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Express Entry: class priority for applicants eligible under multiple classes

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateAugust 9, 2024
CategoryResidence
Policy toolSelection criteria
Affected groupExpress entry applicants eligible under more than one of the federal skilled worker, canadian experience and federal skilled trades classes, subject to the class-specific grouping exception

Policy effect

Effective August 9, 2024, Ministerial Instructions 2024-1 added section 5.1 to the Express Entry instructions. A foreign national eligible for an invitation under more than one of the Federal Skilled Worker Class, Canadian Experience Class and Federal Skilled Trades Class could apply for permanent residence only under the Canadian Experience Class if eligible for it, or otherwise under the Federal Skilled Worker Class. This priority rule did not apply to members of a class-specific invitation grouping established under IRPA subparagraph 10.3(1)(h.1)(ii), meaning a grouping of eligible foreign nationals eligible to belong to a class specified in the Minister’s instructions. The applicable class was determined from the information in the expression of interest. The instruction was given on August 9, 2024; its commencement clause specified April 15, 2024 or, if given later, the day it was given.

Conditions and exceptions

Validated condition or limit: A foreign national eligible for an invitation under more than one of the Federal Skilled Worker Class, Canadian Experience Class and Federal Skilled Trades Class could apply for permanent residence only under the Canadian Experience Class if eligible for it, or otherwise under the Federal Skilled Worker Class.; This priority rule did not apply to members of a class-specific invitation grouping established under IRPA subparagraph 10.3(1)(h.1)(ii), meaning a grouping of eligible foreign nationals eligible to belong to a class specified in the Minister’s instructions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

# Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2024-1 **Department Of Citizenship And Immigration** Immigration And Refugee Protection Act The Minister of Citizenship and Immigration gives the annexed *Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2024-1* under paragraph 10.3(1)(j.1) [Footnote a](#fna) of the *Immigration and Refugee Protection Act*[Footnote b](#fnb). Ottawa, August 9, 2024 Marc Miller *Minister of Citizenship and Immigration* ## Amendments **1 The *Ministerial Instructions Respecting the Express Entry System*[Footnote 1](#fn1) are amended by adding the following after section 5:** **Invitation for one class only** **5.1 (1)** A foreign national who is eligible to be issued an invitation as a member of more than one of the classes referred to in paragraphs 2(a) to (c) may make an application for a permanent residence visa only - **(a)** in respect of the class referred to in paragraph 2(b), if the foreign national is eligible to be issued an invitation as a member of that class; and - **(b)** in respect of the class referred to in paragraph 2(a), in any other case. **Non-application of subsection (1)** **(2)** Subsection (1) does not apply in respect of foreign nationals who are members of a grouping established un- der an instruction given under subparagraph 10.3(1)(h.1)(ii) of the Act. **Basis of decision** **(3)** The determination of the class in respect of which a foreign national may make an application for a permanent residence visa is made on the basis of the information provided in the expression of interest. **Taking Effect** 2 This Instruction takes effect on April 15, 2024, but if it is given after that day, it takes effect on the day on which it is given. ## Footnotes Footnote a S.C. 2022, c. 10, s. 377(2) [Return to footnotea Referrer](#fna-0-rf) Footnote b S.C. 2001, c. 27 [Return to footnoteb Referrer](#fnb-0-rf) 1 [*Canada Gazette*, Part I, Vol. 148, Extra No. 10, December 1, 2014](https://gazette.gc.ca/rp-pr/p1/2014/2014-12-01-x10/html/extra10-eng.html#e01) [Return to footnote 1 Referrer](#fn1-0-rf) …
Immigration, Refugees and Citizenship CanadaMinisterial Instructions2024-1, section5.1 and taking-effect clause; principal Express Entry instructions, section2; IRPA section10.3(1)(h.1)(ii).Open official source
Retrieved from https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/amendment-2024-1.html

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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