Skilled workers are assessed based on a points system. Points are assigned
to applicants points for their education, English and/or French language
ability, employment experience, age, arranged employment in Canada, and
adaptability in Canada. An applicant must have a minimum of one year of
work experience within the past 10 years in a management occupation or in
a “high skilled” occupation which normally requires university,
college or technical training. An applicant must have funds available that
are sufficient for settlement, as well as meet all medical and security
clearances. Presently, the “pass mark” is sixty-seven (67) points.
The current pass mark is 67 points. Should an applicant receive a score
which is slightly less than the pass mark, discretionary points may be awarded
by the reviewing visa officer if it can be shown that they have the ability
to successfully economically establish himself/herself in Canada.
Arranged Employment
A skilled worker application can be supported by an HRSDC confirmed Arranged Employment which is applied for by the prospective employer in Canada and gives an applicant an additional 15 points on their skilled worker score. Assessment of the Arranged Employment by HRSDC is based upon whether the job offer is genuine, whether the wages are consistent with the prevailing wage rate and the working conditions meet generally accepted Canadian standards, and that the position offered is a permanent full-time position.
A Canadian citizen or permanent resident of Canada may sponsor their spouse,
common-law partner or conjugal partner who is a foreign national.
Other family members that may be sponsored include:
Family class applications are a two-step process. The first step assesses the sponsor’s eligibility to sponsor his/her family member; once the sponsorship is approved, the family member’s permanent residence application is assessed at a Canadian visa post overseas that serves their country of legal residence or citizenship.
In some circumstances, sponsored applications for permanent residence may also be made for spouses or common-law partners and their dependent children are in Canada.
Entrepreneurs
An entrepreneurial applicant is an immigrant who will own and manage a business in Canada that creates an employment opportunity for Canadian citizens or permanent residents. To be eligible for immigration as an entrepreneur, an applicant must have past managerial experience based upon specifically delineated criteria for two years out of the five prior to filing the application, have a net worth of at least CAD$300,000.00 and intend to manage and control a business and create a job for a Canadian for a period of one out of three years following landing in Canada.
Federal Investors
Investor applicants are required to invest CAD$400,000.00 in a designated provincial or territorial fund in Canada. The full amount of the investment is guaranteed repaid in approximately 5 years time, but without interest. To qualify as an investor, the applicant must have a legally obtained net worth of CAD$800,000.00 and have past managerial experience, in addition to have controlled a percentage of equity in a controlling business for two years in the five year period preceding the date of the application.
Self-Employed
To make application as a self-employed permanent resident, the applicant must have at least two years of experience in the five years before the date of application. The experience must have involve cultural activities or athletics, participating in cultural activities or athletics at a world class level or farm management experience. A self-employed applicant must have the intention and ability to be self-employed in Canada and to make significant contributions to cultural activities or athletics or by purchasing and managing a farm.
Similar to the program administered by the Federal government, the provincial programs select qualified skilled workers and business people on the basis of selection criteria and procedures based on factors that reflect the immigrant's genuine intent to live in the province, and ability to integrate and successfully settle in the province. Selection is based on a combination of factors including age, education, guaranteed employment, official language ability, occupational demand, work experience, family in Canada, and adaptability, which includes time spent working, studying or visiting the province.
Given that the Federal process may take years to process at some visa posts, PNP’s are desirable as most applications are processed within one year.
The following is a brief description some PNPs that are currently in place. Please contact our office for further information or information on another provincial program not listed.
Nova Scotia (NSNP)
The NSNP Economic Stream is aimed to attract experienced managers and business owners with at least two years of management experience and a net worth of at least $300,000 to the province. Applicants are required to make a one time economic contribution of $128,800. Upon visa issuance, the nominee agrees to work for six months at a designated Nova Scotia business and they get $20,000 back. This program provides a practical alternative to the Federal Investor and Entrepreneur programs which can take years to years to finalize.
The NSNP Skilled Worker Stream was implemented to fill areas in which skill shortages exist. Applicants in this program require a guaranteed job offer from an employer in Nova Scotia.
Saskatchewan (SINP)
The Saskatchewan PNP was recently revised on January 19, 2005 to expand its opportunities for employers to bring in more skilled workers to Saskatchewan. Rather than a designated skill shortage list of 12 occupations, the program has changed to include skilled workers or professionals; those in management positions; or those who have worked in Saskatchewan for a minimum of six months on a temporary work permit.
British Columbia (BC PNP)
Strategic Occupations is for skilled individuals who have a guaranteed job offer. The BCPNP has identified certain sectors as high priorities, specifically "skilled workers", registered nurses, and international students. Applications are made by the prospective employer, and not by the individual applicant.
The BC PNP Business program has three categories: business skills; projects and regional business, all of which were developed to provide British Columbia with a mechanism to increase economic benefits to the province.
Manitoba
Manitoba's PNP has been very successful and is based on six different streams, rather than the usual two or three, which reflects that there can be different combinations of factors that indicate an immigrant's ability to establish themselves in the province.
Please contact Sikand Law for more information on the above programs or programs from one of the following provinces: Alberta; Newfoundland and Labrador; Prince Edward Island; New Brunswick; The Yukon.
The province issues the applicant a Provincial Nominee Certificate after an applicant has been nominated under the program. A potential immigrant who is nominated by the province then applies for a Permanent Resident Visa at a visa post outside of Canada. The application is then finalized by Citizenship and Immigration Canada, which retains the authority to make the final decision with regards to the normal security checks, as well as criminal and medical checks for applicants who were granted the Certificates.
