The Canada – Quebec Accord: The Canada – Quebec Accord refers to an agreement that the authorities signed in 1991. According to the terms specified in this Accord, the province of Quebec remains solely responsible for the selection of applicants destined to the province of Quebec. Federal responsibility, under the terms of the Accord, comprise solely of assessing the applicant’s admissibility and issuing permanent resident visas.

As such, officers could refuse applicants even if the province of Quebec has already accepted these applicants. This is especially so if, in the eyes of the officers, these applicants are inadmissible. At the same time, the officers would not issue a permanent resident visa to any applicant destined to the province of Quebec who has not met Quebec’s selection criteria.

The Canadian Visa Service (CVS): The Canadian Visa Service (CVS) denotes the federal immigration service based overseas.

The Certificat de sélection du Québec (CSQ): The Certificat de sélection du Québec (CSQ) refers to a document issued by the Service d’Immigration du Quebec (SIQ). This document serves to indicate that the province of Quebec has selected a particular applicant. It is worth mentioning that the authorities would typically need to issue a Certificat de sélection du Québec (CSQ), before the officers in the Canadian Visa Service (CVS) can issue visas for the province of Quebec.

The Service d’Immigration du Quebec (SIQ): The Service d’Immigration du Quebec (SIQ) refers to the Quebec Immigration Service.

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Roles and Responsibilities

The table given below illustrates the roles and responsibilities of the agencies that typically process applications made under the Quebec Skilled Worker Class.

The Guidelines for Officers When They Respond to Initial Contact from the Applicants

In many cases, the Canadian Visa Service (CVS) will typically receive enquiries or applications from the applicants. These enquiries or applications would clearly indicate that the destination of the applicant is the province of Quebec. In this scenario, the Canadian Visa Service (CVS) would need to direct these letters or applications to the Service d’Immigration du Quebec (SIQ). The Service d’Immigration du Quebec (SIQ) will bear all responsibility for responding to these letters or applications thereafter.

Similarly, situations could arise where the Service d’Immigration du Quebec (SIQ) receives enquiries or applications from people destined to other parts of Canada. In this scenario, the Service d’Immigration du Quebec (SIQ) would need to direct these enquiries or applications to the Canadian Visa Service (CVS).

In some situations, individuals might send applications to the Canadian Visa Service (CVS). Many of these applications might not specify or indicate a destination. In this scenario, the officers would need to treat these applications as non-Quebec applications.

In addition, the authorities have placed the onus on the applicant for specifying the intended destination in Canada.

Furthermore, it is worth mentioning that when the applicant is destined to Quebec, the application will typically arrive along with a Certificat de sélection du Québec (CSQ).

The Process for Receiving an Application

Applicants would typically submit the IMM 0008EGEN form and the correct fee. On receiving these, the Canadian Visa Service (CVS) would need to record the date on the IMM 0008EGEN form. It is worth highlighting that the authorities typically consider this date as the date of receipt of the application.

The Process for Making a Preliminary Assessment

The Service d’Immigration du Quebec (SIQ) is responsible for assessing all the applications it receives for the purpose of selection. Officers would be able to find more details on this in the section titled ‘The Quebec Selection Grid’ that appears earlier in this document.

The Procedures Followed by the Service d’Immigration du Quebec (SIQ) Following an Service d’Immigration du Quebec (SIQ) Acceptance

One the authorities accept the application, the Service d’Immigration du Quebec (SIQ) would need to:

• Issue the Certificat de sélection du Québec (CSQ)
• Send the Certificat de sélection du Québec (CSQ) to the applicant
• Provide the applicant with the federal application kit that the Canadian Visa Service (CVS) typically provides or inform the applicant about how the applicant could access the federal forms from the internet

Thereafter, the authorities expect the applicant to send the Certificat de sélection du Québec (CSQ) to the Canadian Visa Service (CVS). In addition, the applicant would need to send the completed IMM 0008EGEN form to the Canadian Visa Service (CVS) as well. Moreover, the applicants would need to pay the correct fee to the Canadian Visa Service (CVS) too.

The Procedures Followed by the Service d’Immigration du Quebec (SIQ) Following an Service d’Immigration du Quebec (SIQ) Refusal

Once the authorities refuse an application, the Service d’Immigration du Quebec (SIQ) would need to send a letter of refusal to the applicant.

The Procedures Followed by the Canadian Visa Service (CVS) Following Selection by the Certificat de sélection du Québec (CSQ)

As mentioned earlier, the applicants would need to send the following items to the Canadian Visa Service (CVS):

• The completed federal application forms
• The correct fee
• The Certificat de sélection du Québec (CSQ) and,
• The Quebec form 6 (that typically confirms the lock-in date)

On receiving these details from the applicant, the Canadian Visa Service (CVS) would typically create the immigration file for the applicant. Thereafter, the Canadian Visa Service (CVS) would need to assess the application for admissibility pursuant to the prescribed federal statutory requirements.

The Process Once the Authorities Issue the Permanent Resident Visa

Once the authorities issue the visa, the Canadian Visa Service (CVS) would need to provide certain details to the Service d’Immigration du Quebec (SIQ) on a monthly basis. These details would typically include:

• A Computer- Assisted Immigration Processing System (CAIPS) printout of all decisions taken on Quebec cases
• This would include details such as:
  • The Service d’Immigration du Quebec (SIQ) file number and,
  • The name of the applicant etc.

The Process Once the Authorities Do Not Issue the Permanent Resident Visa

If the authorities refuse the visa application, the Canadian Visa Service (CVS) would need to send a copy of the refusal letter to the Service d’Immigration du Quebec (SIQ).

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What this Sub-Chapter is About

The authorities have divided this chapter into two sub-chapters. These comprise:

• OP 7 (a) for Quebec Skilled Workers and,
• OP 7 (b) for Provincial Nominees

As mentioned earlier, Canada has entered into bilateral agreements with provinces and territories. These bilateral agreements enable provinces and territories to nominate individuals for permanent residence. Provinces and territories typically carry out such nominations based on their assessment of the nominees’ ability to contribute to the economic growth and development of those particular provinces. However, it is worth mentioning that Canada has entered into these bilateral agreements with all provinces and territories except Quebec and Nunavut.

This sub-chapter outlines the details of the provincial nominee class. In addition, it provides guidance to officers about the manner in which they would need to process applications. Readers would find the word ‘province’ appearing throughout this document. It is worth highlighting that the word ‘province’ in this document refers to both provinces as well as territories.

The OP 7 (b) for Provincial Nominees Program Objectives

The authorities designed the Provincial Nominee class to enable provinces and territories to facilitate the immigration of persons who have expressed an interest in settling the province. In addition, it enables provinces and territories to nominate individuals who the provinces and territories believe would be able to contribute to the economic growth, development and prosperity of those particular provinces.

The Act and the Regulations

The table given below details the references to the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR) and the forms associated or mentioned in this chapter.

The Forms Required

Similarly, the table given below details the forms that the authorities would expect the applicants to fill.

The Instruments and Delegations

There are no applicable instruments and delegations that apply to applications made under the provincial nominee class.

Related Information:

• Provincial Nominees – Departmental Policy
• Provincial Nominees- The Definitions
• The Guidelines for Processing Provincial Nominees
• Provincial Nominees- Overaged Dependents
• The Guidelines for Coding Provincial Nominees

The provincial nominee rules recognise that provincial governments are in the best position for determining their specific economic needs with respect to immigration. Therefore, immigration officers have the ability to assume that any candidates that a particular province nominates will, in the view of the provincial officials, be able to:

• Demonstrate the intent of residing in the nominating province and,
• Have a strong likelihood of establishing themselves economically in Canada

In some cases, though, situations could arise where the immigration officers come into possession of certain information that could bring these assumptions (made by the provincial officials) into question. In this scenario, the immigration officers have the ability to ultimately refuse to issue a visa to the provincial nominee. For obtaining further details on the refusals of provincial nominees, readers would need to go through the section titled ‘The Guidelines for Processing the Application’ that appears subsequently in this document.

The Guidelines for Applicants Who Have a Valid Temporary Status in Canada

The authorities would typically issue many foreign nationals in the Provincial Nominee Class with permanent resident visas. To become permanent residents in Canada, these individuals would need to:

• Be temporary residents in Canada and,
• Present their permanent resident visas to officers at:
  • A port of entry or,
  • A Citizenship and Immigration Canada (CIC) office in Canada – this is in accordance with the provisions specified in R71.1

In some cases, the authorities might issue permanent resident visas to foreign nationals outside Canada. These individuals would need to present their visas at a port of entry once they enter Canada. Doing so would enable them to become permanent residents.

The Guidelines Concerning the Order of Admission of the Applicants

The accompanying family members of provincial nominee applicants can become permanent residents as well. However, for this to take place, they would need to become permanent residents at the same time as, or after, the principal applicant has become a permanent resident. As such, under no circumstances, can accompanying family members become permanent residents before the principal applicant. This is in accordance with the provisions specified in R87.1.

All accompanying family members of principal applicants in the Provincial Nominee Class are eligible for becoming permanent residents if:

• They have received permanent resident visas and,
• They are seeking admission to Canada on or after September 02, 2008

However, these individuals would only be able to become permanent residents if the principal applicant has become a permanent resident in accordance with the regulations in effect as of September 02, 2008.

The Guidelines Concerning Passive Investment and Immigration Linked Investment

A passive investment refers to a situation when an individual invests capital in a business or organisation. However, this individual does not have any active involvement in the management of the business or organisation. The authorities have prohibited such investments under the provisions specified in the Immigration and Refugee Protection Regulations (IRPR).

Therefore, the authorities have precluded foreign nationals from being considered as members of the Provincial Nominee Class if the nomination was based on:

• Their provision of capital in an immigration-linked investment scheme or,
• Their participation in an immigration-linked investment scheme

However, the authorities would still need to consider certain foreign nationals as members of the Provincial Nominee Class. The authorities would typically do this if, in their view:

• The capital provided by the foreign nationals to a business is not made primarily for the purpose of deriving interest, dividends or capital gains
• The foreign national controls, or will control, at least 33 1/3 percent of the equity in the business or, if the foreign national has made a minimum of $1 million equity investment in the business
• The foreign national will participate actively in the management of the business on an ongoing basis and,
• The terms of investment in the business do not include a redemption option

The officers would typically consider the percentage of equity controlled by both the principal applicant and their spouse or common-law partner, while assessing the percentage of equity owned by the principal applicant. This is consistent with the practices the officers usually follow for other federal business classes.

The Exclusions

The authorities have the ability to exclude from the Provincial Nominee Class any applicants:

• Whose nomination arose from their provision of capital i.e. passive investment or,
• Who intend to participate (or have participated) in immigration linked investment schemes

These exclusions aim to prevent the Provincial Nominees Program from undermining the federal immigrant investor program. These details are in accordance with the provisions specified in R87 (5).

The Forms Required

The authorities require provincial nominees to complete:

• The IMM 0008EGEN application
• The IMM 0008Esch4 / sch4a and,
• Any other required forms and documents as specified in the Guide for Provincial Nominees i.e. IMM EP7000

The Roles and Responsibilities

Provinces and territories of Canada bear the responsibility for establishing their own criteria for nomination. However, they would need to ensure that the criteria they formulate is not incompatible with national immigration policy. Similarly, the federal government bears the entire responsibility for:

• Applying all statutory admissibility criteria and,
• Exercising ultimate selection authority as specified in the Immigration and Refugee Protection Regulations (IRPR)

It is worth highlighting that the officers of Citizenship and Immigration Canada (CIC) are responsible for:

• Assessing the admissibility of the candidate
• Assessing the eligibility of the candidate in accordance with the provisions specified in R87 and,
• Rendering a final decision on the eligibility of the candidates as members of the Provincial Nominee Class, in accordance with the provisions specified in R87 (2)

The Guidelines for Receiving the Provincial Nomination Certificate

Provinces will typically nominate individuals for selection in the Provincial Nominee Class. Once they do this, the provinces would need to send the certificate of nomination to the visa office directly.

The Guidelines for Receiving the Application for Immigration

Some provinces might ask the applicants for completing the immigration applications. Thereafter, they would instruct the applicants to send these applications directly to the appropriate visa office. Similarly, other provinces might choose to assist the nominee with the completion of the application. In addition, they might even send the nominee’s application to the visa office on the applicant’s behalf.

In either case, the visa office would need to create a file before the receipt of the nomination spreadsheet.

The Transitional Provisions

The authorities require officers to assess all applications for permanent residence in progress at the federal level prior to September 02, 2008 according to the regulations in effect immediately prior to September 02, 2008. This applies to all nomination certificates issued on or prior to September 01, 2008 as well.

However, it is worth highlighting that this does not mean that the authorities need to receive all applications for permanent residence by September 02, 2008. Rather, the authorities require that they receive only the nomination certificate issued by the province as of September 01, 2008 or earlier.

The authorities would continue to issue new applications with their respective nomination certificates on or after September 02, 2008. These applications and certificates would remain subject to the current regulations. All these instructions are in accordance with the provisions specified in the section titled ‘The Guidelines Concerning Passive Investment and Immigration Linked Investment’.

The Guidelines for Processing the Application

In many cases, the visa office would receive the certificates of nomination under the Provincial Nominee Class. In this scenario, the officers would need to issue the relevant medical instructions. In addition, they would need to carry out the normal security screening procedures as soon as possible. However, they would only do this once they receive a complete application.

The Guidelines Concerning Monitoring and Compliance

Situations could arise where the officers are not satisfied that the applicants would be able to meet all the prescribed criteria. In this scenario, the officers would need to request additional documentation or clarification from the applicants.

In some situations, the nomination certificates might not be sufficient indicators to the likelihood of the foreign nationals successfully establishing themselves economically in Canada. In this scenario, the officers would need to substitute their evaluations of the likelihood of the foreign nationals for successfully establishing themselves economically in Canada. They would typically substitute this evaluation with the nominating certificate. Such a substitution would typically require that the officer consult with the government that issued the certificate first. This substitution requires the concurrence of a second, appropriately delegated, officer as well.

Officers would need to re-affirm the application’s intention to reside in the nominating province. This is especially important when the officers anticipate that a significant time lag could occur between nomination and visa issuance.

Situations could arise where officers might have reason to believe that certain provinces might have nominated applicants on the basis of certain passive investments. This is especially in cases where the provinces issued the nomination certificate after September 02, 2008. In this scenario, the officers would need to proceed to interview the client first. In addition, they have the ability to request for additional documentation to satisfy the requirements specified in the following sections:

• R87 (5)
• R87 (6) and,
• R87 (9)

In many cases, the applicants would meet all the prescribed requirements. Thereafter, the officers would need to begin issuing the permanent resident visa.

The “Schedule 4A – Economic Classes – Provincial Nominees – Business Nominees” Form

The authorities designed and developed the Schedule 4A form for capturing:

• Certain background information about applicants nominated in a business, entrepreneur, self-employed or similar stream and,
• Details of the applicants’ business experience and proposed business activities in Canada

Officers would need to remember that in accordance with the province’s mandate, the province has the ability to make a determination about the likelihood of a nominated individual making an economic contribution to the province. As such, the purpose of the information captured on Schedule 4A is not for encouraging a re-assessment of the province’s nomination decision. Rather, the officers would need to examine the information provided on this form for consistency with the rest of the application. In addition, the officers would need to invite the applicant to address any concerns that might arise.

In some situations, the officers might have concerns that the applicants could have provided different information to Citizenship and Immigration Canada (CIC) and to the province as well. In this scenario, the officers would need to consult the province. Similarly, situations could arise where the officers find that the applicant possesses wealth that appears to be inconsistent with the applicant’s business and personal history. In this scenario, the officers would need to request for further clarifications from the applicant.

It is worth highlighting that there is no explicit legal requirement for provincial nominee applicants to demonstrate that they obtained their assets legally. This is applicable even if the applicant applies in a business or a similar stream. This requirement is in stark contrast to the requirements applicable to federally-selected investors and entrepreneurs, as specified in the provisions mentioned in R88 (1). As a result, the authorities have not collected any detailed information as yet on the following:

• The business experience of the provincial nominees and,
• The acquisition of assets by the provincial nominees

Because of this, officers often find it hard to assess certain aspects of admissibility of the applicants. To address this gap, the authorities have developed Schedule 4A.

It is worth highlighting that the authorities cannot refuse applications merely because the source of the applicants’ funds are unclear. In addition, the authorities cannot refuse applications for non-compliance merely because the applicants have refused to reveal the sources of their funds.

The officers would need to remember that the provisions specified in the Immigration and Refugee Protection Act(IRPA) make it amply clear that officers do not need to ascertain the source of the applicants’ funds for considering this information for selection purposes. Because of this, it could be difficult to defend refusals purely based on the applicants’ failure to provide information. However, all applicants would need to establish that they are not inadmissible. For this, the applicants would need to account for their activities and the source of their funds. This is especially in situations when questions about inadmissibility arise. In this scenario, the officers would need to insist that the applicants provide satisfactory information. This applies even to provincial nominee class candidates.

It is worth mentioning that the authorities have published operational instructions in RIM 03-072 that provide detailed information on the subject. Similarly, visa offices with questions about the source of funds would need to consult National Headquarters (NHQ). National Headquarters (NHQ) would need to support refusals in cases where the officers:

• Are not satisfied about the applicant’s admissibility and,
• Have provided applicants with the opportunity to address the concerns raised

The Changes in the Family Composition During Processing

The provinces would only need to name the principal applicant in the nomination certificate. This is in accordance with the provisions specified in R87 (2) (a). Many provinces list the applicant’s accompanying dependents on the nomination certificate as well. However, it is worth mentioning that there is no actual legal requirement that specifies that the province must specify the names of the accompanying dependents on the nomination certificate.

Because of this, there is no need for obtaining a new or amended nomination certificate. This is especially so in case the applicant’s family composition changes during the processing of the application. As a courtesy, the visa office would need to inform the province of a change in the applicant’s family composition. But, the visa office or the applicant would typically not require to request for a new nomination certificate in these circumstances.

The Guidelines for Changing the Immigration Category

Situations could arise where the province nominates an applicant who has applied in another category, but whose application is not yet in process. The provisions specified in R10 specify that applicants would need to make every application within one of the classes prescribed by the Immigration and Refugee Protection Regulations (IRPR). The same provisions of R10 also specify that no mechanism exists under the legislation that enables an applicant to make changes to the immigration category once the applicant has submitted the application.

It is worth highlighting that in all cases, applicants who wish to undergo assessments in the Provincial Nominee Class, would need to submit applications within that particular class. In addition, they would need to pay the appropriate fee as well.

Situations could arise where an applicant applies in another category. Thereafter, the likelihood exists that a province could nominate this applicant. In this scenario, the applicant would need to submit a new application as a provincial nominee. Once this takes place, one of the following situations will apply:

• If the authorities have not paper-screened the initial application, the authorities have the ability to credit the processing fee towards the new provincial nominee application instead of refunding it
  • This is in accordance with the provisions specified in the operational instructions published in RIM 06-026
• If the authorities have paper-screened the initial application, they would not be able to refund the processing fee
• In some situations, the applicant might not wish to withdraw the initial application
  • In this scenario, the officers would continue processing both the applications
  • However, it is worth mentioning that the authorities would only issue one permanent resident visa to any applicant
  • Therefore, before the authorities finalise the processing of any application, the applicant would need to withdraw any other permanent residence applications in process that the applicant has submitted

The Guidelines for Processing Special Cases

The Federal Provincial Territorial agreements contain various general provisions about provincial nominees. One of these provisions states that the authorities consider a nomination certificate to be a determination that:

• The applicant’s admission will economically benefit the province and,
• The applicant will be able to become economically established in Canada

In many cases, the visa officers do not scrutinise the policy intent behind the provincial nomination decision. However, situations do arise where the visa officers are not entirely satisfied about the applicant’s ability to become economically established in Canada. This is regardless of the fact that the individual might have a nomination certificate issued by a province. The two situations where visa officers might not be entirely satisfied about the applicant’s ability to become economically established in Canada comprise:

• Overaged Dependents and,
• Individuals who have no intent of joining the labour market

Passive Investment Proposal: A passive investment proposal refers to an investment that a foreign national makes, which focuses on or leads to the province nominating the foreign national. In addition, this investment could result in the successful immigration of the foreign national to Canada.

The main characteristics of a passive investment proposal would typically include:

• The fact that the foreign national will not have any active, ongoing or direct responsibilities in managing or operating the enterprise financed or,
• Certain terms of investment that include a redemption option that the foreign national could exercise after a specified span of time or,
• An understanding that the foreign national will not reside in the nominating province

In many cases, it is possible that the officers become aware of new passive investment schemes. If this happens, the authorities expect these officers to inform International Region / RIM at [email protected].

Immigration Linked Investment Scheme: The provisions specified in R87 (9) mention the definition of the immigration linked investment scheme. The definition includes any strategy or plan where:

• The parties entered into the agreement or arrangement primarily for the purpose of acquiring status or privilege under the provisions specified in the Immigration and Refugee Protection Act (IRPA)

• One of the objectives of the scheme is to facilitate immigration to Canada successfully and,
• One of the objectives of the promoters of the strategy or plan is to raise capital

In many cases, it is possible that the officers become aware of new immigration linked investment schemes. If this happens, the authorities expect these officers to inform International Region / RIM at [email protected].

It is worth highlighting that the provisions specified within R87 (6) (b) mention details of investment schemes. These provisions require provincial nominee applicants to control a percentage of equity in the business, which is equal to or greater than 33 1/3 percent. In addition, these provisions require provincial nominee applicants to make an equity investment in the business of at least $1 million. These requirements are consistent with the requirements concerning active and ongoing management of a business, as specified in the provisions of R87 (6) (c).

Provincial Nomination Certificate: The government of a province typically issues this certificate to applicants intending to reside in that specific province. In many cases, the government of the province issues this certificate under a provincial nomination agreement. The documentation usually goes directly from the province to the visa office. Ideally, it should not arrive via the applicant or any agent working on behalf of the applicant.

All parties are in agreement on the fact that the provinces would need to forward all nomination information to the visa offices in a spreadsheet format. These provinces would typically forward these details visa Entrust. The spreadsheet would need to contain the same information about each candidate as that specified on each separate nomination certificate. In addition, the visa office would need to express its satisfaction that the spreadsheet is coming from the responsible provincial or territorial authority.

The officers would need to clearly identify all applications submitted under the Provincial Nominee Class. This would contribute towards making quality assessment and control much easier.

Officers would need to use the code ‘PV2’ as the immigration category code for these applications. This code signifies the following:

• Provincial nominee processed abroad
• Officers would need to use synthetic National Occupational Classification (NOC) Codes as specified in Computer-Assisted Immigration Processing System (CAIPS) Coding Aid
• This would be:
  • 0001.0 for investors and 0002.0 for entrepreneurs
• Similarly, officers would need to use the code 9914.0 for New Workers
• This code would typically apply to overage dependents without work experience who have a separate nomination certificate

The authorities are cognisant of the fact that inaccurate coding of provincial nominees has taken place in the system. This has had a negative effect on the ability of the authorities to assess the success of the program.  The authorities feel that the two most frequent problems that occur comprise the following:

• Provinces typically nominate individuals for different reasons
  • For instance, some provinces nominate individuals for the occupational skills they possess, while others nominate individuals for their business acumen
  • Similarly, some provinces nominate individuals because of their willingness to settle down in under-populated regions
  • As such, officers would typically need to consider all provincial nominees as members of the Provincial Nominee Class for federal coding purposes
  • This is because in the past, some officers have erroneously coded provincial nominees with business skills as entrepreneurs or self-employed individuals
  • Thus, it is worth mentioning that the officers would need to ensure that the immigration category listed in Computer-Assisted Immigration Processing System (CAIPS) must be PV2
  • This is applicable to all applicants whom the authorities are selecting at a visa office on the basis of a certificate of nomination by a province
• Officers would need to ensure that they code the nominating province accurate always
  • In addition, this coding would need to remain unchanged throughout the landing process
  • The authorities have come across several cases where provincial nominees nominated by a particular province indicate that they are destined for another province upon landing in Canada
  • In this scenario, the officers of Canada Border Services Agency (CBSA) have often taken it upon themselves to change the province of destination on the file
  • The officers have found that in most of these cases, the new permanent resident is simply visiting friends or family on their way to their new home
  • As such, many of these individuals end up reporting to and settling in the province that nominated them

Overaged Dependents: As is the case in other immigration classes, a provincial nominee principal applicant might wish to include a daughter or a son in their application. In many cases, this child might not meet the prescribed definition of a ‘dependent child’. As such, the applicant might not be able to include this child as a family member. In some cases, the nominating authority might nominate the overaged dependent child in their own right.

The possibility of a refusal using substituted evaluation arises when:

• The dependent has no work experience and,
• The dependent might not have knowledge of either official language

This possibility of a refusal would take place on the basis that the applicant has not demonstrated the ability to become economically established in Canada.

It is worth highlighting that there is no definition in the legislation for the term ‘become economically established’. As such, the meaning of this term remains open to interpretation. In addition, there is no indication of the exact moment when an applicant must become economically established. As such, the applicant could become economically established immediately upon landing in Canada. Or, the applicant could become economically established after an initial period of adjustment.

However, the manner in which the authorities use this term throughout the economic classes makes it clear that to become economically established means to join and participate in the labour market in Canada. Similarly, it is clear that the prescribed selection criteria do not apply to the Provincial Nominee Class in the same way as they apply to federal skilled workers as well. As such, it becomes easy to conclude that this is the overall intention of the legislation and the Federal Provincial Territorial agreements. Such a definition provides the provinces with some latitude in their nomination decisions.

Thus, for all these reasons, the visa officers would need to, on a case-by-case basis, carefully evaluate the cases of overaged dependents nominated as provincial nominee candidates in their own right. As such, the officers would need to refuse applications if they have strong reasons for believing that the applicant is very unlikely to become economically established. They would need to refuse the application if they find the applicant unlikely to become economically established even:

• In the medium term and,
• With the support of their other family members

On the other hand, the officers have the authority to approve cases where there is some likelihood of a successful settlement within a reasonable time. This is in accordance with the provisions specified in the relevant legislation.

Situations could arise where the officers need to issue visas to overaged dependents who do not have any previous work experience. In this scenario, it is worth highlighting that the officers would need to code these applicants as new workers. For this, it is imperative that they use the code NOC 9914.0 for these workers. Officers would need to code all provincial nominee applicants as new workers if they are dependents and have no previous work experience. By coding them in this manner, the officers enable the authorities to monitor the number of such cases.

Individuals with no intention of joining the market: The most common scenario typically involves older individuals, who have a close tie to a particular province. As such, these individuals feel motivated to retire in that specific province. In many cases, these individuals would have a close relative (such as a daughter or a son) residing in the nominating province. Some individuals are candid enough to state that they have no intention of joining the labour market in the province to the visa officers. Similarly, others mention that they intend to seek work or create a business. However, these individuals are usually not able to satisfy the officer that they have a genuine intention of executing their plans.

The legislation defines the Provincial Nominee Class as an economic class where the authorities assess the applicant on the basis of the applicant’s ability to become economically established in the province. As mentioned earlier, the term ‘become economically established’ denotes (at the very least) the ability to support oneself by participating in the Canadian labour market.

As such, if the officers are not satisfied that the applicant has the intention of participating in the Canadian labour market and that the individual would be able to participate, the officers would need to refuse the application. Doing so is perfectly justified under the prescribed legislations and policy intent. In addition, the National Headquarters (NHQ) would support such refusals as well.

It is worth mentioning that to ‘become economically established’, the individual would need to participate in the labour market in such a manner that enables the applicant to support oneself. Therefore, this participation in the labour market must not merely contribute to the costs of their upkeep. In other words, part-time or casual work would not normally meet the requirements for participating in the labour market in the sense in which the authorities have specified in the legislation

Appendix I – The International Mobility Program – Employer-specific Work Permits with Labour Market Impact Assessment Exemptions

The authorities brought new regulations into effect on February 21, 2015. These regulations required that employers who provide offers of employment to foreign nationals in the International Mobility Program would need to:

• Provide their offers of employment directly to Citizenship and Immigration Canada (CIC) using the provided forms and electronic systems and,
• Pay the new employer compliance fees electronically

In addition, these employers would need to provide copies of these offer of employment forms to the foreign nationals. The foreign nationals would, thereafter, include these forms along with their work permit applications.

The new regulations serve to improve the integrity of the International Mobility Program. At the same time, they help in supporting a more robust employer compliance scheme.

The New Regulations

Section R209.11 specifies that:

“… an employer who has made an offer of employment to a foreign national referred to in subparagraph 200 (1) (c) (ii.1) must, before the foreign national makes their application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose:

• their name, address and telephone number, and fax number and electronic mail address, if any;
• the business number assigned to the employer by the Minister of National Revenue, if applicable;
• information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national referred to in section 207; and
• the offer of employment made in the form provided by the Department.”

The Direct Submission of the Offer of Employment from the Employer

Employers would need to submit their offers of employment using the electronic system provided by Citizenship and Immigration Canada (CIC) for submission. In addition, they would need to pay the fee electronically prior to the submission of a work permit application based on the offer. Typically, for the employers, this process comprises the following three steps:

• The payment of the employer compliance fee using the Pay Your Fees web page
• On receiving the receipt number, the employers would need to complete the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form i.e. IMM 5802
• Thereafter, once they have completed the IMM 5802 form, the employers would need to submit the form electronically by selecting the “Submit” button and following the appropriate steps for choosing their preferred e-mail application
  • This step helps in populating the e-mail with the correct information and attaches the offer of employment for direct submission to Citizenship and Immigration Canada (CIC)
  • It is worth mentioning that this form replaces the job offer letter that the authorities previously required for supporting Labour Market Impact Assessment (LMIA) exempt work permit applications from foreign nationals
• The employers would then need to provide copies of the completed IMM 5802 forms to their foreign workers for inclusion with the work permit applications

The Processing of Labour Market Impact Assessment (LMIA) exempt Employer Specific Work Permit Applications

1. The officers would need to review the work permit applications for employer specific, Labour Market Impact Assessment (LMIA) exempt work permits
2. Thereafter, they would need to confirm that:
   1. The work permit application is fully complete (including the receipt number) and includes the IMM 5802 form
   2. The receipt number is valid
      1. Officers would need to capture the employer compliance fee separately from the work permit processing fee
      2. For this, they would need to use the work permit Fee view tab in the Global Case Management System (GCMS)

3. On confirming the receipt number for meeting the requirement of ‘before’ [refer to the note below], the processing officers would need to review the IMM 5802 forms as they previously did with the job offer letters

Note:

• It is worth highlighting that the ‘before the foreign national makes their application’ requirement has no specific timeframe
• Therefore, as long as the foreign national includes a copy of the IMM 5802 form with a valid receipt number, Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) would accept that the foreign national meets the ‘before’ requirement’
• This is regardless of whether the foreign national submitted the form days or minutes in advance of the work permit application

Related link

Dealing with Concerns Regarding the Genuineness of Canadian Job Offer

The Process for Dealing with Concerns Regarding the Genuineness of the Job Offer [R200 (5)]

Situations could arise where the officers have concerns about the employer or the genuineness of the offer. In this scenario, the officers have the authority to request for further information from the employer. This is in accordance with the provisions specified in the IMM 5802 form. For instance, the officers have the authority to request employers for information without having to use the foreign national applicant as a conduit for that specific request. This is in accordance with the provisions specified in subparagraph R200 (1) (c) (ii.1).

The Process for Dealing with Concerns Regarding the Validity of the IMM 5802 Form

In some situations, the officers might find that the receipt number is not valid for use in the Global Case Management System (GCMS). There could be two possible reasons for this.

• The employer typed the number incorrectly or,
• The IMM 5802 form is not genuine

In this scenario, the officers would need to attempt to contact the employer for determining the correct receipt number. Alternatively, they would need to request the employer for further information such as:

• The proof of registration or licensing
• A copy of the online receipt or,
• The documents supporting financial ability

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) mandate a specific condition. This condition stipulates that employers must provide accurate information. As such, the authorities believe that contacting the employers directly for any further information is a best practice. The IMM 5802 form would typically contain the employer’s contact information. Thus, the individual officers would need to determine the method of contact based on their own specific internal procedures.

The Process to Follow When there is No IMM 5802 Form and the Employer Compliance Fee Has Been Paid

Under the new regulations, the authorities would check whether the employers have met the requirements for the offer of employment and the payment of the employer compliance fee. Only then would the foreign national be able to submit the employer specific, Labour Market Impact Assessment (LMIA) exempt work permit application. In case the employers do not meet these requirements, the officers have the ability to refuse the applications. This is in accordance with the provisions specified under the new regulation paragraph 200 (3) (f.1).

In addition, the officers would need to note that the requirement for the employers to submit their documents and pay the fee in advance is not one of the prescribed R10 requirements. As such, if they find that these two documents are missing, they have the authority to refuse the application without returning it.

The Process for Refunds

In some situations, the officers might refuse the employer specific, Labour Market Impact Assessment (LMIA) exempt work permit application. In this scenario, the officers would need to initiate the refund of the employer compliance fee for Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA), in accordance with the standard guidelines.

In certain situations, the employer could withdraw the offer of employment in writing prior to the issuance of the work permit. In this scenario, the officers would need to refuse the work permit for not meeting the prescribed requirements. Thereafter, they would need to initiate the refund of the employer compliance fee.

Employers could withdraw their offer by contacting the [email protected] mailbox. They would need to forward their original offers of employment and add the word ‘WITHDRAWAL’ in the subject line. This would enable the Case Management Branch (CMB) to link the withdrawal to the original offer. Thereafter, they would enter the information in the Global Case Management System (GCMS).

For more details on refunds, refer to Appendix J