Skilled Workers

If you're not an investor or self-employed entrepreneur, there are two ways for you (as a skilled professional or vocational worker) to immigrate to Canada.

The easier and quicker route to immigration is to find an employer willing to sponsor your visa. An employer may sponsor you either on a limited or temporary basis, usually for a one- or two-year period, or on a permanent basis, for an unspecified period (no closing date). Unless you have very specific and sought-after skills and attributes, most employers will opt to sponsor you on a temporary basis, thus allowing them to get to know you before committing to a long-term visa.

The second way to enter Canada is based upon your own merits and doesn't require a sponsor per se. This involves proving that you will have a significant contributing role in our society, especially economically, and that your entry into the Canadian labour force will not adversely affect the job market. In the latter case, this generally means that your occupation must be deemed to be in demand in Canada or in a particular province (if applicable).

Temporary visas are generally awarded for a year or two or up to the time you leave your job, whichever occurs first, regardless of the reasons you leave (resignation, termination with or without cause, layoff). Permanent resident (PR) visas are basically awarded for as long as you're in Canada or if you intend to return to Canada. In the latter case, PR visa holders may actually leave Canada for a year or two without losing their resident status.

The step-by-step process of obtaining a temporary or permanent visa differs if you intend to live in a specific province, such as in Alberta or British Columbia, versus anywhere else in Canada. The provincial process, however, is reserved for permanent settlement only, although a temporary visa may be issued while your provincial case is being assessed. We'll refer to the Provincial Nominee Programme (PNP) as the provincial process and the non-PNP process as the federal option even though both systems involve federal elements at some point in the process, since admissibility to Canada is ultimately a federal responsibility. For example, in the Alberta Immigrant Nominee Programme (AINP), Citizenship and Immigration Canada (CIC) will review your application for a visa and issue your visa only upon the recommendation of the Alberta ministry responsible for immigration. In Alberta, that recommendation is in the form of a nominee certificate. The federal government – and by extension, the Canadian embassy or consulate (if an applicant is applying from outside Canada) – will not issue a permanent visa for settlement in a province without a proper PNP "certificate".

The federal process is similar to the provincial process except that PNP certificates are not required and the federal process allows for temporary one- or two-year visas. In this case, federal sponsors (employers) will require a labour market opinion (LMO) before a temporary work permit is considered. Briefly, LMOs are awarded if your entry into the labour market is deemed not to have an adverse impact upon the Canadian workforce. A labour market certificate is awarded if your entry into the workforce is deemed to have a positive or neutral impact. In some cases, an LMO is not required.

To make matters more complicated, the province of Quebec has its own temporary and permanent immigration programmes called the "Certificat d'Acceptation du Québec" (CAQ) and the "Certificat de Séléction du Québec" (CSQ), respectively, but for the sake of brevity, we'll leave that category out altogether. For the most part, applicants must be proficient in French to qualify for the Quebec skilled worker programme.

Clients have five options to consider when contracting with our firm to prepare and submit an immigration package.

For temporary permits, clients may choose our firm to perform the job search and work permit application process until an offer letter and work permit are secured. Others opt to do their own job research and contract with us for the latter part only. For permanent applications, clients may elect to have us do the PR visa process without sponsorship or assign our firm to coordinate with a long-term sponsor to prepare a PR visa under an arranged employment programme. Finally, some clients opt for a combined "temporary and permanent" strategy by directing our firm to pursue a temporary sponsor while submitting an application for a PR visa with or without sponsorship at the same time.

To summarize, our firm's five typical deliverables for skilled professionals are the following:

1. The job search and the work permit process (clients don’t have an offer letter)
2. The work permit process only (clients are in possession of an offer letter)
3. The PR visa process without securing a sponsor
4. The PR visa process with arranged employment
5. A temporary work permit sponsor and the PR visa process

Unless we're asked to prepare or polish a resume or conduct research on a given sector, such as the outlook of the commercial real estate market in Canada, there's no recruitment fee on the part of the sponsored applicant at this stage. If we find a sponsor on behalf of a client, however, a percentage of the employee's salary will be awarded by the employer (usually in the vicinity of 10 to 15 per cent depending upon the demand for that occupation). Again, this fee is not assumed by the employee, only the employer. In fact, it is illegal to receive money for recruitment purposes from an employee (other than for resume preparation). In the western provinces such as British Columbia and Alberta, recruiters also need to be licenced. (We thus urge all clients who utilise a professional employment agency to make sure it is duly licenced as required by provincial law.)

1. Temporary Applicants – Clients without an Offer Letter

In the process of securing a job offer in the federal programme, our firm will blitz (for lack of a better word) your resume throughout Canada (except in the province of Manitoba) for use by employers and employment agencies. If, after six to eight weeks, we're able to match your candidacy with a position in Canada, we'll work with the employer to secure a supporting LMO if the employer doesn't have such a certificate. If the employer does possess an LMO, we'll need to validate it while substantiating that the open position matches your work experience. An interview with a federal immigration officer in the country where you applied may also be required, in which case we'll help prepare your interview.

Key deliverables in the "Temporary Applicants – Clients without an Offer Letter" category:

• Do a job search until offer letter is secured (no charge).
• Validate employer’s salary as meeting prevailing wages.
• Validate employer's labour certificate (LMO), if required. (If an employer doesn't have a labour certificate, we can apply for one on the employer's behalf or work with the employer's attorney/immigration consultant to obtain one.)
• Do interview (with the immigration officer) preparation.
• Co-ordinate background police check where required.
• Co-ordinate medical examination, if required.
• Prepare and submit all government forms, including supporting documentation.
• Prepare cover letter summarising your case, with a concluding statement on why we think you qualify for a work permit.

We urge all temporary work permit holders to contact our firm after six months on a job to begin the process of transitioning to permanent status. We can work with your employer to facilitate this critical process. Once you have PR status, your path to citizenship can truly begin!

A summary of deliverables is listed in Table A below. Click here to go directly to the table.

2. Temporary Applicants – Clients with an Offer Letter

For clients who prefer to do their own job search it is ultimately the client who is responsible for securing his own offer letter or work contract. While clients are, of course, free to pursue their own work permit application following an LMO (or provincial authority under a PNP), we urge all customers to use a licensed representative or immigration lawyer for a couple of reasons. First, a licensed representative can check whether the LMO or provincial nomination is genuine and valid. Second, the position described on the LMO or PNP certificate must correspond to the applicant's actual work experience via supporting evidence. These last deliverables, aside from the work permit application itself, are just some of the critical functions that a licensed immigration consultant will do on your behalf.

Key deliverables for the "Temporary Applicants – Clients with an Offer Letter" category:

• Validate employer’s labour certificate (LMO), if required. (If an employer doesn’t have a labour certificate, we can apply for one on the employer’s behalf or work with the employer’s attorney/immigration consultant to obtain one.)
• Do interview preparation (with the immigration officer).
• Co-ordinate background police check where required.
• Co-ordinate medical examination, if required.
• Prepare and submit all government forms, including supporting documentation.
• Prepare cover letter summarising your case, with a concluding statement on why we think you qualify for a work permit.

We urge all temporary work permit holders to contact our firm after six months on a job to begin the process of transitioning to permanent status. We can work with your employer to facilitate this critical process. Once you have PR status, your path to citizenship can truly begin!

A summary of deliverables is listed in Table A below. Click here to go directly to the table.

3. Permanent Resident Applicants – Clients without Sponsorship

The vast majority of PR visa applicants without sponsorship should consider the Federal or Quebec programme. For provincial nominees, non-sponsorship applicants are rare because most PNPs are employer-centric. In other words, the majority of provincial nominees require an employer to sponsor a PNP visa. An important exception to this rule, however, applies to US visa holders.

US visa holders who are currently working in the US on an H-1B, H1-C (nurse in health professional shortage area), H1B1 (Chilean or Singaporean national in a specialty programme) or E-3 (Australian national in a specialty programme) may qualify for a PNP under the Albertan "US Visa Holder" category (see below). Contact our firm immediately if you think you may qualify.

1. US Visa Holder

If a candidate is currently working in the US, possesses a valid visa and has at least one year of work experience while holding any of the following US visas–H-1B, H1B1, H-1C, E-3–in any of the occupations currently "under pressure" in the province of Alberta, our firm may prepare an Alberta PNP application on a client's behalf. Contact a firm representative if you think you may qualify under this programme.

While the US Visa Holder program has a clearly defined step-by-step process, most applicants have misconceptions about this difficult-to-qualify category. Unlike the Federal program, the US Visa Holder program only considers the very "best proposals". In other words, the above requirements are only the minimum qualifications. Applicants in this category must provide a "compelling" substantiation of his intent to settle in the province of Alberta. Vaguely worded settlement plans, as we refer them, will not result in success just because the applicant has an H-1B for a couple of years in a qualified occupation.

Key deliverables in the “US Visa Holder” category:

• Obtain US visa validation (principal applicant and all family members).
• Validate occupation and position.
• Obtain write-up and proof of intent to live in the nominee province (with evidence).
• Do interview (with the immigration officer) preparation.
• Co-ordinate background police check where required.
• Co-ordinate medical examination, if required.
• Prepare and submit all government forms, including supporting documentation.
• Prepare cover letter summarising your case, with a concluding statement on why we think you qualify for a PR visa under the AINP.

Should you fit in the "US Visa Holder" category, we urge you to prepare your application promptly as occupations may be removed without notice due to recessionary pressures in Canada. Contact our office if you think you qualify!

A summary of deliverables is listed in Table A below. Click here to go directly to the table.



2. Federal Skilled Worker (FSW) without Arranged Employment (AE)

The Federal Skilled Worker without Arranged Employment process has three basic requirements: You must pass a federal point system assessment, have one year of continuous experience in a professional (such as an engineer or accountant) or vocational (such as a welder or electrician) or managerial (such as a financial manager) position and have at least one year of experience in an "eligible occupation." The 67-point test awards various points for your education, language, age, etc. If you obtain 67 points or more, you qualify. However, under the federal system, if you don't have a sponsor, only about thirty occupations qualify. For example, if you score 75 points but you've been an elementary school teacher all your life (as opposed to a university professor), you're deemed not to be eligible under the FSW programme because elementary teachers are not included in the occupations deemed to be eligible for permanent residency without sponsorship. (If, on the other hand, you're able to secure a sponsor from a private or public elementary school prior to the application, then you qualify under both the temporary and permanent programmes.) To view those occupations eligible for permanent residency without sponsorship, contact a firm representative.

Key deliverables in the “Federal Skilled Worker” category:

• Validate occupation and position.
• Follow R11 strategy (determining where the file should be adjudicated).
• Provide federal point system assessment and supporting documentation.
• Do interview (with the immigration officer) preparation.
• Co-ordinate background police check where required.
• Co-ordinate medical examination, if required.
• Prepare and submit all government forms and supporting documentation.
• Prepare cover letter summarising your case, with a concluding statement on why we think you qualify for a PR visa.

Should you fit the “Federal Skilled Worker” category, we urge you to prepare your application promptly as occupations may be removed without notice due to recessionary pressures in Canada.

A summary of deliverables is listed in Table A below. Click here to go directly to the table.

4. Permanent Resident Applicants – Clients with Arranged Employment

About 90 per cent of Federal or Provincial Nominee Permanent Resident applications with arranged employment stem from temporary work applicants. Unless you're in an occupation under extreme demand, such as the case for registered nurses (with a BSN) or certain fields in the construction sector (preferably with a US-based journeymen certificate), employers will opt to get to know you first (work ethic, performance, personal discipline, etc.) before taking the chance on a permanent application. The reason is simple: Under a temporary visa, your permit is valid for as long as you remain employed with the sponsor. Even a change in duties within the company will trigger a new work permit. Conversely, under a PR visa, you can "job hop" without having to leave Canada (or obtain another work permit). A PR visa is the US equivalent of a "green card."

For the reasons stated here, most of our support under this category comprises working with your existing employer to switch your temporary status as a work permit holder to a permanent visa holder. In this transition, we may opt for the federal process either under the "Federal Skilled Worker with Arranged Employment" category (Federal) or under any one of a dozen provincial nominee programmes ("PNP"). Under the Federal programme, our firm will also work to obtain an arranged employment opinion (AEO) if one is required. An AEO confirms that the job offer is genuine and that prevailing wages are offered to the skilled worker.

When your application is ready, we'll submit your file as your representative. In permanent applications, interviews by an immigration officer are normal. Should you and your family members be asked to appear in person (in Buffalo for US applicants or at the embassy in most other countries), our firm will assist you in preparing for that critical interview so that you're not surprised by any of the questions. Aside from the obvious assessment and application process, we also provide (in a facilitator capacity) some other key functions to support your application. Examples of these include helping you obtain police clearance or background checks. We'll also help you obtain proof of language proficiency by putting you in contact with testing facilities in your area and we'll provide you with the names and locations of "Designated Medical Officers" as required for your medical examination.

A summary of our deliverables for non-sponsored PR applicants is provided in Table A below.

Key deliverables in the "Permanent Resident Applicants – Clients with Arranged Employment" category (under the Federal or Provincial Nominee Program or PNP channel):

• Validate offer letter and do match-up with the required national occupational classification.
• Validate employer’s labour certificate (LMO), if required. (If an employer doesn’t have a labour certificate, we can apply for one on the employer’s behalf or work with the employer’s attorney/immigration consultant to obtain one.) (FSW)
• Validate and/or prepare an AEO, if required. (FSW)
• Do federal point system assessment and obtain supporting documentation. (FSW)
• Do provincial assessment and provide supporting documentation. (PNP)
• Do interview preparation (federal and/or provincial).
• Co-ordinate background police check where required.
• Co-ordinate medical examination, if required.
• Prepare and submit all government forms and supporting documentation.
• Prepare cover letter summarising your case, with a concluding statement on why we think you qualify for a PR visa.

5. Temporary and Permanent Resident Applicants – Clients Applying Simultaneously

For clients who desire to pursue immigration in a more aggressive manner, putting a PR application in play while looking to secure a sponsor for a temporary one- or two-year permit is a common and perfectly legal strategy. In this scenario, our firm will prepare and submit a PR application under the FSW programme without sponsorship while at the same time broadcasting the client's resume with employers throughout Canada until an offer letter is secured. If a valid offer letter is obtained and the employer, upon our inspection, is deemed qualified to hire a foreign worker, we'll forward the offer to the client for his consideration. If the client declines the offer, the search continues. If the client approves the offer, we'll prepare the work permit associated with the offer.

Work associated with this popular option combines the deliverables discussed under the "Temporary Applicants – Clients without an Offer Letter" and "Permanent Resident Applicants – Clients without Sponsorship" (Federal Skilled Worker) categories (see 1 and 3b above).

Table A: Firm Deliverables in the Provincial and Federal Skilled Worker Programmes

Skilled Professionals*	PNP (≠ Quebec)	Quebec (CAQ)	Federal (WP)
Temporary Work Permit without Offer Letter
Market Research	N/A	√	√
Resume Blitz		√	√
Labour Certificate Validation (LMO)		√	√
Position versus Job Experience Match-Up		√	√
Work Permit Application		√	√
Temporary Work Permit with Offer Letter
Resume Preparation	N/A
Market Research
Resume Blitz
Labour Certificate Validation (LMO)		√	√
Position versus Job Experience Match-Up		√	√
Work Permit Application		√	√
Skilled Professionals*	PNP (≠ Quebec)	Quebec (CSQ)	Federal (FSW)
Permanent Resident Applications without Arranged Employment and without Offer Letter [Alberta Only – US Visa Holders Only]
Resume Preparation	√	N/A	N/A
Language Test (as a facilitator)	√
US Visa Validation	√
Background Test or Police Clearance (as a facilitator)	√
Assessment Test (67-Point) – FSW Only
Skilled Worker Application (AINP/FSW)	√
Interview Preparation	√
Medical Kit	√
Settlement Kit	√
Permanent Resident Applications wishing to transition their Work Permit status to Permanent residency
Resume Preparation	√	√	√
Language Test (as a facilitator)	√	√	√
Background Test or Police Clearance (as a facilitator)	√	√	√
Assessment Test (67-Point) – FSW Only		√	√
Skilled Worker Application (PNP/FSW)	√	√	√
Interview Preparation	√	√	√
Medical Kit	√	√	√
Settlement Kit	√	√	√

*Not applicable for self-employed entrepreneurs and investors.

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