PNP Prince Edward Island

A foreign national may choose one of three courses to obtain permanent resident (PR) status in Canada. These tracks include: the economic classes, the family class or the refugee or humanitarian class.[1] A foreign national may be chosen as a member of the economic class by applying as a skilled worker.[2] The skilled worker class includes the provincial nominee class[3] and the Express Entry Program.

There are two main ways one may apply for PR in Prince Edward Island’s provincial nominee class. Immigrating to PEI as a worker can be applied for through: the critical worker stream, the skilled workers in PEI stream, the skilled workers outside Canada stream, the critical workers stream, the PEI Express Entry program and the international graduates stream. Immigrating to PEI as an entrepreneur can be applied for in either the work permit stream or through the purchase of a PEI business.

To be eligible to apply under the skilled workers outside Canada stream a foreign national has to: have a full-time and long-term job offer from a PEI employer in NOC skill O, A or B; have at least two years of full-time work experience in the past five years; have legal status in their country of residence; have successfully completed a post-secondary degree or diploma (minimum two year program); be between the ages of 18 and 59; have sufficient English or French language ability to perform the job offered; have sufficient financial resources to pay all immigration costs for him/her and their family to be able to establish in PEI; and demonstrate a genuine intention to settle in PEI.[4]

To be eligible to apply under the skilled workers in PEI stream a foreign national must: have a full-time and long-term job offer from a PEI employer in a NOC skill level O, A or B; have at least two years of full-time work experience in the past five years; have a valid work permit to be working in Canada; have legal status in their country of residence; have successfully completed a post-secondary degree or diploma (minimum two year program); be between the ages of 18 and 59; have sufficient English or French language ability to perform the job offered; have sufficient financial resources to pay all immigration costs for him/her and their family to be able to establish in PEI; and demonstrate a genuine intention to settle in PEI.[5]

To be eligible to apply under the critical workers stream a foreign national is required to: have a full-time and long-term job offer from a PEI employer in an intermediate skilled position, defined by the NOC skill level C or D; have worked a minimum of six months full-time for the PEI employer; have a valid work permit and legal status in Canada; possess a secondary school diploma; be between the ages of 18 and 59; have a minimum of two years work experience or relevant education in the past five years; provide an IRCC-approved language test with a minimum score of CLB/NCLC 4; have sufficient financial resources to pay all immigration costs for him/her and their family to be able to establish in PEI; and demonstrate a genuine intention to settle in PEI.[6]

To be eligible to apply under the international graduates stream a foreign national is obliged to: have a post-secondary degree or diploma from a publicly-funded PEI designated learning institution; have a full-time and long-term job offer from a PEI employer; have a valid post-graduate work permit and legal status in Canada; be able to attend an interview with a staff member of the Immigration Office of PEI; have sufficient English or French language ability to perform the job offered; be between the ages of 18 and 59; have sufficient financial resources to pay all immigration costs for him/her and their family to be able to establish in PEI; and demonstrate a genuine intention to settle in PEI.[7]

To be eligible to apply under the PEI Express Entry program it is mandatory for a foreign national to: meet the requirements of at least one of the federal immigration programs (either the federal skilled worker program, the federal skilled trades program or the Canadian Experience Class); and create a Federal Express Entry Profile through the IRCC and be placed in the pool of candidates.[8]

For candidates applying to immigrate to PEI as a worker, the application process is as follows. One should first read the Workforce Application Guide. Then, one must create a profile in the PEI Expression of Interest System. Once the account is verified, one can complete their profile. If invited to apply, one will receive an email containing their file number and how to submit their file. One must complete the application forms and one’s employer must complete the employer forms. There is no fee to create an Expression of Interest Profile; however, at the time of submitting an application for a provincial nomination, there is a processing fee of $300.

To be eligible to apply to immigrate to PEI under the work permit stream a foreign national must: have a minimum verifiable personal net worth of $600,000 acquired by themselves through legal and legitimate sources; have a secondary school diploma or equivalent; be between the ages of 21 and 59; have transferable management skills and past employment or business ownership experience; meet minimum language requirements equivalent to a CLB/NCLC; intend to live in PEI while providing daily active and ongoing management of the company; attend an interview with a staff member of the PEI Immigration Office; and meet the terms and conditions of the Performance Agreement entered into with the PEI Immigration Office.[9]

The application process for the work permit stream is similar to the one for the worker streams except that instead of reading the Workforce Application Guide one should read the Business Application Guide; the application fee is $10,000; and the application can be submitted in person or by mail or courier to 94 Euston St (2nd Floor), Charlottetown PEI.

To be eligible to apply to immigrate to PEI by buying a business: a PEI business owner can get in touch with a foreign national to potentially buy the business (for example, through the website www.peibusinessesforsale.com); the owner of the business must submit an application to the PEI Immigration Office to assess eligibility (called the Consent to Pursue Investment form, which can be submitted in person or by mail or courier to the above-noted address; there is no filing fee).[10]

The requirements and procedures of PNPs are particular and complex. The assistance of an immigration consultant or lawyer can be advantageous to an applicant to provide them with ease of mind in advising them about all of these details.

A foreign national has the ability to apply for judicial review of a decision by the Immigration Office to refuse their application for provincial nomination.

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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 Outside Canada”: https://www.princeedwardisland.ca

[5] “Skilled Workers in PEI”: https://www.princeedwardisland.ca

[6] “Critical Workers”: https://www.princeedwardisland.ca

[7] “International Graduates”: https://www.princeedwardisland.ca

[8] “PEI Express Entry”: https://www.princeedwardisland.ca

[9] “Work Permit Stream”: https://www.princeedwardisland.ca

[10] “Selling Your Business to a Newcomer”: https://www.princeedwardisland.ca