Does Provincial Nomination Guarantee Permanent Residence - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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Does Provincial Nomination Guarantee Permanent Residence

Does Provincial Nomination Guarantee Permanent Residence

What is Provincial Nominee Program and it Guarantee Permanent Residency?

If you like to immigrate to Canada for permanent residency the Provincial Nominee Program (PNP) might be right for you! The Provincial Nominee Program allows provinces the option to nominate individuals who like to immigrate to Canada and interested in settling in a particular province. This program is designed to select individuals who can contribute to the economic development of Canada.

A Provincial Nomination does not guarantee Permanent Residence. There are statutory requirements that an individual must meet in regards to health, security, and authenticity of documents before CIC will approve the Permanent Resident status.

Eligibility:

  • Language Test
    • for a semi or low-skilled job, or;
    • under Express entry for:
      • Managerial job
      • Professional job
      • Technical job and skilled trade
    • this will test your ability to listen, speak, read, and write in English or French
    • the minimum standard depends on each province or territory
    • other eligibility standards vary depending on the province

There are two steps when applying:

Step 1:

  • apply to the province or territory you wish to live in
  • your application will be reviewed based on: its immigration needs, and if you really plan to live there

Step 2:

  • if a province nominates you, you can apply to CIC for Permanent Residence
  • your application will be assessed by a CIC officer
  • you will have to pass a medical exam
  • you will have to obtain a recent police check

What criteria do most provinces look for in their nominees?

Every province is unique, so it may be possible that each individual province that is part of the Provincial Nomination Program require different criteria from the Nominees.

Most of the Provinces are looking for you to be able to contribute to their economic growth as well as for you to be willing to settle within their Province. Any specific provinces criteria can change without any notice given to you, so you are encouraged to check frequently and be aware of these changes.

How does the application work?

Well, you are going to apply to this specific program in 2 stages. They are:

Stage 1:

You must apply to the specific province in which you want to live. Your application to that province will then be looked at based on 2 things:

  1. Their immigration needs at that current moment in time
  2. Whether or not you are really planning to live in that province like you say you are. This part will require research on that specific provinces part

Stage 2:

After you are nominated by a specific province or territory you will then be required to apply to Canada for Permanent Residence. Your application will be reviewed based on the requirements and rules of Canada. Included in this step of the process you will be required to obtain and pass a medical examination as well as a police check/certificate. This is required for anyone that is coming into Canada, no matter on where you are planning or wanting to live once you are inside.

Is there anything that can help you when applying?

On top of everything that is required of you within the Provincial Nomination Program, most provinces will take into consideration the following information when making their decisions:

  • A job offer- They will look at whether or not you have obtained a valid job offer from within their province
  • Education- They are going to look at if you have the required education that you may need in order to benefit their province as well as become successful once you immigrate there if you are nominated
  • Work experience in critical industries- The province is going to look and see if any of your work experience is within a critical industries that is in demand for them
  • Close relatives- It will be checked to see if you have any close relatives that are currently living in the specific province
  • Ability to adapt to life in the specific province
  • Lastly, of course each province wants to make sure that anyone that they nominate will have the ability to adapt to their province and be successful

Everything that is listed above may not be all that is looked at or what your application is based on. It is all subject to change and it is your responsibility to keep up to date with it all.

Nova Scotia’s Provincial Nominee Program

The Nova Scotia Provincial Nominee Program has the Regional Labour Market Demand Stream. As a result you are not required to have previous job experience in the province and a job offer from an employer in Canada. One of the most basic requirements is if your job falls under the Nova Scotia Provincial Nominee Program.

It is divided into three main categories and they are:

Skilled Worker:

  • Considered to be either NOC A, B, or O. These are high skilled workers. Workers that are NOC C are semi-skilled and NOC D are low skilled workers

Family Business Worker:

  • The relationships that would count under this category are your child, sibling, niece or nephew, uncle or aunt, and grandchild.

Community Identified:

  • Those who have strong ties to the community

It will assess your:

  • Age
  • Education
  • Finances
  • Language proficiency (English or French)
  • Work experience

British Columbia’s Provincial Nominee Program

The British Columbia Provincial Nominee Program (BC PNP) allows you to work in British Columbia and gain permanent residency.

To apply, you will first apply to the provincial nominee program (of B.C.). They will assess candidates and nominate candidates for the PNP. Once you are approved, you will receive a nomination certificate and you will move on the next step of this process.

Within six months of receiving the certificate, you will apply to the CIC for a permanent resident visa along with any other dependants. The CIC will make a final decision and issues the successful nominees permanent residency. But first you will need to make sure that you and your dependents are not inadmissible (i.e. not criminally, medically be admissible and not pose a risk to Canadian society).

If you or any of your dependents are inadmissible, you will need to take the necessary steps to clear the inadmissibility (i.e. take criminal rehabilitation for a criminal inadmissibility).

Once approved, the CIC will issue you your permanent resident visa. Their decision is the final decision to be made on your application. If you are approved by your provincial nominee program, it does not guarantee acceptance for the British Columbia Provincial Nominee Program as the CIC can choose to not give you permanent residency.

There are two different streams you can apply through the BC PNP and they are:

  1. Strategic Occupations or skilled occupations
  2. Business Immigration (The Entrepreneurship, The Strategic Property or Regional Entrepreneur Category)

The most common type of stream that workers use is the strategic occupations. The purpose of this stream is to nominate individuals with the skills, experience, and qualifications needed by employers in B.C.

A requirement for this stream is you will need a valid, job offer from an employer in British Columbia.

The entrepreneurship category allows you to open up, purchase and expand a business in British Columbia. Similarly the Regional entrepreneurship category allows you to do this except the business must be outside of Vancouver and Abbotsford. The strategic property category is for companies who are interested in setting up a B.C. operation anywhere in the province.

An advantage the BC PNP has over other Provincial Nominee Programs is that its processing times are much quicker. As a result, this attracts more skilled and professional workers to B.C.

Summary:

In conclusion, a Provincial Nomination is something that can greatly improve your application for Permanent Residency. It can speed up the processing times and can be a great advantage.

However, a Provincial Nomination certificate is not a Permanent Resident visa. After obtaining a Provincial Nomination certificate, an individual can apply for Permanent Residency and submit the Provincial Nomination along with the application and be given quicker processing times.

This process may be a bit confusing and can take longer than necessary if you do not do it properly. It is recommended that an individual looking to apply for PNP and then Permanent Residency hire an immigration law firm to help them do so. A successful immigration law firm such as Akrami & Associates can be the difference between approval and denial. As well as, the difference between long, stressful waiting times or short and stress-free waiting times.

Can you obtain the assistance of an Immigration Representative?

Absolutely, although it is not required to do so, it will never hurt you nor would it be a bad idea. Immigration representatives are skilled individuals whom have experience with the processes involved and are always willing to lend a hand.

Our representatives have the experience that is needed to assist you within the Provincial Nomination Program process, and are more than willing to do what it takes for you. Please do not hesitate to contact us today!

With Akrami and Associates there is always a way!!

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