Updates & Changes Residency Status & In Work Permit Requirements…13th Mar 2020…Canada Immigration

Temporary foreign workers who have been issued an open work permit by the federal government because they are experiencing abuse or at risk of abuse in their employment situation may be eligible to apply to the Alberta Opportunity Stream (AOS). These vulnerable workers must also meet all other AOS criteria to be nominated. Updated criteria is available on the Selection criteria page.

Alberta Opportunity Stream (AOS)

Residency status and work permit requirements

At the time your application is postmarked and at the time the Alberta Immigrant Nominee Program (AINP) assesses your application, you must have a valid temporary resident status in Canada that authorizes you to work in Canada (i.e. temporary foreign worker).

Eligible applicants

At the time your application is postmarked and at the time the AINP assesses your application, you must have a valid work permit (not implied status or restoration status) for an eligible occupation. Valid work permits are based on one of the following:

• a positive Labour Market Impact Assessment (LMIA)
• a LMIA exemption for workers based on one of the following exemptions as determine by Immigration, Refugees and Citizenship Canada (IRCC):
  • international trade agreements
  • workers transferred within a company
  • International Experience Canada
  • Mobilité Francophone
  • an open work permit issued by IRCC to
    • vulnerable workers who have demonstrated they are experiencing abuse or are at risk of abuse in the context of their employment in Canada, including under the Vulnerable Workers Open Work Permit (VWOWP) exemption, or
    • the family members of a vulnerable worker under the VWOWP exemption
• a Post-Graduation Work Permit (PGWP) held by a graduate of an Alberta Advanced Education publicly funded post-secondary institution
  • PGWP holders must also meet specific occupation, education and work experience requirements as set out below.

Ineligible applicants

The following individuals cannot apply for or be nominated under the AOS:

• refugee claimants or individuals involved in a federal appeal or removal process. The AINP does not intervene in the federal refugee claim, appeal or removal process
• temporary residents living or working in a province or territory of Canada other than Alberta, or
• foreign nationals living or working in Canada who do not have valid temporary resident status

Occupation requirements

Eligible occupations

At the time your application is postmarked and at the time the AINP assesses your application, you must work in an eligible occupation in Alberta. Occupation requirements also apply to your work experience and job offer. You must review the Work Experience criteria and Eligible Job Offer criteria sections for details.

The occupation you are working in at the time your application is postmarked to the AINP is your “current occupation.”

Most occupations under National Occupational Classification (NOC) skill levels 0, A, B, C and D are eligible under the AINP.

Ineligible occupations

Individuals working in the following occupations at the time of application and assessment are not eligible to apply for or be nominated under the Alberta Opportunity Stream:

If you are unsure whether your occupation is on this list:

• find your occupation based on your job title and job duties
• call the Immigrate to Alberta Information Service at 1-877-427-6419 or email immigration.info@gov.ab.ca

Post-Graduation Work Permit (PGWP) holders

If you are a Post-Graduation Work Permit holder your occupation must also be related to your field of study in Alberta. You must review the Education criteria section for details on eligible Alberta credentials and approved Alberta institutions.

• If you started attending your Alberta credential program on or after April 1, 2019 and you have completed an Advanced Education-approved one year post-diploma certificate or post-baccalaureate certificate, your occupation must also be related to your previous post-secondary field of study outside Canada.

In addition to occupations on the list above, Post-Graduation Work Permit holders are not eligible to apply to the Alberta Opportunity Stream if their occupation is on the Government of Canada’s list of high-wage and low-wage occupations in the province of Alberta. These occupations are not in demand in Alberta and can be filled by Albertans and Canadians.

Language requirements

Language requirements changed for some applicants as of January 1, 2020. For information about this planned change in language requirements, read the AOS planned changes section.

If your application is postmarked on or after January 1, 2020 you must demonstrate you meet the following language test score in English or French:

If you apply to the AINP under NOC code 3413 (Nurse aides, orderlies and patient service associates), the AINP requires a minimum language test score of CLB of 7 for each English language skill, or NCLC of 7 for each French language skill.

You must provide your official test results with your AINP application for one of the following language tests:

• Canadian English Language Proficiency Index Program (CELPIP) General Test
• International English Language Testing System (IELTS) General Training Test
• Test d’évaluation de français (TEF)
• Test de connaissance du français (TCF)

Official test results must be less than 2 years old at the time your application was postmarked. The AINP will not accept confirmation of registration to take a language test in place of a test result.

Check the federal guideline on CLB/NCLC equivalency for each of the tests.

Candidates whose applications were postmarked on or before December 31, 2019 were required to meet a minimum of CLB 4 for each English or French language skill at the time of application, with exception of NOC 3413 applicants who required CLB 7 for each English or French language skill.

Education requirements

Eligible applicants

At the time your application is postmarked you must have completed a minimum of high school education in your country of origin.

Starting January 1, 2021, all candidates except Post-Graduation Work Permit holders must have completed a minimum of high school equivalent to Alberta standards.

Read more about AOS planned changes.

Post-Graduation Work Permit (PGWP) holders

Post-Graduation Work Permit holders must meet the following additional education requirements.

Approved Alberta institution

Your credential must be issued by an Alberta Advanced Education publicly funded post-secondary institution.

Eligible Alberta credential

If you started attending your Alberta credential program before April 1, 2019, your credential must be one of the following Alberta Advanced Education approved credentials:

• certificate or post-diploma certificate or post-baccalaureate certificate (minimum one year in length)
• diploma program (minimum 2 years in length)
• undergraduate bachelor’s degree
• graduate level degree
• graduate level certificate
• graduate level diploma

If you started attending your Alberta credential program on or after April 1, 2019, your credential must be one of the following Alberta Advanced Education approved credentials:

• post-diploma certificate or post-baccalaureate certificate (minimum one year in length)
• diploma program (minimum 2 years in length)
• undergraduate bachelor’s degree
• graduate level degree
• graduate level certificate
• graduate level diploma

Work experience requirements

Your “current occupation” is the occupation you are working in at the time your application is postmarked to the AINP.

Your current occupation must also match your work experience at the time your application is postmarked and at the time the AINP assesses your application.

Qualifying work experience

At the time your application is postmarked you must have either:

• a minimum of 12 months full-time work experience in your current occupation in Alberta within the last 18 months; or
• a minimum of 24 months of full-time work experience in your current occupation in Canada and/or abroad within the last 30 months
  • This work experience can be a combination of experience gained in Alberta, in Canada (outside Alberta) and/or abroad.

Post-Graduation Work Permit holders require a minimum of 6 months full-time work experience in your current occupation in Alberta within the last 18 months.

For all applicants, including Post-Graduation Work Permit holders, work experience in the qualifying period:

• must have been full-time, for a minimum of 30 hours a week
• must be for the same occupation as your current occupation
• must have been authorized by Immigration, Refugees and Citizenship Canada and with valid temporary resident status if completed in Alberta or Canada
• cannot have been gained while studying in Canada and doing co-op work placements or internships as part of a study program, unless you are a Post-Graduation Work Permit holder who completed during paid co-op work terms as a part of your program of study at an Alberta post-secondary institution.
  To qualify, the work terms must have been:
  • paid and full-time (minimum 30 hours per week)
  • for work experience directly related to your current occupation, and
  • for work experience all gained in Alberta

All applicants, including Post-Graduation Work Permit holders, must meet the following licensing, registration and certification requirements:

• You must have the required licensing, registration or certification to work in your current occupation in Alberta at the time your application is postmarked and at the time the AINP assesses your application for nomination.
• If you are working in a compulsory trade in Alberta you must have a valid Alberta Apprenticeship and Industry Trade (AIT) recognized trade certificate.
• If you are working as childcare worker, you must have valid certification as a child development worker (formerly Level 2) or child development supervisor (formerly Level 3).

Eligible job offers

For all applicants, including Post-Graduation Work Permit holders, at the time your application is postmarked and at the time the AINP assesses your application for nomination, you must have a bona fide full-time job offer or employment contract from an Alberta employer to work in your current occupation in Alberta.

Your Alberta employer must be incorporated or registered by or under an act of the legislature of a province, territory, or the Parliament of Canada and operating as a business that has an established production capability, plant or place of business in Alberta.

Your job offer or employment contract must be signed by you and your Alberta employer and must offer:

• continuous, paid work
• full-time work, defined as a minimum of 30 hours/week
• employment for 12 months or more
• work in your current occupation
• wages and benefits that meet provincial minimum wage and:
  • meet or exceed the requirements set out in your LMIA, or
  • if you are LMIA exempt, meet or exceed the lowest starting wage for your occupation across all industries in Alberta as set out on the Alis website
• work for an eligible AINP occupation for which you have a work permit that meets AINP work permit requirements

You must meet the terms agreed to in your job offer or employment contract at the time of application and assessment.

Ineligible applicants based on job offer

The following individuals are not eligible to apply for or be nominated under the Alberta Opportunity Stream, even if they have a job offer to work 30 hours a week or more in a 12-month period:

• part-time, casual or seasonal employees, regardless of their working hours
• independent contractors, business owners or temporary agency workers, including individuals listed as Directors, Shareholders or Agents of the Alberta employer on the Corporate Registry System (CORES)
• employees who work in Alberta in a place of employment that is not zoned for commercial or industrial operations, such as a home-based business
• employees who do not work on premises in Alberta, such as those who work in a “virtual” location or serve the employer by telecommuting from a location outside Alberta

AOS planned changes (2018 to 2021)

There are planned increases to election criteria for language and education between 2020 and 2021.

The following table contains information on what is expected to change and when it is expected to change. Changes to selection criteria may happen without notice at any time. These changes will be communicated by the AINP. The summary of changes below is for information only and will not be used to assess applications.

Alberta Express Entry Stream

The Alberta Express Entry Stream allows Alberta to nominate a limited number of qualified candidates from Immigration, Refugees and Citizenship Canada’s Express Entry system.

Candidates who have demonstrated strong ties to Alberta or who can help support the government’s economic development and diversification priorities may be asked to submit an application.

International graduates from Canadian post-secondary institutions may also be asked to submit an application under this stream.

Only candidates who are asked to submit an application to the Alberta Express Entry Stream will be considered.

Selection from Express Entry pool and Notification of Interest process

Based on available profile information in the Express Entry portal, Alberta may select candidates and send them a Notification of Interest letter in their federal Express Entry profile. This information is self-declared by candidates in the Express Entry pool.

You may receive a Notification of Interest letter if you:

• Have an active Express Entry profile in the federal Express Entry pool
• Have stated an interest in immigrating permanently to Alberta
• Are working in an occupation that supports Alberta’s economic development and diversification, and
• Have a minimum Comprehensive Ranking System score of 300.

If you have one or more of the following adaptability factors, this may increase your likelihood of receiving a Notification of Interest letter:

• Alberta job offer and/or work experience
• A graduate of a Canadian post-secondary institution
• A relative that is living in Alberta: parent, child, brother and/or sister

If you meet one or more of the following factors, this may decrease your likelihood of receiving a Notification of Interest letter:

• Your Express Entry profile expires in 3 months or less
• You are working in an occupation:
  • on the list of High-wage and low-wage occupations in the province of Alberta set out on the online Government of Canada Refusal to Process a Labour Market Impact Assessment list
  • on the Alberta Opportunity Stream Ineligible Occupations list, located on this page under the Alberta Opportunity Stream section
  • that has a high volume of submissions across all AINP streams

If you receive a Notification of Interest letter from Alberta, you must email a copy of the letter to the AINP at albertaexpressentry@gov.ab.ca within two weeks of receiving it in your federal Express Entry profile. You must also provide your Express Entry profile number and status information about current and past AINP applications/nominations (if applicable).

The AINP will confirm your information and may send you an email requesting you to submit an application, including a form to fill out and a document checklist listing all required documents. There is no fee to submit an application.

Selection draws

Information on Alberta Express Entry Stream selection draws from the federal Express Entry pool is available on the AINP – Processing and inventory page.

Alberta Express Entry Stream assessment criteria

If you have received a request from AINP to submit an application to the Alberta Express Entry Stream, you must determine if you meet the assessment criteria before you submit an application.  You may only submit an application if you can demonstrate you meet the following criteria.

You will be assessed against this criteria at the time your package is postmarked and at the time your application is assessed.

To be considered for nomination you must:

• Have an active Express Entry profile in the federal Express Entry pool
• Meet the criteria of at least one of the federal immigration programs: Canadian Experience Class, Federal Skilled Trades Program or Federal Skilled Worker Program
• Intend to and be able to live and work in Alberta
• Be working in an occupation that supports Alberta’s economic development and diversification
• Have a minimum Comprehensive Ranking System score of 300.

If you have one or more of the following adaptability factors, this may increase your likelihood of being nominated:

• Valid Alberta job offer and/or work experience
• A graduate of an Alberta post-secondary institution with a valid Alberta job offer, or
• Parent, child, brother and/or sister who is a permanent resident living in Alberta, or a Canadian citizen living in Alberta.

The Alberta Express Entry Stream application form is not available online. The AINP provides these documents by email to candidates.

Your Alberta Express Entry Stream application will not be accepted for processing if:

• You have an active nomination which has not expired and/or is eligible for extension under another AINP stream. Candidates are only eligible for one AINP Nomination Certificate.

• You have been issued a letter on a previous AINP application that stated you are not eligible to re-apply to the AINP for a specified period of time. If you submit an application during the specified period, it will be declined. It is recommended you keep your Express Entry profile up to date so that you remain eligible for consideration under the Alberta Express Entry Stream in the future.

Self-Employed Farmer Stream

Requirements

Applicants to the Self-Employed Farmer stream must meet the following criteria. Meeting this criteria does not guarantee a nomination or permanent residence.

Farm management skills

Applicants must prove that they have farm management skills.

Proof of this may include, but is not limited to:

• financial documentation of an existing farm business
• documentation of education, training and work experience
• a proposed business plan for the farming enterprise you are considering in Alberta
• proof that a Canadian financial institution is willing to finance your proposed farming business

Sufficient financial resources

Applicants must be able to invest a minimum of CDN $500,000 of equity in a primary production farming business in Alberta.

Documents must be provided that show a minimum net worth of CDN $500,000 or confirmation of the ability to access to a similar amount of funds from other sources.

Applicants may be required to show the ability to invest more than the minimum.

Primary production investment

Applicants must document their investment plans in a proposed business plan.

Applications representing the best opportunity for growth relevant to Alberta’s agri-food targets will be given priority.

Eligibility

The following individuals are not eligible under the AINP Self-Employed Farmer Stream:

• refugee claimants, or individuals involved in a federal appeal or removal process. It is not the mandate of the AINP to intervene in the federal refugee claim, appeal or removal process.
• live-in caregivers currently living in Canada
• temporary foreign workers working and residing in a province other than Alberta
• international students studying in Canada, including students doing co-op work placements or internships as part of their study program

Contact

To connect with Alberta Agriculture and Forestry about the AINP Self-Employed Farmer Stream:

Email: farm.ainp@gov.ab.ca

Request reconsideration of a decision

You may submit a request for reconsideration on the decision of your AINP application only if you meet the following criteria.

A request for reconsideration must:

• be directly related to the reason(s) stated in the decision letter
• demonstrate that an error was made in applying program criteria to the application
• be submitted by:
  • the applicant named on the decision letter
  • a representative of the applicant, or
  • a supporting Alberta employer (Employer-Driven Stream only)
• be submitted within 30 calendar days of the date the decision letter was issued

A request for reconsideration cannot be used:

• to ask for an exemption or exception to program criteria
• as an opportunity to submit new evidence or re-state the evidence submitted in the application
• if unsatisfied with the final decision or a component of the final decision
• to request Humanitarian and Compassionate consideration

How to submit a request for reconsideration

Complete the Request for Reconsideration form (PDF, 114 KB) and email it to LBR.PNPLogistics@gov.ab.ca.

After you submit a request for reconsideration

An automated email will be sent acknowledging receipt of the request.

A response will be issued within 30 calendar days of the date the request was received.

The form will be reviewed and an email will be sent notifying you if the request meets the conditions required for a review on the decision of your application.

If the request meets the conditions required, an officer who was not involved in the original decision will conduct a review of the decision on your application.

If you do not meet the conditions listed above to request reconsideration, you may wish to review the AINP website for information and updates to AINP criteria, to determine if you meet all eligibility criteria to re-apply.

Source: https://www.alberta.ca/ainp.aspx?utm_source=redirector

https://www.alberta.ca/ainp-selection-criteria.aspx