5:1 INTRODUCTION

In Chapters 3 and 4 we discussed the process of immigrating to Canada by applying directly to the federal immigration authorities. Obtaining permanent residence under a Provincial Nominee Program (PNP) is a two-step process. Initially, an application has to be made to the provincial/territorial immigration authorities. If your skill is needed in that province/territory, and the other requirements specific to their PNP are met, you will be nominated and issued a Nomination Certificate (NC). With such a certificate you can then move to the second stage of the process, which is applying for permanent residence to the federal immigration authorities. It is important to note that being nominated under a PNP is not a guarantee that you will receive a permanent resident visa(though certainly it virtually always will lead to such a visa). Citizenship and Immigration Canada (CIC) may still assess the matter based on the relevant provincial-federal agreement1. Before you are

issued an immigration visa you will have to meet all federal statutory requirements, including but not limited to health, criminal and security checks.

It is important to note that each PNP has a particular set of eligibility criteria. The programs are also structured differently, some having more than one category of admission. For example, the province of Alberta accepts candidates only under the Skilled Worker category; on the other hand, Prince Edward Island has a Skilled Worker category, as well as an Immigrant Entrepreneurs one.

There are, however, a number of elements that all PNPs have in common.

5:1.1 PNP common elements

The first and most important common element of all PNPs is that if you obtain permanent residence through one province’s program, upon coming to Canada you are expected to establish yourself in that province. In some cases you will actually be required to sign an undertaking that you will reside in that province.

Second, each province can only accept a limited number of people each year under its individual PNP. Therefore, even if you meet the requirements, you may not be nominated if the province has reached the maximum number of candidates for that year.

5:1.1.a Common elements relating to the skilled worker category

If you apply under the Skilled Worker category of a PNP, the application process will involve a specific employer making you an offer of employment. The provincial authorities will assess the employer and the position the employer wishes to make available to foreign workers by looking at whether:

• the offer is for permanent full-time employment;
• the position meets provincial employment and wage standards;
• the position is in conflict with existing collective bargaining agreements.

If the employer is approved under the PNP, the employer can then recruit a foreign worker. An applicant to whom an offer of employment has been made can apply to the province for nomination. Their application will be assessed on the basis of:

• related work experience;
• whether the individual meets the qualifications as required by the employer and recognised by industry standards/associations;
• the applicant’s ability to settle in the province.

Due to the scope of this book, this chapter will not cover all the existing PNPs, but rather highlight some of the more active ones, specifically the Alberta, British Columbia and Manitoba PNPs. A list of all PNP contact information is provided at the end of this chapter. The basic requirements for PNPs are shown in Figure 5.