Provincial nominee programs from coast to coast

A thumbnail look at what each province requires

With the exception of immigration to Quebec, immigration in Canada remains the purview of the federal government, namely Citizenship and Immigration Canada (CIC). But, since 1998, provincial nominee programs (PNP) have given provinces some say. Designed to fast-track selected applicants, the program lets provinces nominate potential immigrants for permanent residence. It’s still up to CIC to process applications, screen them and issue the final decision. Here’s a look at how PNPs work across the country:

British Columbia

There are two components to B.C.’s program. The strategic occupations component supports B.C. employers to recruit or retain highly qualified foreign workers to help meet current and future skill needs. The business component accepts applications from experienced entrepreneurs who plan to invest in and actively manage a business in B.C.

Under the strategic occupations component, applicants fall into three categories:

•skilled workers (managers, professionals, technologists and technicians, and skilled trades);

•designated health professionals (registered nurses, midwives, registered psychiatric nurses and physicians); and

•international graduates (recent graduates of recognized B.C. post-secondary institutions. Eligible candidates are those with undergraduate or graduate degrees in natural sciences, applied sciences or engineering; health sciences; computer science, information systems or digital media; and business or commerce. Candidates with two-year diplomas must have completed their entire course of study in B.C.)

The requirements for applying to the strategic occupations component of the PNP are:

•The employer has offered, and the candidate has accepted, permanent, full-time employment in a skilled occupation.

•The candidate is qualified to do the job.

•The wage is competitive with B.C. wage rates.

•The candidate’s field of employment offers good long-term prospects.

•The employer must be financially sound, have a history of good practices — including compliance with employment, immigration and health and safety laws and regulations — and normally must have been operating in B.C. for at least one year and have at least five paid employees.

•The employment of a foreign worker will be of significant economic benefit to B.C.

•The employment of a foreign worker will not adversely affect the settlement of a labour dispute, or the employment of anyone involved in one.

The strategic occupations component of the PNP is focused on supporting industries that are priorities for economic development.

The B.C. PNP will only approve candidates who are likely to contribute long-term net economic benefits to B.C., and normally will not approve individuals over 55.

It will not accept applications to nominate individuals who have an unresolved refugee claim in Canada, are in Canada illegally, are under a removal order in Canada or are prohibited from entering the country.

It will not approve an application if it appears likely a candidate’s family income (based on the candidate’s job offer and any spousal job offer) will be below Statistics Canada’s low income cut-off.

Alberta

Alberta’s program is an employer-driven skilled worker immigration program operated by the province in conjunction with CIC to expedite permanent residency.

The PNP considers skilled workers in occupational levels O (management occupations), A (occupations requiring university education) or B (occupations requiring college education or apprenticeship training), as defined by the National Occupational Classification Code (NOC).

The Alberta PNP is a two-step process. The first step requires that the employer apply for an occupation in skill levels O, A or B allowing for recruitment of skilled workers. If the employer and occupation are approved, the second step of the process requires the employer to nominate a candidate who has the relevant education, training and experience.

Employers may apply to the PNP to retain skilled workers already working in Alberta under a federal temporary foreign worker authorization.

Employers unable to fill skilled occupations in occupational levels O, A or B with Canadian residents may also present an application to the PNP and apply for an allocation to recruit skilled foreign workers. The employer’s application will be considered by the PNP if the occupation:

•cannot be filled by a permanent resident;

•is for permanent, full-time employment in Alberta;

•has a positive labour market opinion issued by Human Resources and Social Development Canada;

•meets provincial employment and wage standards;

•does not conflict with existing collective bargaining agreements; and

•is offered to an individual who has the required qualifications and certifications.

Individuals cannot apply directly to the PNP. Candidates will only be considered if:

•their employer has been previously approved by the PNP;

•they are skilled workers in occupational levels O, A or B;

•they have been offered a permanent, full-time occupation;

•they possess relevant qualifications, work experience, certification and work permit; and

•they have met the employer’s probationary requirements.

With the employer’s application and subsequent approval, the successful employee candidates may then be nominated by the Alberta PNP to CIC for expedited permanent residency processing. Nominated employee candidates must then submit their application to CIC and meet all federal statutory immigration requirements.

Saskatchewan

The Saskatchewan Immigrant Nominee Program (SINP) has seven categories for nominations: skilled workers; family members; long-haul truck drivers; health professions; entrepreneurs; foreign students; and farmers.

Candidates under the skilled worker category fall into one of three categories: skilled worker/professional; critical occupation; and existing work permit.

Candidates under the skilled worker category may fall under one of three sub-categories:

•in the skilled worker-professional sub-category, they must have a full-time, permanent job offer from a Saskatchewan employer in a level A or B occupation as defined by the NOC or in a designated trade in Saskatchewan;

•in the critical occupations sub-category, they must have a permanent, full-time job offer in a management position in the level O; and

•in the existing work permit sub-category, they must have worked in Saskatchewan for at least six months on a temporary work permit in a level A or B occupation or in a trade.

Candidates under the family members category must have a relative living in Saskatchewan for at least a year who’s willing to provide assistance during the immigration process and after they arrive. Candidates must be between 18 and 49, have a diploma, a certificate or a degree, at least one year of work experience in their field of training, the English language ability to get a job in their field and a full-time, permanent job offer.

Candidates under the health professions category must have the education and professional certification to qualify for employment in Saskatchewan in a skilled health occupation. They must be working on a temporary work permit for at least six months and have a permanent job offer from a Saskatchewan health employer; be supported by the appropriate licensing body, by Saskatchewan Health and by the local regional health authority.

Under the long-haul truck driver category, Saskatchewan trucking firms may bring in foreign workers under Service Canada’s temporary foreign worker policy for occupations requiring high school diploma or on-the-job training and then retain them as permanent employees through the PNP. Employers under this program must have been in operation for at least five years, have no compliance issues, and primarily do long-distance shipping requiring cross-border travel. They must submit a company plan for recruitment and screening of foreign drivers, orientation and training of foreign drivers and settlement and support for immigrant employees and families.

Manitoba

Applications to Manitoba’s PNP (MPNP) are assessed under different assessment streams, including the employer direct stream, international student stream, family support stream, community support stream, strategic recruitment initiatives stream and the general stream.

Under the employer direct stream, priority will be given to employers that apply for pre-approval of job offers demonstrating that they have made a genuine effort to recruit in Canada for the position and are offering a wage and benefit package compatible with labour market standards and sufficient to retain the worker in Manitoba and demonstrate they will provide additional supports to assist newcomers with their settlement needs.

Employers can apply for pre-approval of job offers for permanent, full-time positions in Manitoba that meet prevailing regional wage rates, are made to individuals who meet the required qualifications for the position and do not conflict with existing collective bargaining agreements. Applicants who are currently employed full time for the last six months in Manitoba with a temporary work permit and have a permanent job offer do not require pre-approval of their job offers.

Employers should submit a separate application for pre-approval for each type of position they wish to fill. Employers will be informed if their applications to provide job offers to potential MPNP applicants have been pre-approved, the number of workers who can receive MPNP pre-approved job offers and any conditions attached to the pre-approvals.

Ontario

As of press time, discussions between Ontario and the federal government to set up a provincial nominee program are still ongoing.

Quebec

Under the Canada-Quebec Accord on Immigration, Quebec is able to establish its own immigration requirements and select immigrants who will adapt well to living in Quebec. To come to Canada as a Quebec skilled worker, candidates must first apply to the Quebec government for a certificat de sélection du Québec (CSQ). Once they’ve been selected by Quebec, candidates have to make a separate application to CIC for permanent residence. Quebec skilled workers are not assessed on the six selection factors of the federal skilled workers program.

A foreign worker who has a validated job offer from a Quebec employer may obtain additional points during the selection process and their file may be given priority processing. To be eligible for this program, the employer must:

•have been in business in Quebec for more than 12 months;

•offer a job with a skill level higher than D as defined by the NOC;

•be able to prove it is unable to fill the position locally through the usual recruitment channels;

•establish that no Quebec resident could be trained to fill the position within a maximum period of one year;

•offer a position that complies with legal and regulatory obligations, the hiring for which will not be detrimental to the employment of a person involved in a work-related conflict; and undertake in writing to reserve the job for the foreign worker.

To hire a permanent foreign worker, employers must forward a letter of intent and then forms for the assessment of the validated employment offer to the Ministère de l’Immigration et des Communautés culturelles (MICC). After reviewing the file, an MICC officer will contact the employer to arrange a meeting, the purpose of which is to establish a plan of action to prove workforce scarcity in the field relating to the job being offered.

Once approved, the Immigration-Québec office overseas serving the foreign worker’s territory will send the worker the information needed to apply for a CSQ. The foreign worker will be assessed based on selection criteria directly related to her and her qualifications. If granted a CSQ, the foreign worker must then submit an application for permanent residence to a Canadian embassy. Fees are charged by CIC at this step, and the foreign worker will be required to undergo a medical examination.

New Brunswick

Criteria include a permanent, full-time job offer from an established New Brunswick company that meets provincial employment standards and offers comparable pay rates.

In most cases, employers must demonstrate they are having difficulty finding these skills in the local job market.

Applicants to the New Brunswick PNP must make a commitment to settle permanently in the province and are required to sign a declaration stating the intention to live and work there. Provincial nominees who pass the medical and security requirements at the federal government level are likely to see their application for immigration to Canada expedited.

Applicants must obtain a minimum of 50 points in the “self assessment form.” Greater consideration will be given to applicants whose employment fills a skill shortage. Applicants will only be considered when they have a guaranteed job offer from a New Brunswick employer for work in the province.

It takes four to six months to process an application provincially and nine to 12 months federally.

Prince Edward Island

There are four Prince Edward Island PNP categories:

•professional and skilled worker, for applicants with specialized skills and experience that may fill labour market gaps;

•immigrant entrepreneur, for applicants who propose to establish a viable, new business;

•immigrant partner, for applicants who propose to make an investment in an existing P.E.I. company and to take an active role in that company as a director or as a senior manager; and

•immigrant connections, for applicants suggested by a P.E.I.-based “champion” who meets settlement and employability criteria.

An applicant under the skilled worker category must have a score in the vicinity of 50 on the “self assessment form”; education and training consistent with the position offered; a bona fide offer of employment from a local employer at prevailing market rates and in the applicant’s field of study or experience. The employer must be able to prove it has been unable to fill the position after advertising provincially and nationally.

Applicants must possess a moderate command of English — and French language if required for the position — as well as the intention to settle in P.E.I.

Employers that can prove they have not had success filling a position may request a labour market opinion (LMO) from Service Canada to confirm a skill shortage. Where the LMO is positive, Service Canada will write to CIC; the employer issues a letter of offer and the applicant applies for a work permit to the closest Canadian embassy or consulate, with a copy of the job offer attached.

There is a $250 fee for applications under the skilled worker category.

According to Phil Muise, director of immigration services in P.E.I., office staff have been working with Service Canada to develop a “jobs under stress” list. Once finalized and available, employers looking for workers in the listed occupations won’t have to advertise jobs for as long as before.

Nova Scotia

The Nova Scotia Nominee Program (NSNP) does not have a specific occupation or skill shortage list. However, the NSNP will only consider certain types of jobs and occupations to approve for nomination. Applications are assessed on a case-by-case basis. Provincial priorities may change as skill shortages are identified or met by permanent residents or Canadian citizens.

Priority will be given to skilled workers whose employers have made a genuine effort to recruit Canadian citizens or permanent residents who have the skills necessary for the position; can demonstrate that they will provide additional supports to assist newcomers with their settlement needs; and have an acceptable strategy to recruit and retain immigrant workers in Nova Scotia.

To be eligible to apply to this category, the skilled worker must have legal status in his country of residence; wish to settle permanently in Nova Scotia; have sufficient settlement supports; have a permanent, full-time job offer in Nova Scotia from an established Nova Scotia business; have the qualifications, training or transferable skills, work experience, and licensing or accreditation required for the job or a suitable plan to obtain them; and meet the minimum criteria for age, education, work experience, and language ability requirements for this stream.

The job offer must have compensation in the form of a salary and benefits package that meets provincial employment standards and prevailing wage rates. Priority will be awarded to positions with a minimum salary in excess of $10 an hour or a minimum annual wage in excess of $20,000.

Newfoundland and Labrador

The Newfoundland and Labrador PNP seeks to recruit immigrants who have specialized occupational or entrepreneurial skills. Nominees must settle in Newfoundland and Labrador and have sufficient ability to communicate in either English or French. The three categories of the provincial nominee program are: occupational or skilled worker; immigrant entrepreneur; and immigrant partner.

Under the occupational or skilled worker category, candidates will be required to have a bona fide offer of paid employment, at prevailing market rates, from a Newfoundland and Labrador employer. The applicant may also be required to visit Newfoundland and Labrador for a pre-employment interview with the employer and the Department of Innovation, Trade and Rural Development. Applicants who are already in the province on a work permit may also be required to attend an interview with the Department of Innovation, Trade and Rural Development prior to submitting an application.

The skilled worker will also be required to meet with department officials within 14 days after landing.

The applicant’s permanent job or job offer should fall within the strategic sector list, which is updated regularly.

The onus is on the employer to ensure the applicant’s skills could not have been met locally or that the position was extremely difficult to fill, and that the skills have a critical impact on the local employer’s operating ability.

Applicants currently working in the province on a work permit will be required to have been in the province for a six month period prior to submitting a provincial nominee application.

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