United International Travels - CANADA - Canada, The Acquisition Of Canadian Permanent Residence Under the
 
 
 
 
 
 
 
 
 
 
 
 
 
  Free Evaluation form

CANADA - THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE UNDER
THE MANITOBA PROVINCIAL NOMINEE PROGRAM


Canada, The Acquisition Of Canadian Permanent Residence Under the
Manitoba Provincial Nominee Program :

DISCLAIMER:
The following has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
(Canadian Immigration and Employment Law)

FREQUENTLY ASKED QUESTIONS

The Manitoba Government is currently one of three provincial governments to have concluded an agreement with the Government of Canada (Canada-Manitoba Agreement, 1996) providing for a framework for federal and provincial cooperation in the field of immigration. The Provincial Nominee Agreement, 1998, provides Manitoba with shared authority to identify and nominate prospective individuals destined to that Province. The Manitoba Provincial Nominee Program outlines current guidelines for the promotion, recruitment and nomination of skilled individuals who can provide significant industrial and economic benefits to the province of Manitoba.

The Canadian Government continues to maintain exclusive jurisdiction over matters such as health, security and settlement funding.

The Manitoba government is currently issuing Manitoba Nomination Certificates to qualified professionals/skilled workers and assisted relatives who possess employment skills and experience which are compatible with occupations "open" to prospective immigrants to Manitoba. An applicant is assessed under various factors which will indicate whether there is a strong likelihood that the applicant will successfully establish himself/herself in Manitoba.

 

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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".

     

  • 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.

     

  • 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.

     

  • 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.

     

  • 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.