Permanent resident (PR) status in Canada may be sought in three main ways by foreign nationals. These include a number of economic classes, the family class or the refugee or humanitarian class.[1] Applying as a skilled worker is one way for a foreign national to be selected as a member of the economic class.[2] The skilled worker class includes the provincial nominee class[3] and the Express Entry Program.
There are three ways to apply for PR in Manitoba’s provincial nominee class. The skilled workers stream is for where the applicant is a worker who has special skill, training or knowledge and who can meet the needs of Manitoba employers. The international education stream is for where the applicant is an international student who has graduated from an academic program in Manitoba and who meets the criteria of their specific pathway. The business investor stream is for where the applicant is an entrepreneur seeking to open a business in Manitoba or intending to establish and operate a farm in rural Manitoba.
There are two pathways under the skilled workers stream. The skilled workers in Manitoba pathway is for where the applicants has a strong connection to Manitoba through ongoing employment and has sufficient skills, education and training, work experience and language proficiency to contribute to Manitoba’s economy and community. The term “ongoing employment” means that the applicant has been offered long-term, full-time employment by a Manitoba company after the applicant has completed at least six months continuous employment with that company as either a temporary foreign worker or international student working graduate.[4] The skilled workers overseas pathway is for where the applicant has a connection to Manitoba through either 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 MNPN as part of its Strategic Recruitment Initiative.[5]
(Note: For the above stream, the company has to be incorporated under an Act of Manitoba or of Canada and has to be established and capable of offering the foreign national full-time and long-term employment in Manitoba. Any periods of self-employment, unauthorized work or co-op will not be included when calculating the period of qualifying work experience in Manitoba. Self-employed individuals, business owners, owner-operators and independent contractors are not eligible to apply as skilled workers in Manitoba and any work experience gained in those capacities will not be considered when calculating the qualifying period of work in the province.)[6]
The international education stream has three different pathways. The career employment pathway is for where the applicant has a full-time job offer from an eligible Manitoba employer consistent with the applicant’s completed program of studies.[7] The graduate internship pathway is for where the applicant has a masters degree or doctorate and has completed an internship at an eligible industry and research enterprise in Manitoba.[8] Lastly, the international student entrepreneur pilot is for where the applicant is seeking entrepreneurship, rather than employment, in Manitoba.[9]
There are two pathways for the business investor stream. First, the entrepreneur pathway is for where the applicant intends to open a business in Manitoba and otherwise possesses the minimum business experience, net worth, language proficiency and education legally required by the pathway.[10] Second, the farm investor pathway is for where the applicant intends to start and operate a farm operation in rural Manitoba and otherwise meets the pathway’s minimum requirements.[11]
The process of applying under the skilled workers and international education streams involves three main stages of: first, submitting an expression of interest to MNPN; then, if a letter of advice to apply is received, submitting an application to MNPN; and finally, if the application is approved, receiving a nomination that can then be used by the foreign national to make an application for PR status to the IRCC.[12]
The application process is different for each of the pathways of the business investor stream.
For the entrepreneur pathway, the basic steps are to fill out a Self-Assessment and Business Concept forms, submitting an Expression of Interest along with the Self-Assessment and Business Concept forms to the MNPN by email to BusinessStream@gov.mb.ca, upon receiving a letter of advice to apply to submit one’s application to the MNPN with the processing fee of $2,500, a review of the application by two business immigration officers and possibly an interview, if approved to arrive in Manitoba and attempt to establish the business (with a first report being required within 6 months of the date of arrival and a final report being required within 20 months), and MNPN making a final recommendation.[13]
For the farm investor pathway, the general phases are to complete the Farm Investor Pathway Interest Guidelines and Farm Business Concept forms, to submit them with a Code of Conduct for Immigration Representatives form (if applicable), upon receiving a letter of advice to apply to then submit the application to the MNPN, an assessment of the application and upon approval the payment of a $75,000 deposit, making an application for PR status in Canada, and arriving in Manitoba and establishing the farm business.[14]
The PNP process and requirements are intricate; therefore, it is expedient to reach out to a lawyer or immigration consultant for assistance.
If the MNPN decides to refuse an application under the skilled workers stream, the foreign national can request an internal review of that decision by completing a submitting a “Request to Review” form. A Request for Review (or RFR) must be in writing and signed and be submitted within 60 days of the date on the Refusal Letter. The request must provide sufficient details to indicate that the Program Officer may have made an error in the assessment of the application. The request must be based on documents included in the application at the time of assessment and not on new information or documentation. A foreign national can also seek judicial review of the MNPN’s decision to refuse an 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] “Skilled Workers in Manitoba”: https://www.immigratemanitoba.com
[5] “Skilled Workers Overseas”: https://www.immigratemanitoba.com
[6] “Determine Your Eligibility – Skilled Workers in Manitoba”: https://www.immigratemanitoba.com
[7] “Career Employment Pathway”: https://www.immigratemanitoba.com
[8] “Graduate Internship Pathway”: https://www.immigratemanitoba.com
[9] “International Student Entrepreneur Pilot”: https://www.immigratemanitoba.com
[10] “Entrepreneur Pathway”: https://www.immigratemanitoba.com
[11] “Farm Investor Pathway”: https://www.immigratemanitoba.com
[12] “Skilled Workers in Manitoba”, “Skilled Workers Overseas”, “Graduate Internship Pathway” and “International Student Entrepreneur Pilot”
[13] “Entrepreneur Pathway”
[14] “Farm Investor Pathway”