Employers can use programs to find workers
Under the Immigration and Refugee Protection Act, provinces that have entered into an agreement with the federal government have the ability to select immigrants who will be beneficial. The intention is simply to permit provinces to select skilled and business immigrants based on their individual priorities. The key considerations are that each successful nominee will be able to become economically established and reside in the selecting province.
The HR perspective is simple: Key skill shortages must be addressed in a quick and expeditious process that will result in long-term value. Provincial nominee programs (PNP) permit Canadian employers to obtain immigration advantages that include the following:
Processing a work permit without Service Canada labour market opinion (LMO) issuance. Once the nomination acceptance/certificate is obtained and the province confirms the urgent need for the applicant, the work permit can be issued by a visa. There is no need to wait the extended processing times currently experienced at Service Canada offices to obtain a LMO.
It should be further noted that if the employee is already in Canada on a work permit issued under an LMO, an application can be made for a PNP approval, which could then form the basis of the extension of the employee’s work permit. This could expedite the issuance of the new work permit. This may be a critical factor for employees who must travel outside of Canada and require the immediate issuance of the new work permit to ensure re-entry to Canada.
Expedited immigration processing through a Canadian visa office. An application for permanent residence, under the skilled worker category, filed with evidence of approval under a PNP program, will receive priority processing. This can be significant. Normal processing times for applications at Canadian consulates in the United States range from 14 to 24 months. When the application is filed with a PNP approval, the permanent resident status can be obtained in as little as eight to 12 months.
The federal point assessment system does not apply. A provincial nominee selection authorizes a visa office to issue a visa if the applicant otherwise is admissible to Canada (meets health and criminality requirements). There is no assessment on a federal point system — accordingly, age and language issues may be addressed by seeking provincial nominee approval prior to making an application as a skilled worker.
The process for making an application for a PNP approval may be best understood by reviewing the criteria for two leading provinces — Alberta and British Columbia. (For a look at programs across the country, see pages 18 and 20.)
Alberta
The Alberta program began in March 2002. The purpose of the program is to nominate candidates who will provide significant and economic and industrial benefits to the province, including meeting critical skills shortages and business development needs. The program has processed more than 1,450 applications.
Criteria
•The position must be considered as level O, A or B within the National Occupational Classification (NOC) codes. As a general rule, these levels include management, professionals and trades with post-secondary education or apprenticeship training.
•The position offered must be a permanent, full-time position in Alberta.
•The employer must demonstrate that the position cannot be filled by a Canadian or Canadian permanent resident.
•The position must comply with provincial employment and wage standards, and cannot conflict with existing collective bargaining agreements.
•The position must be offered to a person with the requisite qualifications.
Application format
The Alberta PNP is officially a two-step process. However, in practice, these two steps can be combined. First the employer submits the employer application that demonstrates its eligibility to nominate a foreign national for a PNP. Then, the foreign candidate submits her skilled worker/professional application. This application demonstrates the candidate’s qualifications and eligibility to assume the responsibilities of the position.
If both applications are complete upon receipt by the Alberta PNP, issuance is very quick at about three days. However, the Alberta PNP claims that almost 90 per cent of applications require additional information, which causes delays.
Once the applicant is approved under the program, she then applies for permanent residence through the appropriate Canadian visa office. This process should take less than a year to be finalized.
Limitations
The Alberta PNP focuses on meeting the needs of the province with respect to filling skills shortages and contributing to industrial growth. As a result, population growth and community development do not factor into the program’s assessment factors. Only employers can initiate a PNP application in Alberta. As a result, individuals who may be able to contribute to Alberta’s economy outside of an employer-employee relationship do not have access to this program. Further, employers are encouraged to submit an application only after the employee is employed in Alberta on a work permit.
British Columbia
The British Columbia PNP was initiated in 2001 to attract skilled workers in demand by the province (strategic occupations categories). In 2002, the program was extended to include business immigrants who wished to invest and start a business in British Columbia (business categories). Since 2001, the province has approved more than 2,000 applications, 10 per cent of which fell under the business categories. It is intended that the program will increase the number of approved candidates by 41 per cent. This increased target will apply to applications under the strategic occupations categories.
Criteria
In the strategic occupations categories, an applicant can fall under one of three categories: skilled worker, public sector health professional or international graduate. The only criteria for skilled workers is that their professions are classified under NOC O, A, or B as is the case in Alberta. Public sector health professionals are reserved solely for physicians, registered nurses and psychiatric nurses recruited by regional health authorities through Health Match B.C. Applications under this category are submitted directly to Health Match B.C.
International graduates must apply within one year of the date shown on their final official transcript, and must be offered a job after the applicant has graduated from her program of study. For those applicants earning a bachelor’s degree, at least two years of the program must have been completed in B.C. For graduate students, a minimum of one year must have been spent in the province, and foreign students pursuing a college diploma must have spent the entire program’s duration in the province. Although no experience is required to apply for the nomination, the student must have obtained an overall mark of at least 70 per cent.
The following criteria will be assessed by the program in all streams of the strategic occupations categories:
•present demand for the occupation — B.C. PNP will examine the labour market to determine shortages. Recruitment efforts are taken into consideration but are not crucial;
•wages;
•applicant’s qualifications;
•the offer of employment (including job title and duties, salary, hours of work, statement indicating that the position is full time and permanent, and benefits);
•employer’s history and operations — the employer must be incorporated, have been in business for a minimum of one year and employ at least five people. Also, the applicant cannot own more than 10 per cent of an equity share in the B.C. business;
•economic benefits to B.C.; and
•the applicant’s ability to become established in B.C.
Application format
Under the strategic occupations categories, the applicant (not the employer) submits an application to B.C. PNP, which will either issue a file number or indicate any missing information after assessing the application. The fee to process a PNP application is $550. If any information is missing, the applicant has 15 business days to provide it or the application will be closed. Once approved, the applicant has 180 days to submit an application for permanent residence to the appropriate visa office.
Limitations
Processing times in B.C. can be quite lengthy, and applicants should recognize it could take months before a PNP is issued. Recently, there has been a considerable reduction in the processing times.
Howard Greenberg is a partner with Greenberg Turner, a human resources law firm based in Toronto. Greenberg, certified by the Law Society of Upper Canada as a specialist in immigration law, can be reached at (416) 943-0288 or [email protected].
The HR perspective is simple: Key skill shortages must be addressed in a quick and expeditious process that will result in long-term value. Provincial nominee programs (PNP) permit Canadian employers to obtain immigration advantages that include the following:
Processing a work permit without Service Canada labour market opinion (LMO) issuance. Once the nomination acceptance/certificate is obtained and the province confirms the urgent need for the applicant, the work permit can be issued by a visa. There is no need to wait the extended processing times currently experienced at Service Canada offices to obtain a LMO.
It should be further noted that if the employee is already in Canada on a work permit issued under an LMO, an application can be made for a PNP approval, which could then form the basis of the extension of the employee’s work permit. This could expedite the issuance of the new work permit. This may be a critical factor for employees who must travel outside of Canada and require the immediate issuance of the new work permit to ensure re-entry to Canada.
Expedited immigration processing through a Canadian visa office. An application for permanent residence, under the skilled worker category, filed with evidence of approval under a PNP program, will receive priority processing. This can be significant. Normal processing times for applications at Canadian consulates in the United States range from 14 to 24 months. When the application is filed with a PNP approval, the permanent resident status can be obtained in as little as eight to 12 months.
The federal point assessment system does not apply. A provincial nominee selection authorizes a visa office to issue a visa if the applicant otherwise is admissible to Canada (meets health and criminality requirements). There is no assessment on a federal point system — accordingly, age and language issues may be addressed by seeking provincial nominee approval prior to making an application as a skilled worker.
The process for making an application for a PNP approval may be best understood by reviewing the criteria for two leading provinces — Alberta and British Columbia. (For a look at programs across the country, see pages 18 and 20.)
Alberta
The Alberta program began in March 2002. The purpose of the program is to nominate candidates who will provide significant and economic and industrial benefits to the province, including meeting critical skills shortages and business development needs. The program has processed more than 1,450 applications.
Criteria
•The position must be considered as level O, A or B within the National Occupational Classification (NOC) codes. As a general rule, these levels include management, professionals and trades with post-secondary education or apprenticeship training.
•The position offered must be a permanent, full-time position in Alberta.
•The employer must demonstrate that the position cannot be filled by a Canadian or Canadian permanent resident.
•The position must comply with provincial employment and wage standards, and cannot conflict with existing collective bargaining agreements.
•The position must be offered to a person with the requisite qualifications.
Application format
The Alberta PNP is officially a two-step process. However, in practice, these two steps can be combined. First the employer submits the employer application that demonstrates its eligibility to nominate a foreign national for a PNP. Then, the foreign candidate submits her skilled worker/professional application. This application demonstrates the candidate’s qualifications and eligibility to assume the responsibilities of the position.
If both applications are complete upon receipt by the Alberta PNP, issuance is very quick at about three days. However, the Alberta PNP claims that almost 90 per cent of applications require additional information, which causes delays.
Once the applicant is approved under the program, she then applies for permanent residence through the appropriate Canadian visa office. This process should take less than a year to be finalized.
Limitations
The Alberta PNP focuses on meeting the needs of the province with respect to filling skills shortages and contributing to industrial growth. As a result, population growth and community development do not factor into the program’s assessment factors. Only employers can initiate a PNP application in Alberta. As a result, individuals who may be able to contribute to Alberta’s economy outside of an employer-employee relationship do not have access to this program. Further, employers are encouraged to submit an application only after the employee is employed in Alberta on a work permit.
British Columbia
The British Columbia PNP was initiated in 2001 to attract skilled workers in demand by the province (strategic occupations categories). In 2002, the program was extended to include business immigrants who wished to invest and start a business in British Columbia (business categories). Since 2001, the province has approved more than 2,000 applications, 10 per cent of which fell under the business categories. It is intended that the program will increase the number of approved candidates by 41 per cent. This increased target will apply to applications under the strategic occupations categories.
Criteria
In the strategic occupations categories, an applicant can fall under one of three categories: skilled worker, public sector health professional or international graduate. The only criteria for skilled workers is that their professions are classified under NOC O, A, or B as is the case in Alberta. Public sector health professionals are reserved solely for physicians, registered nurses and psychiatric nurses recruited by regional health authorities through Health Match B.C. Applications under this category are submitted directly to Health Match B.C.
International graduates must apply within one year of the date shown on their final official transcript, and must be offered a job after the applicant has graduated from her program of study. For those applicants earning a bachelor’s degree, at least two years of the program must have been completed in B.C. For graduate students, a minimum of one year must have been spent in the province, and foreign students pursuing a college diploma must have spent the entire program’s duration in the province. Although no experience is required to apply for the nomination, the student must have obtained an overall mark of at least 70 per cent.
The following criteria will be assessed by the program in all streams of the strategic occupations categories:
•present demand for the occupation — B.C. PNP will examine the labour market to determine shortages. Recruitment efforts are taken into consideration but are not crucial;
•wages;
•applicant’s qualifications;
•the offer of employment (including job title and duties, salary, hours of work, statement indicating that the position is full time and permanent, and benefits);
•employer’s history and operations — the employer must be incorporated, have been in business for a minimum of one year and employ at least five people. Also, the applicant cannot own more than 10 per cent of an equity share in the B.C. business;
•economic benefits to B.C.; and
•the applicant’s ability to become established in B.C.
Application format
Under the strategic occupations categories, the applicant (not the employer) submits an application to B.C. PNP, which will either issue a file number or indicate any missing information after assessing the application. The fee to process a PNP application is $550. If any information is missing, the applicant has 15 business days to provide it or the application will be closed. Once approved, the applicant has 180 days to submit an application for permanent residence to the appropriate visa office.
Limitations
Processing times in B.C. can be quite lengthy, and applicants should recognize it could take months before a PNP is issued. Recently, there has been a considerable reduction in the processing times.
Howard Greenberg is a partner with Greenberg Turner, a human resources law firm based in Toronto. Greenberg, certified by the Law Society of Upper Canada as a specialist in immigration law, can be reached at (416) 943-0288 or [email protected].
