On July 2, 2015, the British Columbia Provincial Nomination Program (“BC PNP“) re-launched with new program requirements and processes. The BC PNP remains divided into the Skills Immigration stream and the Entrepreneur Immigration stream. The most significant changes to the BC PNP include: Introducing an online application process with an electronic payment system; Streamlining the Business Skills and Regional Business programs into one Entrepreneur Immigration stream based on an expression of interest model similar to Citizenship and Immigration Canada’s (“CIC”) Express Entry program; Capping the intake in the Skills Immigration program to 200 new applications in 2015 (Express Entry BC, the Health Care Professionals Stream, and the North East Pilot Project are excluded from this cap); and Requiring in the Skilled Immigration Stream that applicants with job offers in National Occupational Classification (“NOC”) B positions pass an English language test. Skills Immigration and Express Entry BC The Skills Immigration is divided into the following substreams: Skilled Worker Health Care Professionals International Graduates International Post-Graduates Entry Level and Semi-Skilled North East Pilot Project As well, the Express Entry BC stream is divided into the following substreams: Skilled Worker Health Care Professional International Graduate International Post-Graduate Most of the requirements to the Skills Immigration … Read More
Judicial Reviews of BC PNP Decisions
An interesting aspect of judicial review is that provincial courts show much more deference to provincial nomination programs than the Federal Court does of visa officers. Here are some key passages of two British Columbia Provincial Nomination Program judicial reviews. Chaudan v. British Columbia (Ministry of Jobs, Tourism and Skills Training), 2016 BCSC 2142 This case essentially stands for the proposition that officers can look beyond an offer of employment to determine whether a proposed job offer meets BC PNP program requirements. Justice Bowden wrote: In determining whether an applicant met the criterion of PNP, if a decision maker relied only upon a future offer of employment, that might well be unreasonable. Not only would that ignore the factor of past employment over a nine month period but also an offer of employment in the future is not an assurance that the criterion will be met. Raturi v. British Columbia, 2017 BCSC 9 In this case Madam Justice E.A. Arnold-Bailey provided a useful summary of existing jurisprudence on provincial nomination judicial reviews. She wrote: Moving from more general statements of principle to specific cases more closely aligned to the present case, I note that among the cases referred to by the … Read More
Summary of June 26 Changes to BC PNP Guide
On June 26, 2018 the British Columbia Provincial Nomination Program (the “BC PNP”) clarified and/or modified several aspects of its programs. Skilled Immigration The more significant revisions that applicants and practitioners should be aware of are: Previously, applicants to the BC PNP – Skilled Worker programs, and their spouses, could not have a combined ownership / equity stake of more than 10% in the British Columbia company that was offering them employment. Now, they cannot have held more than 10% ownership in the five pear period preceding the application and throughout the BC PNP application process. Applicants to the BC PNP Tech Pilot must now qualify under 1 out of 29 eligible occupations. The job offer must be at least one year in duration, and there must be at least 120 calendar days remaining on the job offer at the time of the application. The BC PNP previously would not nominate individuals if they were not lawfully admitted in their country of current residence. This requirement has been removed. Post nomination the BC PNP no longer wishes for employers to notify them of any promotions, and instead wants to be notified of demotions. The BC PNP has changed the wording … Read More
Summary of November 1 Changes to BC PNP Guide
On November 1, 2017 the British Columbia Provincial Nomination Program (the “BC PNP”) clarified and/or modified several aspects of its programs. Skilled Immigration The more significant revisions that applicants and practitioners should be aware of are: The International Graduates and International Post-Graduate programs have long excluded graduates from distance education programs from being eligible. As well, a person’s education has not been eligible for Skills Immigration Registration System (“SIRS”) ranking points if it was obtained through distance education. The BC PNP has now defined “distance education.” It means “a program of study in which the majority of credits earned by the student toward the completion of a program were earned by completing online courses. The BC PNP has removed the requirement that candidates meet the employment requirements for offered positions, as per the National Occupational Classification (“NOC”) website. However, the BC PNP may still refer to the NOC website to determine the minimum qualifications for an occupation. Previously, an applicant could not have an ownership/equity take of more than 10% in the B.C. company that is offering employment. The BC PNP has changed this requirement to state that an applicant and his/her pouse cannot have a combined ownership/equity … Read More
BC PNP September 1 Changes
On September 1, 2016, the British Columbia Provincial Nomination Program (“BC PNP“) published changes to its program guide. Here is a summary of the changes. Topic Original Change Representatives If you are invited to apply and your employer is using a representative, your employer must also complete their own use of representative form, even if your employer is appointing the same representative. If you are invited to apply and you are using a representative, your employer must also complete their own use of representative form, even if your employer is appointing the same representative. Refunds If invited to apply, you must submit the $550 application fee with your online application before your application will be processed. Incomplete applications will not be processed and fees may not be refunded. If invited to apply, you must submit the $550 application fee with your online application before your application will be processed. Incomplete applications will not be approved, and application fees will only be refunded if you withdraw your application before the BC PNP begins to assess it. You may contact the BC PNP at PNPinfo@gov.bc.ca to withdraw your application and find out if you are eligible for a refund. Please provide your … Read More
The BC PNP Skills Immigration Programs in 2016
On January 27, 2016, the British Columbia Provincial Nomination Program (“BC PNP“) re-opened its Skills Immigration and Express Entry BC programs, and introduced the Skills Immigration Registration System. The Skills Immigration Registration System is an expression of interest system to manage BC PNP Skills Immigration application intake. It is similar to Immigration, Refugees and Citizenship Canada’s (“IRCC”, previously “CIC”) Express Entry system, as only registrants who are invited by the BC PNP to submit full nomination applications can actually apply for nomination certificates. Simply meeting program requirements does not guarantee an Invitation to Apply for nomination. The BC PNP determined that an application intake management system would be necessary in 2016 as the BC PNP had to frequently suspend intake to its programs in 2015. On March 31, 2015, the BC PNP announced a 90-day pause on intake to its Skills Immigration programs. On July 2, 2015, the BC PNP re-opened its Skills Immigration program to limited intake, and the programs were full within 36 hours. On September 1, 2015, the BC PNP suspended intake to its Express Entry BC programs, and, with the limited exception of a 50 spot opening in November, the BC PNP has not accepted applications to … Read More
Western Canada PNP’s Reach Intake Threshold
With four months remaining in the year, both British Columbia’s and Alberta’s provincial nomination programs have announced that they are full. The ability of both provinces to meet the demands of their employers to retain foreign national employees on a permanent basis is clearly being cut off at the knees by federal quotas that appear to bare no resemblance to what is needed.
Should I Do BC PNP or CEC?
After the work experience requirement for the Canadian Experience Class went from two-years to one, many people have been asking whether they should apply for the BC PNP – Strategic Occupations – Skilled Workers program or the Canadian Experience Class. The following table shows some of the issues that applicants should be aware with each application. It was part of a larger table comparing the BC PNP to many federal economic immigration programs which I wrote in a paper for the 2013 Canadian Bar Association – British Columbia Branch Annual Immigration Conference. Issue BC PNP – Skilled Workers CEC Is a job offer required as part of the application? Yes, and the employer must have at least 3-5 employees depending on its location. No. In fact, there is no requirement that the applicant be employed during the processing of the application. If a job offer is required, can the applicant change employers? Not until after nomination, and the BC PNP may withdraw nomination if the new position does not meet program requirements. N/A If a job offer is required, does the employer have to do recruitment? Yes, although if the employee is a TFW the original recruitment is sufficient. N/A … Read More
BC PNP Suspends Fast-Track Option
Demonstrating once again why it is important for representatives to contain “change of law” clauses in their retainer agreements, the British Columbia Provincial Nominee Program (“BC PNP“) has effective immediately suspended the Fast Track nomination option in the business immigration stream. The suspension will affect applications in processing. Applicants with applications in processing who as of November 15, 2012, had not signed performance agreements with the Province of British Columbia (the “Province“) will not be eligible for the Fast Track option. Such applicants can either (1) continue under the regular nomination process, or (2) withdraw their application and receive a refund of their application fee. Through the Fast Track option, BC PNP business applicants who obtained PNP supported work permits and who had arrived in British Columbia to set up their respective businesses could request immediate nomination for permanent residence if they posted a $125,000 performance bond with the Province. The bond was returned without interest to Fast Track nominees when they fulfilled their respective PNP performance agreements, but was forfeited by nominees if they failed to meet their performance obligations. According to the Province, since 2007, only 26 Fast Track nominees successfully completed their performance agreements, compared with 261 business applicants nominated through … Read More