Manitoba permanently reopens the Skilled Worker Overseas Stream and introduces process improvements

Manitoba reopened their Skilled Worker Overseas Stream on April 30, 2015 as part of their Manitoba Provincial Nominee Program (MPNP). Manitoba has become a popular destination for many skilled overseas workers over the last 10 years. Approximately 130, 000 people have immigrated to Manitoba over the last 10 years!

Manitoba PNP

Manitoba PNP targets individuals with the skills they need for the province, those who have a desire to settle in the province and have ties to Manitoba. Manitoba PNP has introduced new changes and improvements to the program to ensure future intake stages are not necessary, resulting in faster processing times and a responsive stream. The two main changes are Expression of Interest and Procedural Fairness.

The MPNP Skilled Worker Overseas Stream operates with an Expression of Interest model to target those individuals with the skills Manitoba currently requires in their labour market and easier application management. Procedural Fairness is being strongly enforced to ensure that all applicants can respond to concerns that they have about the application.

It differs from the federal immigration programs because Manitoba PNP directly enables the candidate to settle in the province of Manitoba through the Expression of Interest program. The Federal Skilled Worker Program allows candidates to settle in any province in Canada. Manitoba PNP is administered through their own Expression of Interest system that was introduced earlier this year in January.

It is similar to the Federal Skilled Worker Program because it uses a points-based system to assess candidates on relevant factors such as; age, language proficiency, work experience, education and adaptability. Manitoba PNP requires a minimum of 60 points to meet the eligibility requirements for the Skilled Worker Overseas program.

Connection to Manitoba

One of the main selection factors that Manitoba looks for in candidates are their ties to Manitoba. A successful candidate will demonstrate their connection to Manitoba through the support of family members or friends, through previous education or work experience in the province, or through an Invitation to Apply received directly from the Manitoba PNP as part of a Strategic Recruitment Initiative.

Manitoba Expression of Interest System

Manitoba’s Expression of Interest System is entirely separate from Canada’s Express Entry System. Both are similar in nature; however, candidates who are eligible for any of the streams under the Manitoba PNP, including, but not limited to, the Skilled Worker Overseas Stream, may submit profiles into the Manitoba Expression of Interest pool. Candidates are ranked according to the unique Manitoba PNP Ranking Points system and are awarded a score out of a maximum of 1,000 based on their eligibility criteria.

Candidates will be selected from the Manitoba pool and the candidates with the highest points may be issued a Letter of Advice to Apply (LAA) for Canadian immigration through the Manitoba PNP. After receiving an LAA, candidates will have only 60 days to submit a complete their application to the province of Manitoba.

Risk Assessment Factors - Manitoba PNP

Manitoba PNP will subtract 100 points if a candidate demonstrates they have family in provinces other than Manitoba and not many relatives in Manitoba itself; have previously worked, studied, or a have made an immigration application to a Canadian province other than Manitoba.

Procedural Fairness - Manitoba PNP

The second major change to the Manitoba Skilled Overseas Worker Program is the level of Procedural Fairness given to the applicant and application. Currently, a request for review of the application can be submitted after the applicant has received a negative decision. The new Procedural Fairness Process allow applicants to respond to and address the concerns and questions that Manitoba PNP representatives have before the final decision is made. This allows for a more transparent and informed process.

Conclusion

Manitoba is a popular destination for immigration because of its strong and stable economy. Its diversity and employment opportunities is what attracts many people in skilled work, professional careers, entrepreneurs and investors.

If the Manitoba Skilled Overseas Worker Program interests you, please feel free to contact us or fill out our free assessment form online and our team will be able to let you know if you are eligible. At A. Princewill Law Firm, we are the immigration experts that can successfully advise you on which immigration options are best for you. The Manitoba PNP steams require a lot of documents and information. Retaining a lawyer will provide you with the specific legal information you need. In addition, we know how MPNP access their applications and can advise you on what documents to provide to create a strong case. We will be there for you every step of the way, contact us to get started today! 

Labour Market Impact Assessment (LMIA)

What is a LMIA?

A Labour Market Impact Assessment (LMIA) is a verification that is done by Employment and Social Development Canada (ESDC) to ensure that when foreign workers come to work in Canada the Canadian Labour Market is not affected in a negative way.  ESDC requires the Employer to provide specific information regarding the employment position such as: number of Canadians who applied for the position, number of Canadians who were interviewed for the position and detailed explanations of why the Canadians who were qualified were not hired. ESDC wants to know employers are adequately taking steps to reduce reliance on temporary foreign workers. ESDC considers several factors including:

·         Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?

·         Are the working conditions consistent with labor laws and/or collective bargaining agreements?

·         Is there a labor shortage for that occupation in the area the position is located?

·         Is there an ongoing labor dispute in the company and/or industry?

·         Has the Canadian employer undertaken recruitment efforts in order to find Canadians to fill the position?

·         Will the foreign worker be able to transfer unique skills or expertise to Canadians?

·         Will hiring the foreign worker help to create or retain jobs for Canadians?

·         Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?

Obtaining a LMIA may be easier in less populated cities and regions as opposed to a major city.

Who needs a LMIA?

Majority of individuals require a LMIA unless listed as one of the exemptions. A LMIA is part of a two-step process and the application to the ESDC is the first step, the second step is an application to Citizen and Immigration Canada for a Work Permit.

Who does not need a LMIA?

·         Workers covered under International agreements

·         Dependants of Foreign Workers holding a Canadian work permit for a skilled position

·         Certain Provincial Nominees

·         Intra-Company Transferees

·         Co-op students

·         PhD students pursuing a post-doctoral fellowship at a Canadian university

·         Religious workers

·         Spouses and common-law partners of full-time foreign students

·         Participants in programs such as the Working Holiday Visa program or International experience Canada (IEC)

Although you may be exempted from a LMIA you are still required to obtain a Work Permit to work in Canada legally.

How to prepare a successful LMIA application

To prepare a successful LMIA application the employer needs to get started on gathering the following documents and taking the required steps to having a successful application:

·         The fee amount for each application (Processing fee $1000.00, Privilege fee $100.00);

·         Job advertisement must be activated for a minimum of 4 weeks before submitting the application;

·         Proof that an advertisement was posted on the Canadian Job Bank website;

·         Statistical tabulation such as:

1.       Numerical breakdown of the number of Canadian applicants for the position;

2.       The number of offers of employment made;

3.       The number of unqualified applicants;

·         Provide written description of why other candidates/applicants were not qualified for the position;

·         What procedure was taken to recruit or train Canadians;

·         Why Canadians were/are difficult to recruit for the position;

·         What proposal has been or will be arranged to train Canadians so the reliance on use of temporary foreign workers can be eliminated or limited;

Obtaining a positive LMIA requires following detailed guidelines, paying attention to details and providing a precise articulated position to Employment and Social Development Canada. Successful applications are greatly detailed, logical and well-articulated pieces of business communication.

Processing time

The processing time for an urgent LMIA is approximately 10 business days. ONLY available for applications pertaining to:

·         Jobs in high demand such as skilled trade workers

·         Jobs offering wages in the top 10% of wages earned by Canadians in that province or territory

·         Jobs with a short duration working period that doesn’t exceed 120 days (approx. 4 months)

The processing time for all other LMIA applications is between 12-16 weeks if a complete application package is submitted.

How we can help

At A. Princewill LawFirm we understand the importance of working in Canada legally and the stress of such an application. We would like to help you achieve a Positive LMIA in an expeditious and accurate manner. We have many years of experience enabling us to know how to strengthen your application and what ESDC is looking for. LMIA applications are extremely detailed, strict and will be returned if missing even the slightest requirement. We can effectively advise and assist you with your forms, documents and we monitor your application even after it is submitted. You will dramatically notice a difference when trying to apply on your own and applying with our services.

Let us help you determine your eligibility by filling out our free online assessment. One of our skilled team members will be able to assess and advise you on your situation.