The Atlantic Immigration Pilot Program - An Overlooked Route to PR
Due largely to proximity to cultural communities and job prospects, many applicants for Canadian permanent residence flock to the urban centres of Toronto, Vancouver or Montreal. This means, however, that they may be missing the opportunity to reside and work in Canada under a system which eases the route for interested applicants. The Atlantic Immigration Pilot Program (AIP) is certainly an attractive option for those wishing to make Canada their home, but who find the criteria for Federal immigration insurmountable.
First introduced in 2017 as a partnership between the Federal government and the four provincial governments of Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island, the program was extended for a further 2-year period to December 2021. The AIP incentivizes immigration to Atlantic provinces in order to address population decline, while also meeting the needs created by local labour shortages.
This program may be particularly appealing to those wishing to work and permanently reside in Canada, as it reduces much of the red tape and moves away from the points-based system in the Federal Express Entry system, or many Provincial Nominee Programs. As a means of addressing challenges in hiring for local businesses, the application process incorporates requirements on both the employer and the prospective employee’s side, thus shifting some responsibility to employers. Employer involvement at the initial stage of the Atlantic Immigration Pilot process is intended to foster employment relationships which seek to hire long-term employees who will remain in the Atlantic provinces following a positive permanent residence finding.
The Process
Designation
The AIP process begins with the employer, who must apply for designation through their provincial government. In order to be designated, the organization must be in good standing with occupational health and safety legislation, demonstrate that they have been a genuine, active, and ongoing business for at least 2 years, and that the employer will be available to work with a settlement service provider to assist the applicant employee in settling in the province. Employers need only apply once for designation, rather than completing the process for each candidate.
Endorsement
Prior to the candidate’s application for permanent residence, the provincial government must review the details of the employer’s job offer and settlement plan to ensure that the candidate and accompanying family will make an easy transition to life in the province. Should these be approved, the provincial government will issue the candidate a Certificate of Endorsement. As with all other steps of the AIP, requirements for a complete Endorsement application will vary by Atlantic province to province.
Of particular importance to the endorsement application is a settlement plan personalised to the needs of the candidate and their accompanying family, which outlines resources and structures to assist the candidate in settling and integrating in Canada. Employers should work with recognised local settlement service providers to establish the settlement plan.
Candidate Application for Permanent Residence
Upon receipt of the provincial Certificate of Endorsement, candidates should compile all documentation to corroborate their eligibility for permanent residence under one of the streams of the AIP. Along with supporting documents for their application, candidates will be required to submit all application forms specific to one of the three AIP programs. At this stage, Candidates will apply directly to the Federal government, rather than to the Atlantic Province, for consideration of their permanent residence application. Applicants and their accompanying spouses can additionally apply for a work permit for a period of 1 year, to allow them to work in Canada during the processing of their application for permanent residence. The merits of an application for permanent residence under the AIP will be considered against the completeness of the application, meeting the eligibility criteria for one of the streams, as well as the admissibility of the applicant and their accompanying family.
Categories – Eligibility Criteria
The AIP is made up of three separate programs, which individually contain specific employment and educational prerequisites for entry into the class. Common across all programs of the AIP, applications must be supported by a job offer by a designated employer, which is full-time, non-seasonal, and of a minimum 1-year duration.
Atlantic High-Skilled Workers Program
The High-Skilled Stream of the Atlantic Immigration Pilot Program is geared towards individuals who have completed at least 1 year (of at least 1,560 hours) of paid employment in a National Occupational Class (NOC) O, A, or B position in the past 3 years. Skilled employment for this category may include part-time or full-time jobs which can be counted with different employers, but must be achieved in a single occupation. Additionally, candidates must provide language test results that demonstrate a Canadian Language Benchmark (CLB) or Niveaux de Competence Linguistique Canadiens (NCLC) of at least 4 in all tested language categories. Candidates for the High-Skilled Stream must provide evidence of having completed a Canadian high-school diploma or an Educational Credential Assessment (ECA) which demonstrates the equivalent of a Canadian secondary or post-secondary degree for foreign studies. Applicants must submit proof of adequate funds to support themselves and their family, with exact minimums subject to family size. Finally, applicants will need to meet all requirements for admissibility to Canada, or if applying from inside Canada, to have demonstrated valid immigration status.
Intermediate-Skilled Workers Program
This program is available to two categories of workers – those who have at least 1 year of work experience in a NOC skill level C, or individuals who will be entering the Canadian labour market as a nurse’s aide, orderly, or patient services associate (NOC 3414) or home support worker (NOC 4412). NOC skill level C jobs are those which usually require a secondary (high school) education, or job-specific training. Applicants under the NOC 3414 or NOC 4412 option must evidence the requisite 1 year in the past 3 years of work experience as a registered nurse, or registered psychiatric nurse (NOC 3012), or as a licenced practical nurse (NOC 3233). Similar to the High-Skilled program, applicants must provide proof of a CLB or NCLC minimum 4 in all tested language areas, Canadian or equivalent foreign studies of a Canadian high school or post secondary degree, as well as proof of funds to support the applicant and their family in Canada.
International Graduate Program
Unlike the previously noted workers’ programs, the International Graduate Program requires no work experience to be shown by applicants. Instead, eligible candidates will have completed at least a 2-year degree from a publicly-funded learning institution in one of the Atlantic provinces. Applicants should note the following requirements to be met by their educational studies: that they must have been a full-time student throughout the duration of their degree course, that they graduated within 24 months of submitting their application to the Atlantic Immigration Pilot Project, that they lived in the province where their degree was achieved for at least 16 of the 24 months counted, and that they were studying under a valid temporary residence visa or permit. As with the High and Intermediate Skilled Worker programs, applicants must also include proof of adequate language scores and funds to support theirtransition to life in Canada.
Advantages of the program
The AIP may be an advantageous program for individuals wishing to apply for permanent residence, but who are facing challenges in meeting the rigorous requirements of the Federally run Express Entry system. As the AIP does not incorporate a lottery, as in Express Entry, candidates will not be competing against other candidates for acceptance into the program. Rather, applicants will be assessed based on the merits of their applications and meeting the eligibility requirements of the AIP program under which they are applying. With a comparable processing time of 6 months, following the expression of interest and endorsement by the Atlantic employer, processing standards are similar to achieving permanent residence under the Express Entry program.
Most significantly, the AIP addresses the employment needs of a variety of sectors and skill levels. Where applicants to Express Entry may face challenges in demonstrating the necessary skilled work experience at a NOC 0, A, or B skill level, the Intermediate Skilled Program under the AIP may provide the opportunity for candidates with NOC C experience to apply.
For those with lower CLB or NCLC scores, the AIP requires candidates to demonstrate that they have basic proficiency in English or French, which equates to at least a level 4 across listening, speaking, reading, and writing test results. A further benefit of the AIP is significantly lower settlement fund requirements, with no need for settlement funds should you already be employed in Canada under a valid work permit at the time of application.
Where employers require that a position be filled quickly, the AIP also offers the ability for candidates to obtain a 1-year work permit in conjunction with their application for permanent residence. Interested employers and foreign workers must submit proof of a valid job offer, a referral letter from the Atlantic province where the employee will be working, and a commitment for the candidate to apply for permanent residence within 90 days of submitting the application for the temporary work permit. Applicants for a temporary work permit should note that they will be required to submit evidence of meeting the language, education and work experience requirements of their AIP program at the time of submitting their work permit application. Accompanying spouses, or common law partners will also be eligible for an open work permit, should their primary applicant spouse or common-law partner be working in a NOC Skill level 0, A, B, or C position.
From an employer’s perspective, the AIP poses a far less onerous bar to hiring foreign candidates than that required for a positive Labour Market Impact Assessment. Although the individual Atlantic Provinces maintain separate standards for demonstrated recruitment efforts on the part of the applicant employer, these are generally less stringent than those of the LMIA. Additionally, the AIP does not require employer applicants to pay a fee per foreign worker, unlike the CAD$1,000 required per foreign worker under an LMIA.
Take the Next Step!
If you would like to discover your Canadian Immigration options under the Atlantic Immigrant Pilot Program, we welcome you to contact us for further information on the program and an assessment of your eligibility.
Please note that as a result of the Covid-19 pandemic, some program processing times and program availability may be impacted. Veall Immigration Law is well informed of these changes and can direct you best on the changing landscape of immigration processing at this time.