14. Tushar Dahake

    Dear Sir,

    I am working at Dubai Sea Port as a supervisor since three year waste management (environment )I have done Post Graduation One year Diploma Fire Safety & Hazard Management, i want to come in Canada for job PR for work permit.
    So, I have to take IELTS exam, Please let me know. is it necessary .

  15. mrudul babu

    am an Indian, i came Singapore to study as an international student ,after graduated i got job in silicon manufacturing company located Singapore itself , now am planing to go Canada to take my degree . my question is whether i need ILETS or not to go Canada because am graduated from local polytechnic singapore…?

  16. usman anwar

    hai i already have three year immigration visa for uk but i want with three year uk visa can give benefit for canada the categeory whic i get from uk is sole respresentative and my family also three visas for uk these things benefit for canada immigration
    Thanks regards,
    Usman anwar

  17. Faraz khan

    Sir my name faraz khan sir i want to immigrate to canada with mother and did we applicable to have citezenship of canda without giving iels test if its possible so please inform me and my mom is phd holder in plant pathology and seed pathology if there any kind of information about my case so please inform me

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