Provincial Nominee Programs

Canadian provinces play an important role in the selection of new immigrants through the  Provincial Nominee Programs, which allow each province and territory to select skilled immigrants based on the province’s economic needs.

Immigrating to Canada via a provincial nomination can be an effective alternative to an Express Entry-based immigration application.  Although immigrants sometimes think of PNP as the non-Express Entry program, it is possible to be invited to apply for a provincial nomination via Express Entry.

While a PNP may be the right path for you, it’s important to know that it’s not less competitive to get permanent residency through a PNP and provincial requirements vary greatly.

Once you receive a provincial nomination certificate, the permanent residence application is processed by Immigration, Refugees and Citizenship Canada (IRCC) on the federal level. At this stage, the adjudicating officer will evaluate the applicant’s ability to become economically established in Canada as well as the intention to reside within the province/ territory that nominated them, which means that a well prepared application will play a role. IRCC may also consider your Express Entry profile in this process.

There are more than 80 different provincial economic stream programs available for students, skilled and semi-skilled workers, and entrepreneurs.

Book a consultation to discuss which one is right for you, and how an application affects the expressed or implied date of your temporary residency status.

Please note that Quebec has its own immigration system and does not fall within the realm of the PNP framework. If you are interested in immigrating to Quebec, we can refer you to a Quebec-based law firm.

A foreign national can apply for a Provincial Nomination Program in one of two ways:

1. Express Entry: Select provinces have a PNP category that is processed through the Express Entry system through nominations. Successful candidates will receive 600 additional points to their CRS score, which guarantees an invitation to apply (ITA) being received.
2. Applying directly to a specific PNP: The applicant must select the province or territory in which they intend to reside in, and review the various immigration streams available to the specific region. If they qualify for a PNP, they can submit an application directly to the province or territory for review and approval.

Express Entry Linked Provincial Nomination Programs

Under the Express Entry process, the foreign national must first submit their profile through the online Express Entry portal. In the process, the applicant will select the provinces in which they are interested. Once the profile is accepted into the pool, a CRS point score will be issued, and the profile will become active.

If the applicant meets the basic requirements for nomination, the province in question may invite the applicant to apply for a nomination under the province's Express Entry-linked stream. The selection is made by the province’s immigration officer who reviews the Express Entry pool for candidates that meet the province’s needs.

Once approval is issued, the applicant will update her Express Entry profile, indicating that a PNP nomination has been issued. A provincial nomination increases the CRS score by 600 points. This in turn guarantees that an invitation to apply will be issued (provided the applicant is in the Express Entry pool).

While one cannot base an immigration strategy on a particular province issuing such an invitation, we have had a significant number of clients who came to inquire about PNPs, explored their options, and ended up receiving an invitation to apply for Canadian permanent residency via Express Entry.

The processing time for all Express Entry-based permanent residence applications, including those submitted pursuant to a provincial nomination, is currently around six months.

Non-Express Entry PNP

Foreign nationals may submit provincial nomination applications directly to a specific Provincial Nomination Program when the application window for a particular program is open. The majority of applications for provincial nominations are submitted outside of Express Entry.

Nominations under non-EE streams often allow the applicant and their dependent(s) to obtain the proper work and study authorizations while awaiting the decision of the permanent residence application.

We have helped clients navigate the PNP stream and submit both direct and employer-driven applications. With respect to employers, it is important to note that Canada’s current immigration framework is largely driven by economic considerations, and employers have a crucial part to play in the process.

From the employer side, the process requires providing financial documents showing and confirming that the basic requirements are met. Typical documents include:

• A job offer;
• Attested financial statements for the past three years prior to application;
• Lease agreements;
• The business organizational chart, and,
• Individual T4 statements.

While the minimum criteria varies between the provinces, the basic eligibility criteria generally comes down to the ability to honour the offer of employment made to the foreign national. It is not onerous and our firm takes care of the entire process.

We have worked with a wide range of organizations, from small manufacturing shops to multinational companies, in supporting employees through provincial nominations. No matter the size of your company as long as the basic requirements are met, we are here to assist you. We take care of the entire process so that your human resources department is not overwhelmed with additional processing documents, and you, the employer, can take your part in helping to build a better Canada.

The processing times for paper-based PR applications is currently between 16 to 24 months.

Federal Processing Stage

Upon receipt of the provincial nomination certificate, the permanent residence application is processed by IRCC on the federal level. At this stage, the adjudicating officer will evaluate the applicant’s ability to become economically established in Canada as well as the intention to reside within the province/ territory that nominated them.

The officer will also assess inadmissibility at this stage. When this process is completed, the applicant will be issued a Confirmation of Permanent Residence (COPR), and if necessary, a permanent resident visa to travel to Canada. From here, the applicant is granted their permanent resident status in Canada. In other words, receiving a PNP certificate does not exempt one from the normal applications of the Immigration and Refugee Protection Act (IRPA). Criminality, medical admissibility, security checks, and eligibility must still be assessed.

There are more than 80 provincial immigration streams across Canada, focusing on various factors such as entrepreneurship, skilled experience, and international education. The general framework is similar between many of the programs across different provinces.  Intent to permanently reside in the province and ability to support themselves and their dependant(s) are the key factors considered in most of the programs.

Some programs require the applicant to have a valid job offer as well as employment experience from the province. Others are employment and/or work experience independent.

Student streams are generally divided into employer supported and independent streams for graduate degrees (Masters and PhD). The employer supported streams do not require work experience or the payment of a median prevailing wage. The streams for Master’s degree and PhD holders do not require a job offer.

Entrepreneur or business immigration streams involve a multi-stage process that generally requires the applicant to receive an invitation to apply to the province and to go through several stages of approval before a permanent residence application can be submitted. Depending on the program, the province, and the entrepreneur’s experience, a PNP may be an entrepreneur’s most efficient path to permanent residency. Please review our business immigration and entrepreneur services for more options.

Regular employer supported streams require the employer to meet basic operational and payroll criteria. The domestic recruitment requirement is waived if the applicant is currently working for a company, which means that if you are on a Labour Market Impact Assessment (LMIA) based work permit but do not have enough Express Entry points to get an invitation to apply, you should speak to your employer about supporting a provincial nomination application. This process is generally far more simple than obtaining an LMIA.

There are also streams for certain technology sector occupations, which offer priority processing and waive the recruitment requirement, as well as requirements unique to specific National Occupation Codes. Two tech pilot PNPs that we’ve found particularly useful for many of our clients are the Ontario Tech Draw and the BC PNP Tech Pilot. There are also programs that focus on in-demand occupations and allow applications for these independent of job offers.

Employer Support

While not all programs require a job offer or employer cooperation, many do. We find that not all employers fully understand the options available to them under PNPs. While some employers are initially reluctant to participate in the immigration process, once a current employee explains the process to them in simple terms, they are enthusiastic supporters of an employee’s application. We have helped students and other open work permit holders get their employer on-board by explaining and streamlining the process to them.

Confused by all the options? Don’t worry—we’re here to help. We describe some of the individual provincial programs below. To find out which program is best for you, we encourage you to book a consultation with us to discuss all of your options.

Home to Toronto, Ontario is one of the most sought after immigration destinations in Canada, known for its diversity and labour market opportunities. The Ontario Immigrant Nominee Program (OINP) is the largest in Canada. The Ontario government is constantly reaching their federal nomination allocation, demonstrating their ability and willingness to integrate permanent residents into their province.

OINP Masters Graduate Stream

The OINP Masters Graduate Stream is a popular, employer-independent stream, meaning that no job offer is required to apply. It is an immensely popular path towards Canadian permanent residency for those who have obtained a Master’s degree in Ontario.

To be considered, the applicant does not need a job offer, but must meet all of the following eight requirements:

1. Completed at least one academic year of full-time study (at least 15 hours of instruction a week, or the part-time equivalent) from an eligible university in Ontario;
2. Language tests are at a CLB 7 or higher in all areas;
3. Applicant must have legally lived in Ontario for at least one year (can be cumulative) within the last two years of application;
4. Sufficient funds for settlement for themselves and their dependent(s);
5. Demonstrate intent to live in Ontario;
6. Must be living either in Ontario with legal status, or outside of Canada at the time of application;
7. Must have legal status in Canada at the time of application; and
8. The application must be submitted within two years of completing the master’s degree.

Quotas within this stream are met quite quickly. Building an immigration pathway solely around being issued an invitation under this stream is unwise. It is important to note that many applicants under this category will also have sufficient points to apply under Express Entry, as they will receive 135 points (without spouse) or 126 points (with spouse) with an additional 15 points for their post-secondary education in Canada. Most candidates under the OINP Masters Graduate stream see that their CRS score is close to 470 points, which often meets the cutoff under the federal Express Entry program. The most recent cut-off scores can be found here.

OINP PhD Stream

The PhD Graduate Stream gives international graduates with an Ontario PhD degree the opportunity to apply to permanently live and work in Ontario, and does not necessarily require a job offer.

To be eligible, applicants:

• Must have completed the requirements necessary to obtain a PhD degree from an eligible university in Ontario;
• Must have completed at least two years of those PhD studies while legally living and studying in Ontario;
• Must not have received a bursary, grant or scholarship that requires them to return to their home country after earning their PhD degree (however, applicants may apply under this stream once they have fulfilled those commitments and can demonstrate an intention to live in Ontario);
• Must have legally lived in Ontario for at least one year in the past two years before application (the one year of residency can be cumulative);
• Must have enough money to support themselves and any dependent family members when they settle in Canada;
• Must intend to live and work in Ontario after permanent residency is granted; and,
• Must submit the application within two years of completing the requirements necessary to obtain the PhD degree.

Applicants under this stream also must have legal status, such as a visitor record, study permit, or work permit, at time of the application and must maintain that status until the time of nomination.

Note: You may apply if you are in ‘implied status’ at the time of your OINP application submission. ‘Implied status’ means that you submitted an application to Immigration, Refugees and Citizenship Canada (IRCC) to renew/extend your temporary status document (a visitor record, work permit, study permit) before its expiry date. You can remain in Canada and continue to work or study under the same conditions as your existing permit until a decision is made on your pending IRCC application.

Applicants may show financial ability to support their residency in Canada through one or a combination of any of the following:

• Funds as demonstrated by the balance listed in bank statements, or statements of accounts showing other investments such as non-locked in, fixed term deposits, mutual funds, etc.;
• Annual earnings from ongoing employment in Ontario; and/or
• A job offer in Ontario.

OINP Employer Job Offer: International Students

The International Student Stream allows international students with a job offer in a NOC 0, A, or B position the opportunity to apply for permanent residence. This stream is also a highly sought-after stream as it allows those with any post-secondary degree with a job offer in Canada a chance at permanent residency. The job offer in question does not need to be supported by an LMIA or recruitment efforts.

There is no employment experience requirement and the wage offered must only meet the low range of the median wage for the NOC in the respective region.  The stream is open to international students who have received education credentials from any recognized Canadian institution, both inside and outside of Canada.

The job offer must meet these requirements:

• The position must be full-time and permanent (minimum of 1,560 hours a year, equivalent to a minimum of 30 hours a week);
• In a NOC 0, A, or B position;
• The hourly wage must meet or be higher than the low wage level for the position;
• The position must be necessary to the employer’s business; and,
• The work must be done primarily in Ontario.

The applicant must meet the following requirements:

Have received a two-year degree or diploma OR a one-year degree or diploma that requires a completed degree as an admission requirement from a recognized Canadian institution;

• Intends to live in Ontario;
• Has legal status in Canada;
• The application must be submitted within two-years of completing their degree, diploma, or certificate; and, if applicable,
• The applicant must have a valid license or authorization to perform the job.

The employer must meet the standard OINP requirements:

• Have been in business for at least three years prior to submission, have a business premise in Ontario, and have no outstanding orders under the Ontario Employment Standards Act, 2000 or the Occupation Health and Safety Act;
• Meet minimum revenue requirements (minimum $1,000,000 if applicant is working within the Greater Toronto Area, or minimum of $500,000 if the applicant will be working outside the GTA);
• Meet the full-time employee requirements (employment must have at least five full-time employees who are Canadian citizens or permanent residents if working from within the GTA, or at least three full-time employees who are Canadian citizens or permanent residents if outside the GTA); and
• Complete and submit an Employer Form to support the application.

 We often assist recent graduates who are interested in this stream, and have either a valid job offer or valid work authorization in Canada, to meet their permanent residency objectives. We can assist the employer in the preparation of the application, streamlining the processing of the application, allowing you, the international graduate, or the employer, to better focus on your tasks at hand.

OINP Employer Job Offer: In-Demand Skills stream

The In-Demand Skills Stream gives foreign workers with a job offer in specific, high demand occupations the opportunity to apply for permanent residence. Currently, these high demand occupations include agriculture, construction, trucking, or personal support work.

The stream is open to individuals both inside and outside of Canada. The key characteristic of this program is that it can be used by individuals in the NOC C and D categories.

As in the OINP Employer Job Offer: International Students stream, there are requirements that the job offer must meet, as well as the applicant and the employer.

The job offer must fulfill the following requirements:

• The position must be a full-time and permanent position (minimum of 1,560 hours a year, equivalent to a minimum of 30 hours a week);
• The position must be in one of the specified NOC C or D occupations;
• The job offer must meet or be higher than the median wage level for the job within the specific region of Ontario; and,
• The job/position must also be necessary to the business, and must be based in Ontario.

The applicant must:

• Have at least nine months of cumulative paid full-time experience (or part-time equivalent) in the same occupation (as the specified NOC code) within three years prior to submission of the application;
• Have the appropriate license and authorization (if applicable);
• Meet CLB 4 in all areas of language;
• Have at least a Canadian secondary school diploma or equivalent;
• Intend to live in Ontario; and
• Have legal status in Canada at the time of application.

The employer must meet the following requirements:

• Have been in business for at least three years prior to submission, have a business premise in Ontario, have no outstanding orders under the Ontario Employment Standards Act, 2000 or the Occupation Health and Safety Act, and demonstrate that there were efforts to recruit a Canadian citizen or permanent resident prior to the applicant if the candidate lives outside of Canada or Ontario;
• Meet minimum revenue requirements (minimum $1,00,000 if applicant is working within the Greater Toronto Area, or minimum of $500,000 if the applicant will be working outside the GTA);
• Meet full-time employee requirements (employer must have at least five full-time employees who are Canadian citizens or permanent residents if working from within the GTA, or at least three full-time employees who are Canadian citizens or permanent residents if outside the GTA); and
• Completed and submitted an Employer Form to support the application.

This stream is highly sought after by those in eligible NOC C and D occupations, as they are traditionally left out of the federal Express Entry draws due to their ineligible occupation.

The requirements for this particular stream are often adjusted to meet the local demands of the economy, with additional positions in the NOC C and D category frequently added to include a broader range of candidates.

Alberta is quickly becoming one of Canada’s fastest growing provinces with Calgary and Edmonton driving growth through an enticing job market. Its immigration requirements and programs are evolving rapidly to address the province’s changing economic landscape, and there are several options open to immigrants under the Alberta Immigrant Nominee Program (AINP).

Alberta Express Entry

The Alberta Express Entry stream selects candidates from the federal Express Entry program through the provision of a Notification of Interest (NOI).

This stream is growing in popularity as its minimum CRS score is 300 points, which is significantly lower than the rest of the provinces. If an applicant has interest in immigrating permanently to Alberta and is working in an occupation that supports the province’s local economic development and diversification efforts, the Alberta Express Entry stream may be a good provincial nomination program to consider. Our immigration lawyers have helped many people interested in immigrating to Canada, who may not meet the Express Entry CRS threshold, to use this program as a pathway towards permanent residence.

 A more comprehensive view of the AINP: Express Entry stream can be found here.

Alberta Opportunity Stream

The Alberta Opportunity Stream (AOS) is for temporary foreign workers who are already working full-time in Alberta and have a full-time job offer from an Alberta employer in an eligible occupation. Candidates must have a positive Labour Market Impact Assessment (LMIA) or hold one of the accepted LMIA exemption work permits. Candidates must also meet other minimum eligibility criteria for residency and work permit type, occupation, language, education, Alberta job offer and work experience.

This is an excellent program for individuals who are already working in Alberta. Our immigration lawyers can work with you and your employer to see if this program is the right way to transition you from temporary to permanent residence status.

Read more about the Alberta Opportunity stream here.

Additional AINP streams include the International Graduate Entrepreneur Immigration Stream, the Foreign Graduate Start-Up Visa Stream, and the Self Employed Farmer Stream. If you are interested in immigrating to Alberta, our immigration lawyers are here to help you understand your options.