Permanent resident (PR) status in Canada may be pursued by foreign nationals in three main ways. These include a number of economic classes, the family class or the refugee or humanitarian class.[1] One way for a foreign national to be selected as a member of the economic class is by applying as a skilled worker.[2] The skilled worker class includes the provincial nominee class[3] and the Express Entry Program.
There are nine streams in which a foreign national may apply for PR in Nova Scotia’s provincial nominee class.
The Nova Scotia Labour Market Priorities stream is for candidates in the federal Express Entry System who meet Nova Scotia’s labour market needs. To be eligible, the applicant must receive a Letter of Invitation from the NSNP within the Express Entry System; submit their application within 30 days of the date of issuance of the Letter of Invitation; meet the minimum work experience requirements of the Express Entry stream for which they have qualified; demonstrate sufficient funds to establish themselves and their family in Nova Scotia and to pay their travel and immigration costs; meet the eligibility criteria; and have a valid Express Entry number and meet all IRCC criteria for the Express Entry pool.[4]
The Labour Market Priorities for Physicians stream is for physicians in the federal Express Entry System who: have an approved opportunity from the Nova Scotia Health Authority (NSHA) or Izaak Walton Killam Health Centre (IWK) as either a general practitioner and family physician or a specialist physician; received a Letter of Invitation from the NSNP within the Express Entry System; provided a copy of a signed Return for service Agreement with the Nova Scotia Department of Health and Wellness indicating commitment to live and work in Nova Scotia for a minimum period of two years; meet the minimum work experience requirements of the Express Entry stream for which they were qualified; demonstrate sufficient funds to establish themselves and their family in Nova Scotia and to pay their travel and immigration costs; and have legal status in their current country of residence.[5]
The Physician stream is designed with the purpose of helping the NSHA and IWK to hire general practitioners, family physicians and specialist physicians to work in Nova Scotia. An applicant must have an opportunity from the NSHA or IWK that: is signed and dated by a person authorized to hire physicians at the NSHA or IWK; signed and dated by the applicant who has accepted the opportunity; indicate eligibility for licensure with the College of Physicians & Surgeons of Nova Scotia; and indicate that the applicant is eligible to apply for privileges and credentials with the NSHA and WIK.[6]
The Entrepreneur stream is intended for experienced business owners or senior business managers who want to live in Nova Scotia. An applicant must: be 21 years of age or older; want to live permanently in Nova Scotia while owning and actively managing a Nova Scotia business; have a net worth of at least $600,000 CAD; be able to invest at least $150,000 of their own money to establish the business; have at least three years’ experience actively managing and owning a business (with a minimum of 1/3 ownership in the business) or more than five years’ experience in a senior business management role; prove a Canada Language Benchmark (CLB) score of at least 5 in speaking, listening, reading and writing in English or French; complete an online Expression of Interest; and receive an Invitation to Apply from the Nova Scotia Office of Immigration.[7]
The International Graduate Entrepreneur stream is for recent graduates of a Nova Scotia university or community college. An applicant must: want to live permanently in Nova Scotia while owning and actively managing a Nova Scotia business; have at least one year’s continuous experience actively managing and owning their current Nova Scotia business (and having at least 1/3 ownership in it); have completed a degree or diploma of at least two academic years of full-time study at a Nova Scotia university or community college; have a valid post-graduate work permit; prove a CLB score of at least 7; complete an online Expression of Interest; and receive an Invitation to Apply from the Nova Scotia Office of Immigration.[8]
The International Graduates in Demand stream is for recent international graduates whose skills and education match specific NOC job categories (currently: nurse aides, orderlies and patient service associates; and early childhood educators and assistants). An applicant must: have a full-time and long-term job offer from a Nova Scotia employer in a job category listed above that corresponds with their field of study; be between 21 and 55 years of age; have a secondary school diploma; has met the requirements for completing an applicable course of study within three years of the application; have certifications issued by Nova Scotia regulatory bodies required for the job; prove a CLB score of at least 5; and show enough financial resources to successfully settle in Nova Scotia.[9]
The Skilled Worker stream is for foreign workers and graduated international students whose skills are needed in Nova Scotia. An applicant must: have a full-time and long-term job offer from a Nova Scotia employer; if they are a skilled worker, have one year of work experience related to the job, or, if they are a semi-skilled or unskilled worker, have six months of experience working in the job; be between 21 and 55 years of age; have a secondary school diploma; have the appropriate training, skills and/or accreditation for the job; if they are a skilled worker, prove a CLB score of at least 5 or proof that English or French is their first language, or, if they are a semi-skilled or unskilled worker, prove a CLB score of at least 4; and show enough financial resources to successfully settle in Nova Scotia.[10]
The Occupations in Demand stream is for NOC C and D occupations that are in high labour market demand in Nova Scotia, particularly: nurse aides, orderlies and patient service associates; food and beverage servers; food counter attendants; kitchen helpers and related support occupations; light duty cleaners; transport truck drivers; heavy equipment operators – except cranes; construction trade helpers and laborers. An applicant must: have one year of work experience relevant to the job; be between 21 and 55 years of age; have a secondary school diploma; have the appropriate training, skills and/or accreditation for the job; prove a CLB score of at least 4; and show enough financial resources to successfully settle in Nova Scotia.[11]
The four main phases of the application process are: to get a job offer (if required); to gather required documents; to submit a complete application to the Nova Scotia Office of Immigration (NSOI); and, if successful, receiving a nomination from NSOI and applying to IRCC for PR status.[12]
The specific requirements and nuanced processes of the various streams of the NSNP makes the advice of immigration consultants and lawyers of value to applicants.
Judicial review is a court process that can be used to challenge a negative decision on a NSNP application.
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[1] Liew, Jamie Chai Yun and Donald Galloway, “Chapter 3: Status in Canada”, Immigration Law, 2nd Edition (Toronto, ON: Irwin Law Inc., August 2015).
[2] Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 12(2).
[3] Immigration and Refugee Protection Regulations, SOR/2002-227, s. 87.
[4] “Nova Scotia Labour Market Priorities”: https://www.novascotiaimmigration.com
[5] “Labour Market Priorities for Physicians”: https://www.novascotiaimmigration.com
[6] “Physician”: https://www.novascotiaimmigration.com
[7] “Entrepreneur”: https://www.novascotiaimmigration.com
[8] “International Graduate Entrepreneur”: https://www.novascotiaimmigration.com
[9] “International Graduates in Demand”: https://www.novascotiaimmigration.com
[10] “Skilled Worker”: https://www.novascotiaimmigration.com
[11] “Occupations in Demand”: https://www.novascotiaimmigration.com
[12] “A Guide for Candidates: Immigration Application Process”: https://www.novascotiaimmigration.com