2015-04-24
Citizenship and Immigration Canada
Citizenship and Immigration Canada
On January 1, 2015, Citizenship and Immigration Canada (CIC) initiated Express Entry for provincial nominees to submit their permanent residence applications. The Alberta Immigrant Nominee Program (AINP) has become an important source of economic immigrants for the province over the past few years. There have been a large number of applications to the AINP; however, the province is limited in the number of nominations it can grant in a year. Many of the individuals with applications in the queue may be impacted by the four-year cumulative duration limit under paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations (IRPR). These are individuals who are potentially excellent candidates for the AINP, and a disruption in their employment in Alberta would negatively affect their chances of successfully obtaining a nomination certificate or seeking new employment upon their return as permanent residents. This could in turn have negative short- and long-term economic consequences for Alberta and Canada. For these reasons, it would be beneficial to both Alberta and Canada to allow foreign workers who are authorized to work under the International Mobility Program and whom the province intends to nominate for permanent residence to continue working in Alberta while their applications for a nomination certificate and subsequent applications for permanent residence are assessed.
For these reasons, select individuals whom Alberta intends to nominate for permanent residence may be eligible for a one-time work permit that is valid for one year and exempt from a Labour Market Impact Assessment (LMIA) under paragraph R205(a). An exception to the four-year cumulative duration limit under subparagraph R200(3)(g)(ii) applies to foreign nationals in this group.
AINP pre-nomination initiative work permit: eligibility parameters
To be eligible for a pre-nomination initiative work permit, an applicant should meet the following criteria:
have applied to the Alberta Immigrant Nominee Program before July 1, 2014;
be in Canada and have a valid work permit that expires in the 2015 calendar year;
have applied for an “initiative” work permit for work in Alberta with the same employer;
have a letter to CIC, provided by the Province of Alberta, indicating that Alberta intends to nominate the applicant;
have created an Express Entry profile if their work experience is identified in the National Occupational Classification (NOC) Skill level “B”, which demonstrates their desire for permanent residence.
Foreign nationals are not considered to fall under this initiative if they
have not applied to the AINP before July 1, 2014;
have let their status expire and must apply for restoration in order to return to temporary resident status;
are applying at a port of entry or visa office.
Issuing the work permit
CIC officers/processors should code the work permit with the following:
LMIA exemption code: A-75 R205(a) – (Canadian Interests)
Special program code: ATO
Case Type: 20 Worker, NES (not elsewhere specified)
Employer name and occupation: as per the Offer of Employment form [IMM 5802 (PDF, 1.18 MB)]
Employment location (mandatory):
Province of destination: AB
City of destination: As per the IMM 5802 form, or Alberta NES, where more than one location is indicated
Visible remarks: Officer to add the remark, “AINP pre-nomination. Not eligible for renewal under this program.”
Spouse or common-law partner
Spouses or common-law partners of skilled workers coming to Canada as foreign workers may themselves be authorized to work without first having a confirmed job offer. For further information on requirements, see International Mobility Program: Public policy, competitiveness and economy.
After the principal applicant has received their nomination, a spouse or common-law partner who is accompanying the principal applicant and who is currently in Canada is entitled to apply for open work permits for the duration of the principal applicant’s work permit, irrespective of the principal applicant’s skill level.
AINP: further information
See Alberta Immigrant Nominee Program.
Low-wage cap exemption for low-wage LMIA-required positions/jobs in this initiative
This is an Employment and Social Development Canada (ESDC) initiative. For more information about these requirements, consult the Restricting Access tab of the Overhauling the Temporary Foreign Worker Program section, on ESDC’s website.
General relevance - all sectors
(Im)migrants workers, Public awareness, and Researchers
Alberta, Quebec, and Federal
French and English