- What
does Canadian permanent resident status entail?
Pursuant to the
provisions of Canada's constitutional laws, the holder of
a Canadian permanent resident visa and his/her
accompanying dependants, once admitted to Canada, are
permitted to permanently reside and earn a livelihood in
any one of the ten provinces or two territories within
Canada.
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- What
does a Manitoba Nomination Certificate entail?
A Manitoba
Nomination Certificate (MNC), serves as the instrument
which when received by the Canadian Citizenship &
Immigration authorities, initiates the process of
acquiring Canadian permanent residence under the
immigration category of Provincial Nominee.
The MNC when
issued is evidence that admission of the applicant is of
significant benefit to the industrial and economic
development of Manitoba and that the nominee will have a
strong likelihood of successfully establishing in
Manitoba.
The holder of a
MNC will be able to subscribe to the various settlement
and social services that are available to newcomers to
Manitoba.
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- Who
qualifies for a Manitoba Nomination Certificate?
Under the
current rules, prospective applicants are pre screened and
assessed under an evaluation grid comprised of eight major
factors with each factor being assigned a numerical value.
These factors include: age, education, occupational
demand, guaranteed employment, experience, language,
adaptability and suitability of spouse. As well, up to ten
additional points may be awarded for other factors that in
the opinion of a program officer, may contribute to the
applicant's successful establishment in Manitoba.
The factors with
the maximum number of points as follows:
| 1) Age
(18-48) |
10 |
| Maximum
points are allocated to applicants between the
ages 21-44 |
| 2)
Education |
16 |
| Maximum
points are allocated to applicants with a third
level university degree (e.g. Masters or
Doctorate). |
| 3)
Occupation Demand |
15 |
| Fifteen
points will be awarded where the intended
occupation in Manitoba is on the High Demand
Occupation List - Annex A.
Ten
points will be awarded where the intended
occupation in Manitoba is on the High Demand
Occupation List - Annex B.
Licensing
and relate regulatory requirements may apply for
the intended occupation.
|
| 4)
Guaranteed Employment |
10 |
| Guaranteed
employment with an employer in an occupation
listed on the High Demand Occupations List - Annex
A or B provides maximum points. Guaranteed
employment in an occupation not on the list can
provide eight points. |
| 5)
Occupational Demand - Spouse |
07 |
| A
spouse's guaranteed employment with an employer in
an occupation listed on the High Demand
Occupations List - Annex A or B, provides maximum
points. Guaranteed employment in an occupation non
on the list can provide five points. Alternative,
three points will be awarded where the intended
occupation in Manitoba is on the High Demand
Occupation List - Annex A or B. |
| 6) Work
Experience |
08 |
| Two
points is allocated for each year of experience in
the intended occupation during the last five
years. A minimum of one point is allocated for six
months of work experience. |
| 7)
Language |
10 |
| 8)
Adaptability |
10 |
| Ten
points are allocated for a close relative
(brother, sister, mother, father, grandparent,
aunt, uncle, niece or nephew); Seven points are
awarded for a two-year period of study in
Manitoba; Seven points for a one year period of
employment during the previous five years; Five
points for a prior visit to Manitoba. |
| Maximum
Score |
100 |
Applicants who
obtain 55 points, will be considered among other
applicants for a Manitoba Nomination Certificate.
Successful
applicants will generally include those who would
otherwise not qualify on their own under the federal
independent program and who have an intended occupation on
the High Demand Occupation List or with a qualified offer
of employment.
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- What
is the application procedure?
Applications are
submitted to the Immigration Promotion and Recruitment
Branch - Citizenship and Multiculturalism Division of the
Manitoba Culture, Heritage and Citizenship Ministry.
Following an initial assessment, applicants may be
scheduled for an interview.
Successful
applicants will be issued a Manitoba Nomination
Certificate, valid for 180 days, in respect of each person
being considered by Canada as a provincial nominee.
The applicant
and overage dependants would thereafter submit to the
appropriate Canadian visa office abroad, applications for
Canadian permanent residence. The effective selection of
the visa office abroad can greatly reduce the overall
processing time which varies from post to post.
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- How
long does it take to obtain a MNC and a permanent resident
visa?
Depending upon
the time of year, the Manitoba Government's developing
processing procedures under this new program and the
Canadian visa office in question as well as other factors,
the processing time for an application for a MNC and
permanent residence filed under the Manitoba selection
rules can vary from between 8 months and 24 months.
This is the time
generally needed to complete the process of a Manitoba
assessment and nomination, receive a MNC, complete the
federal statutory health requirements and obtain a clean
bill of health for the applicant and accompanying
dependants; obtain a confirmation of no criminal inadmissibility's
for the applicant and the overage accompanying dependants
and demonstrate sufficient assets to successfully
establish the family in Manitoba.
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- Who
is included in the application for a MNC?
The application
for a MNC includes the applicant, spouse and unmarried
children under age 19 years. Unmarried children over age
19 years can be included as accompanying dependants where
they have maintained enrolment in an approved education
institution, since attaining the age of 19 years.
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- Where
are applications submitted?
Applications for
a MNC must be filed with the Immigration Promotion and
Recruitment Branch - Citizenship and Multiculturalism
Division of the Manitoba Culture, Heritage and Citizenship
Ministry in Winnipeg, Manitoba.
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- What
are the prescribed government fees?
There are no
prescribed fees under the Manitoba Provincial Nominee
Program.
Applications for
Canadian permanent residence must include the appropriate
non refundable processing fees. Approved applicants will
also be required to pay a Right Of Landing fee for the
applicant and each overage age accompanying dependant.
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- Must
the applicant travel to Manitoba as part of the
immigration process?
(Not applicable for persons studying or working in
Manitoba)
Unless an
interview is required in a particular application, the
applicant need not visit Manitoba as part of the
immigration process. However under the Factor -
Adaptability, points are awarded for extended temporary
visits (a maximum of seven points for a work or study
related stay; a maximum of five points for qualified
visits).
The reality is
that familiarity with the Manitoba landscape, including
the English or French language, customs and particularly a
knowledge of the area of intended destination in Manitoba,
can impact positively on the overall assessment.
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- What
documents are submitted along with the application?
Applications
filed under the Manitoba Provincial Nominee Program
generally include documents pertaining to the applicant's
civil status, education, employment experience and where
applicable, an (approved) offer of employment. In
addition, documentation proving prior visit(s) to Manitoba
can provide additional points under the Factor -
Adaptability and therefore positively affect the
assessment.
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- Is
full-time employment experience a necessary requirement
for skilled worker applicants?
At least six
months of full-time employment experience related to the
applicant's intended occupation in Manitoba, is a
necessary preliminary requisite to qualifying for a MNC
and Canadian permanent resident status.
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- What
about the interview process?
Certain
applicants may be encouraged to participate in an
assessment interview. An interview may take place in
person or by telephone, depending on the circumstances as
determined by a program officer.
Generally, an
interview would be scheduled to determine inter alia,
whether an applicant will demonstrate factors that may
contribute to the applicant's successful settlement in
Manitoba.
The interview
may likewise be conducted to ensure the accuracy of the
information contained in the documentation submitted or to
verify an applicant's language abilities.
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- Are
assets/personal net worth determining factors in the
selection process?
All applicants
must have access to sufficient financial resources to
cover the first six months of living expenses. Generally,
a sum of $10,000 CDN would be deemed sufficient for the
main applicant. An amount of $2000 would be added for each
additional accompanying dependent. Evidence of settlement
funding must be furnished prior to visa issuance. As well
overall personal net worth may contribute to the
applicant's successful settlement in Manitoba and such
factor may be taken into consideration by a Manitoba
program officer.
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- Does
it help to have a relative in Manitoba?
Having a close
relative in Manitoba can result in a maximum of ten points
being awarded to the applicant.
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- Must
an individual reside in Manitoba in order to maintain
permanent resident status?
At the present
time, a Canadian permanent resident residing in Manitoba
is, pursuant to Canadian Constitutional laws, permitted to
relocate to any one of the ten provinces and two
territories in Canada. This is a predominantly Federal
issue.
Under current
Federal legislation, a Canadian permanent resident should
not remain outside of Canada for more than six months in
any twelve month period. In some cases, a Returning
Resident Permit may be obtained from the Canadian
authorities, which would allow for continuous absences of
up to two years while permanent resident status is
preserved. For example, individuals who wish to complete
their studies or honor the terms and conditions of an
existing employment contract may qualify for such a
permit. This is a highly discretionary area of the
regulations. For additional information on this topic,
kindly refer to our articles: "RETURNING
RESIDENT PERMIT - A FALSE SENSE OF SECURITY" and
the CANADIAN
RETURNING RESIDENT PERMIT - FAQ.
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- Can
Canadian permanent resident status lead to Canadian
Citizenship?
As a general
rule, individuals with three years of permanent resident
status during the preceding four years can qualify for
Canadian citizenship. Generally, actual physical residence
is required. However in a number of instances, non
physical residence has been acceptable. The issue of
physical and non physical residence has given rise to
substantial litigation and accordingly merits further
consideration by prospective applicants.
For additional
insight into this area kindly refer to our article "CANADIAN
CITIZENSHIP AND THE THREE YEAR RESIDENCE REQUIREMENT".
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- Can
foreign nationals who have applied for a Manitoba
Nomination Certificate and Canadian permanent residence
category obtain a temporary non immigrant visitor's visa
to Manitoba?
Traditionally,
concurrent applications for permanent residence and
temporary entry to Canada have been viewed by visa
officers as being incompatible with each other. Under
current Manitoba immigration policy, applicants are
encouraged to become familiar with Manitoba's landscape
which assumedly will augment the applicant's likelihood of
successfully integrating into Manitoba society. Indeed,
applicant's are awarded additional points for temporary
visits. However, applicant's are discouraged however from
"waiting" inside Manitoba during the permanent
residence application process. Accordingly, applicants who
wish to procure temporary entry into Canada (Manitoba) and
who have pending, an application for a MNC and Canadian
permanent residence, will be required to demonstrate
sufficient ties to their current country of residence
prior to the issuing of a temporary visitor's visa by the
Canadian visa office abroad.
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- Is
it more advantageous to apply before or after an applicant
has researched the Manitoba labor market?
The various
occupations which are open to prospective immigrants to
Manitoba, are continuously being revised by the Manitoba
immigration authorities to reflect Manitoba's changing labor
market requirements.
As well, since
the processing of either a permanent resident, MNC or an
employment authorization visa takes months to complete,
Manitoba employers generally prefer to consider the
candidacy of applicants who possess the appropriate legal
status to become permanently employed in Manitoba. This
increases the marketability of a potential applicant for
the prospective Manitoba employer.
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- What
are the current prospects for employment in Manitoba?
Applicants who
are interested in establishing residence in Manitoba are
advised to undertake a preliminary visit/research in order
to establish contact(s) with prospective employers.
Applicants are
likewise encouraged to avail the various services offered
by the Manitoba Government to prospective immigrants, who
may elect to meet with a program officer within the
Ministry.
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- What
are the benefits of engaging the services of an attorney
who specializes in Canadian immigration matters?
Manitoba and
Canadian Immigration laws and regulations are highly
procedural and provide for the extensive use of
discretionary authority by immigration officers. Such
discretion must be exercised in precise and well defined
limits.
As well,
Manitoba immigration rules are rather new in relation to
the Federal model. The joint involvement between the
Manitoba and Federal governments in the immigration
process, often entails a series of complex procedural
undertakings which require the participation of knowledgeable
and experienced counsel, who is familiar with both
jurisdictions.
A skilled
attorney specializing in this field, will be able to
effectively navigate through the required procedures,
recognize the presence of irregularities in the use of
discretionary authority, the misapplication of immigration
directives and guidelines, the misapplication of
regulatory definitions and the committing of fundamental
breaches in the duty to act fairly during the assessment
process. An experienced attorney will ensure that such
irregularities are raised within the proper legal delays,
and that the issues in question can be properly addressed
before a competent tribunal or court of law.
In practical
terms, a reputable attorney will effectively prepare
submissions which satisfactorily address the issues where
discretion is a factor. A reputable attorney will
effectively present to the visa office instances of
irregularities in the assessment process which most often
will be corrected, thus avoiding the need to avail the use
of the judicial system.
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