Manitoba restructures its Provincial Nominee Program

Manitoba restructures its Provincial Nominee Program

Manitoba restructures its Provincial Nominee Program

Manitoba restructures its Provincial Nominee Program

Manitoba has announced a number of changes to its Provincial Nominee Program, including the creation of an in-demand occupations list and a new pathway aligned with Canada’s Express Entry system.

The measures are part of a broad restructuring and renewal of the Manitoba Provincial Nominee Progam (MPNP) to provide newcomers with new pathways to permanent residence in the province. The changes include the restructuring of three existing immigration streams — MPNP-B business immigration stream, Skilled Worker in Manitoba Stream and Skilled Worker Overseas Stream — and the creation of a new International Education Stream.

One of the key changes is the introduction of a new in-demand occupations list that will be used to prioritize Expressions of Interest (EOI) for inviting applications from the new Skilled Worker Overseas stream. That stream will now be subdivided into two pathways — the Manitoba Express Entry Pathway and the Human Capital Pathway.

The Express Entry Pathway, which is due to come into effect in January 2018, will allow Manitoba to nominate qualified applicants who meet the criteria for Canada’s Express Entry system and have an active Express Entry profile. Among other criteria, priority will be given to candidates who have a minimum of six-months experience in an in-demand occupation as well as a close friend or relative in Manitoba or a valid Invitation to Apply issued by the MPNP.

The Human Capital Pathway is for international skilled worker applicants with skills and training covered by the In-demand Occupations list, and who demonstrate a high potential for establishing themselves in their chosen occupations sooner after arrival in Manitoba. Family connections or previous post-secondary or work experience in Manitoba in the last five years are required to qualify for this stream, among other criteria.

Changes to MPNP-B and Skilled Workers in Manitoba

The MPNP-B stream has been renamed the Business Investor Stream (BIS), effective immediately, and it has been sub-divided into the Entrepreneur Pathway and the Farm Investor Pathway.

A government news release said the BIS will prioritize applicants who start a business within the first 12 months of their arrival in Manitoba, especially those who want to establish their business outside Winnipeg. Applicants in the Entrepreneur Pathway would receive a temporary work permit and rather than provide a good-faith deposit of $100,000, they would sign a business performance agreement to purchase an existing business in the province or start a new one. The province says the new criteria is scheduled to come into effect in the first quarter of 2018.

The new Skilled Workers in Manitoba Stream will also be subdivided into two pathways: the Manitoba Work Experience Pathway and Employer Direct Recruitment Pathway.

The Manitoba Work Experience Pathway is for applicants currently working in Manitoba with temporary work permits and whose jobs are not found on the In-demand Occupations list. The Employer Direct Recruitment Pathway is for international applicants with job offers from pre-approved Manitoba employers.

International Education Stream

Finally, the new International Education Stream is designed to provide “faster pathways to provincial nomination” for international students graduating in Manitoba and whose skills meet the needs of the province’s employers.

Effective in April 2018, the new stream will target graduates in science, technology, engineering and mathematics programs who are completing internships “that support industry innovation” in their fields of study. Under the new stream, Manitoba’s provincial government says international student graduates from Manitoba institutions who have found a long-term job in an in-demand occupation will no longer have to work for six months before applying for the MPNP.

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2,750 Express Entry candidates to apply in November 15 draw

IRCC invites 2,750 Express Entry candidates to apply in November 15 draw

IRCC invites 2,750 Express Entry candidates to apply in November 15 draw

IRCC invites 2,750 Express Entry candidates to apply in November 15 draw

Immigration, Refugees and Citizenship Canada have invited 2,750 candidates in the Express Entry pool to apply for Canadian permanent residence in a draw that took place on Nov. 15. The Comprehensive Ranking System (CRS) score of the lowest-ranked candidate issued an Invitation to Apply (ITA) was 439.

All candidates with a score above 439 were invited to apply. While some candidates with a score of 439 received ITAs, IRCC said a tie-break procedure was necessary, meaning only those candidates with a CRS score of 439 who entered their profiles in the Express Entry pool prior to a specified date and time were invited to apply. In this case, that time and date was October 19, 2017, at 12:02:28 UTC.

Today’s cut-off CRS score of 439 is 19 points lower than last week’s draw, which had a cut-off score of 458.

It is interesting to note that this latest draw was the fourth in three weeks, which has only happened once before since Express Entry was introduced. Canada announced new three-year immigration targets on Nov. 1  and more frequent draws could have the effect of increasing the number of ITAs issued and lowering the CRS cut-off score as candidates with higher scores are removed from the pool.

Under its recently announced Immigration Levels Plan, Canada is planning to welcome nearly one million new permanent residents between 2018 and 2020. Nearly 250,000 of those newcomers to be admitted through programs managed under the Express Entry system, namely: the Federal Skilled Worker Class (FSWC), the Federal Skilled Trades Class (FSTC), and the Canadian Experience Class (CEC). The number admitted through these programs is set to increase year-on-year.

This latest draw was the 78th draw to take place since the Express Entry system was introduced on Jan. 1, 2015, and the 28th since the start of 2017.  So far this year, 80,523 ITAs have been issued.

With fluctuating CRS thresholds, it is helpful to look at which sorts of candidates are receiving ITAs following the latest draw.

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Why Business Visitors Love Work Without A Work Permit

Why Business Visitors Love Work Without A Work Permit

Why Business Visitors Love Work Without A Work Permit

Why Business Visitors Love Work Without A Work Permit

In many cases, business visitors to Canada do not require a Canadian work permit.

A business visitor is a foreign national who comes to Canada to participate in international business activities, but who will not enter the Canadian labour market.

Canada is one of the world’s largest economies, attracting thousands of short-term business visitors each year. With an international market-oriented economy and as a member of the Organisation for Economic Co-operation (OECD) and the Group of 7 (G7), as well as signatory to the North American Free Trade Agreement (NAFTA), Canada strives to ensure that international business visitors can come to Canada on business trips. Subject to the nature of the work, as well as the individual’s nationality, certain business visitors can enter the country to conduct business or trade activity without needing a work permit.

Business visitors must demonstrate the following:

  • they plan to stay for less than six months,
  • they do not plan to enter the Canadian labour market,
  • the main place of business, and source of income and profits, is outside Canada,
  • they have documents that support their application and
  • they meet Canada’s basic entry requirements, because they
  • have a valid travel document, such as a passport,
  • have enough money for their stay and to return home,
  • plan to leave Canada at the end of your visit, and
  • are not a criminal, security or health risk to Canadians.

There are a number of reasons why an individual may come to Canada as a business visitor, including:

  • Attending business meetings, conferences, conventions, fairs, etc;
  • Buying Canadian goods or services on behalf of a foreign entity;
  • Taking orders for goods or services;
  • Providing after-sales service, excluding hands-on work in the construction trades;
  • Being trained by a Canadian parent company for work outside of Canada; and
  • Training employees of a Canadian subsidiary of a foreign company.

Business visitors to Canada may require a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).

Allowing international business people to do business in Canada is important for the continued economic success of the country. Similarly, countries that have trade agreements and strong economic partnerships with Canada generally allow Canadian business visitors to enter their countries as smoothly as possible. Visa reciprocity is an important aspect of Canada’s business outlook and economic success.

After-sales or lease services

Individual repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software) may be considered business visitors, and as such may not require a Canadian work permit.

Setting up does not include hands-on installation generally performed by construction or building trades, such as electricians or pipe fitters.

This provision also applies to individuals seeking entry to repair or service specialized equipment purchased or leased outside Canada, provided the service is being performed as part of the original or extended sales agreement, lease/rental agreement, warranty or service contract.

After-sales and lease services also include situations where the sales or lease agreement or purchase order is for a software upgrade to operate previously sold or leased equipment. A service person coming to Canada to install, configure or give training on the upgraded software may be considered a business visitor. A sales or lease agreement or purchase order for upgraded software is a new contract for a new product. Please note that hands-on building and construction work is not covered by this provision.

Warranty or service agreement

For warranty or service agreements, contracts must have been negotiated as part of the original sales or lease/rental agreements or be an extension of the original agreement in order for the foreign national to be considered a business visitor.

Service contracts negotiated with third parties after the signing of the sales or lease/rental agreement are not covered by this provision. Where the work to be performed in Canada is not covered under a warranty, a work permit and a Labour Market Impact Assessment (LMIA) is generally required.

Individuals not considered business visitors

In situations where a Canadian employer has directly contracted for services from a non-Canadian company, the employee of the foreign company performing the services for the Canadian company requires a Canadian work permit.

This situation arises most often in the context of the North American Free Trade Agreement (NAFTA). The service provider is not to be considered a business visitor simply because he or she is not directly receiving remuneration from a Canadian source. Since there is a contract between the Canadian company and the foreign worker’s employer, there is an entry to the Canadian labour market. And because the foreign employer is receiving payment for the service that is being provided, it is deemed that the worker is receiving payment from a Canadian source. Consequently, the worker cannot be considered a business visitor.

For example, an infrastructure project in Canada contracts the services of a U.S.-based urban planning firm, which sends a small team to Canada work on site. The team members are working in Canada, and the firm is receiving compensation for being engaged on the project. Therefore, the team members do not meet the criteria as business visitors to Canada.

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