- This article outlines the factors that determine whether a candidate can become economically established in Canada through the Provincial Nominee Program (PNP).
- To be eligible for a provincial nomination, a candidate must have the ability to become economically established in Canada, which means that they should be able to support themselves financially.
- IRCC officers assess an applicant’s ability to economically establish on a case-by-case basis, taking into account factors such as occupation, language ability, overall work experience, and education.
Canada’s Provincial Nominee Program (PNP) is the main pathway for economic-class immigrants. Immigration, Refugees and Citizenship Canada (IRCC) release an annual Immigration Levels Plan, outlining permanent residence admissions targets by immigration class and program. In 2023, the plan targets 105,000 new permanent residents through the PNP. To be eligible for a provincial nomination, a candidate must satisfy several conditions outlined in the Immigration and Refugee Protection Regulations (IRPR).
In a recent update, IRCC provided processing instructions to guide how they assess an applicant’s ability to become economically established under the PNP. This article provides insight into the assessment process, outlining the factors that determine whether a candidate can become economically established in Canada.
Ability to Become Economically Established
In order to be eligible for a provincial nomination, the nominee should be able to establish themselves economically in Canada. This would mean that the nominee should be able to support themselves (and any eligible dependents) financially. Although they are two different applications, most PNP applications contain much of the same information and have some of the same eligibility criteria as an application for permanent residence to IRCC. In most cases, getting a provincial nomination is considered enough proof of a candidate’s ability to become economically established.
At times, immigration officers are expected to do more than provincial nominations; that is, one has to review other factors such as the job the candidate currently holds or is offered, his/her proficiency in the language (evidence of testing for language proficiency, language of work experience, how the interviewee communicates), general work experience, and education. If the officer picks up anything they may be suspected of, other questions shall have to be formulated.
Case-by-Case Basis
IRCC officers will examine a candidate’s ability to economically establish on a case-by-case basis. For example, IRCC may have questions for a highly educated person who is nominated for a low or intermediate-skilled occupation. IRCC says this can be perceived as a bit of a mismatch, but it may adequately explain the candidate’s application. If the same candidate was offered a position that they were not trained for or experienced in, the officer can question the candidate’s labor market intentions.
Occupation and Retaining the Job
IRCC officers will compare the candidate’s occupation, based on the National Occupational Classification (NOC) code, with the information provided to determine their ability to retain the job. If the officer has concerns, the candidate will be invited to address them.
Relying on Financial Guarantee of a Relative
If an applicant is relying exclusively on the financial guarantee of a relative already residing in the province, the officer will examine the financial situation of the relative, their relationship with the applicant, and any other information that may help determine whether the applicant can become economically established in Canada.
Intention to Reside in a Province
The intention is a key factor for applicants who wish to obtain permanent residence through a PNP. The immigration officer must be satisfied that the applicant intends to reside in the nominating province or territory before issuing the permanent resident visa. The province or territory will assess this before nominating the candidate. Still, in cases where IRCC has cause to question the intent to reside, they will allow the candidate to address the concerns. This is to the principles of procedural fairness.
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The Growth of the PNP
PNP was formed in the year 1998, to help in spreading the economic benefits of immigration across Canada. Immigration is a joint responsibility between the provinces and the Canadian Federal government. Provinces can respond to their local labor shortages and search for candidates they feel are most ideal to meet the needs of the provincial economy.
In its early stage, the PNP granted admission to only 400 new permanent residents. To date, there are 117,500 who will be admitted to Canada under the PNP by 2023 as part of the government’s target of more than 1.2 million new permanent residents where a majority of the target is of economic immigrants.
Conclusion
he PNP is a key pathway for economic-class immigrants to achieve Canadian permanent residence status. Though most provincial nominations represent a clear indicator that a candidate has the ability to be economically established, there could be situations in which, to ensure the admissibility of a candidate, the department will have to look at other indicators. These elements would also continue to be factored into the case-by-case officer decisions at IRCC on such matters as the candidate’s occupation, language proficiency, general work experience, education, financial situation, and intent to reside in the nominating province. PNPs have allowed immigration benefits to be spread across the nation and its expansion has been congruent to the goals set by the government regarding economic immigration.
