Are you an Alberta based foreign worker frustrated with how high the CRS has climbed for Express Entry? Are you beginning to think you will never get an ITA? If this is you, the Alberta Immigrant Nominee Program’s new Alberta Opportunity Stream may just be the solution for you. 

In this Episode I am flying solo to waste no time in demystifying the recent changes to the Alberta Immigrant Nominee Program. I love to share information about immigration that affects my dear Province of Alberta. Finally, I have something to share that is actually a pretty big deal.

The Alberta Opportunity Stream was previously announced back in 2017 with a proposed launch date of January 2018. However, there was a fairly huge push back when stakeholders realized that anyone on an open work permit was going to be left in the dust when it came to getting nominations from the Province of Alberta. Credit to Brad Trefan and the other powers that be in Edmonton – they suspended the launch of the Alberta Opportunity Stream to listen to stakeholders and make sure they got it right. The local chapter of the Canadian Bar Association was one of many stakeholders who offered their thoughts on the proposed changes.

I think Brad and the gang actually did a pretty good job at getting the balance just about right!

On June 14, 2018 the Alberta Opportunity Stream was officially launched. In this Episode of the Canadian Immigration Podcast, I share my thoughts on the changes and highlight what this new Selection Criteria is all about.

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CIP – Season 3 Episode 4 – AINP – Alberta Opportunities Stream Launched

• Second attempt – Dec 2017 originally announced changes with little stakeholder involvement
o Anyone on open work permit – excluded – including PGWP
o Huge backlash resulted in suspension of rollout
• June 14th – relaunched the new Alberta Opportunities Stream

• Lots that we do not know about the new harmonized stream; including the criteria upon which the new Express Entry stream will be based upon.

o significant connection to Alberta likely required
o Maybe somewhat similar to OINP’s Human Capital Stream – don’t know at this stage.
• So what do we know?
• Program was dominated by some sectors and some occupations:

• 6311 – Food Service Supervisors
• 6211 – Retail Sales Supervisors
• 7511 – Transport Truck Drivers
• 1241 – Administrative assistants
• 7284 – Plasterers, Drywall Installers and Finishers and Lathers
• 3421 – Retail Salespersons
• 0631 – Restaurant and Food Services Managers
• 0621 – Retail and Wholesale Trade Managers
• 6315 – Cleaning Supervisors

• Application intake and nomination guidelines may be put in place that would set the maximum number of applications accepted and nominations issued each year, as well as maximums for applications and nominations by sector and occupation. Announcements about application intake and nomination guidelines will be available on the AINP news page.

Nomination certificate limits for 2018
As of June 14, 2018, the AINP:
• is authorized to issue a maximum of 5,600 nominations for the 2018 calendar year. This limit is set by Immigration, Refugees and Citizenship Canada (IRCC)
• has issued 2,277 nomination certificates in 2018  3323 spots left
• has approximately 4,700 applications awaiting assessment for eligibility
• Even with no new applications after June 14th – there are still 1,377 more applications than nomination spots
o There will be more application submitted this year
o We have a number going in right away
o Some will get refused or otherwise found ineligible
o Safe to say a slight backlog will continue to exist.

• So what has the AINP done to “reduce” the influx? A new Selection Criteria

• Let’s take a look at the Alberta Opportunity Stream (AOS)’s new selection criteria

Alberta Opportunity Stream (AOS)

• Selection Criteria has been both expanded and constricted
• New requirements such as language, education and income will be phased in over the next three years
o These will increase as time goes on – you can check the future requirements out at the Planned AOS Criteria Changes webpage.
o

Okay, let’s dig into this new selection criteria.

1. Residency status and work permit requirements

At the time your application is postmarked and at the time the AINP assesses your application:
• Valid work permit (not implied status or restoring status) based on one of these categories:
o LMIA
o IMP WP (includes IEC, NAFTA ICTs etc.) Spousal Open WPs EXCLUDED?
o PGWP AND:
 Graduated from Alberta Advanced Education approved post secondary institution AND;
 If 1 to 2 year diploma, the credential must be on the approved Alberta Advanced Education Undergraduate credentials list
• NOTE: Bachelors, masters, doctorals just need to be from one of the approved Alberta educational institutions AND
 Current occupation must be related to your field of study in Alberta
• If graduated with eligible 1 year certificate, your current occupation must also be related to your previous undergraduate or graduate field of study outside Canada.

2. Occupation requirements

• Only eligible occupations can qualify – must be on the list AND
• Work in occupation that matches your previous work experience – we’ll discuss what this means a little later
• If PGWP holder, your occupation must be related to your field of study in Alberta
o Issues:
 What does “related to your field of study mean”? How closely related? Only time will tell.
• Will a business admin diplomas still work for filling a food service supervisor position at Dairy Queen? – Maybe?
• If PGWP holder with only one year certificate your occupation must also relate to your previous undergrad or graduate field of study outside Canada? —-

o WOW! That is super restrictive for PGWP holders with one year programs. (Basically saying….go to Express Entry and don’t burn up our AINP nomination quota)
• POSITIVE – Most 0,A,B C AND D occupations will work – but there are ineligible occupations

• Two ineligible occupations lists exist (if your occupation is on the list – can’t apply to AINP:
o AOS list – applies to everyone – if your occupation is on the list
o ESDC High wage/ Low wage Alberta LMIA refusal to process list – applies to PGWP holders only

3. English or French language requirements
• CLB 4 – for each skill until June 14, 2019 – increases to CLB5
o 3413 Nurse aides and orderlies = CLB 7
• CELPIP/IELTS/TEF – valid for 2 years

4. Education requirements

• Minimum high school  in your country until Jan 1, 2012 = AB HS equivalency required
• PGWP – AB school, on the education list

5. Work experience requirements

• You must be working in an occupation that matches your work experience at the time your application is postmarked and at the time the AINP assesses your application.

• Qualifying Work Experience:
o Min 12 months – F/T in current occupation within last 18 months OR
o Min 24 months – F/T in current occupation in Canada (overseas) within last 30 months
 Can be a combination of experience in AB, Canada and/or abroad OR
o IF PGWP holder – min 6 months – F/T in current occupation in last 18 months AND current occupation related to your field of study in Alberta
• Work experience in Qualifying Period must be:
o F/T (30 hrs/w) NOTE: P/T will not be considered
o For same occupation as your current occupation
o Obtained in legal status
o Not gained while studying or doing co-op or internship
 EXCEPTION – co-op work placement or internship as part of study program
• Paid, F/T (30 hrs)
• Directly related to current occupation
• Work experience gained in Alberta

• Additional requirements:
o Licensing, registration, certification to work in occupation
 POINT TO CONSIDER: Optional Trades may now be eligible without trade certificate – provided not on the ineligible list
o Full time job offer from Alberta employer and working for that employer
 Employer must:
• Be incorporated or registered and operating in Alberta
o Established production capability, plant or place of business AND
• Job Offer signed by both parties and must:
o Continuous paid work
o F/T – 30 hours/week min
o Employment for 12 months+
o Work in your current occupation AND
o Eligible occupation that meets work permit requirements
 LMIA, IMP or PGWP related to field of study and education
o Ineligible situations:
 P/T employees – regardless of hours
 Independent Contractors
 Business owners
 Temp agency workers
 Directors, shareholders or agents of Alberta employer on Corporate Registry System (CORES)
 working in a home=based business
 virtual employees working for AB employer “outside” Alberta.

6. Income level requirements

• must meet a minimum gross annual income level based on your “family unit” size.
• Spouse, dependent child (under 22) (whether accompanying you or not)
• Must use the “Income Calculation Worksheet”
• Can include “taxable benefits” in income calculation:
o ■ automobiles or other motor vehicles
o ■ board and lodging
o ■ gifts and awards
o ■ group term life insurance policies
o ■ interest-free or low-interest loans
o ■ meals
o ■ security options
o ■ tool reimbursement or allowance
o ■ transit passes
o ■ tuition fees
• Can count spouse’s income towards family unit income if:
o has a yearly Alberta income before tax that is greater or equal to 42% of your yearly income before tax, and
o has a bona fide job offer from an Alberta employer for part-time or full-time work in any occupation and is working with authorization for that Alberta employer.

• Use Alberta’s Low Income Measure (LIM) chart (currently at 70% of the AB LIM)
o Increase to 75% Jan 1, 2020
o Increase to 80% Jan 1, 2021

[/spoiler]

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If you are a foreign doctor wondering what it takes to actually practice medicine in Canada, this Episode is for you. Immigrating to Canada is often the easy part – understanding what it takes to actually qualify to work as a doctor is something entirely different.

Canadian immigration lawyer, Irma Roberts joined me to shed some much needed light on this very confusing and difficult process.

I am sure most of us have heard the failings of our old Federal Skilled Worker Program which opened Canada’s doors to permanent resident status for foreign trained doctors only to see them driving taxis when they arrived. In this episode Calgary, Alberta based immigration lawyer Irma Roberts joins me to explain exactly what an International Medical Graduate needs to do to qualify to practice medicine in Canada.

Irma Roberts has likely represented more foreign trained doctors in their efforts to become permanent residents of Canada than any other immigration lawyer in the country. Having her come on the Podcast was a complete no-brainer.

Irma practices out of her own law firm in Calgary, Alberta. She has been involved with the Canadian Bar Association’s local immigration section for a number of years including serving as the Chapter Chair and in a number of other capacities. Irma is heavily involved in volunteer work in Calgary currently serving as a Director on the Board of the Sunrise Community Link, a local anti-poverty organization. She is one of those lawyers that is doing it right. She cares about her clients and takes her responsibility to give back to the community very seriously.

In this episode Irma and I discussed the following topics:

• the difference between working as a physician in Canada and immigrating as a physician;
• what is an international medical graduate (IMG);
• how to verify your qualifications as a physicians;
• what is the evaluation exam;
• can IMGs do their residency in Canada;
• how does the resident matching program work; and
• what are the best options for obtaining PR status in Canada.

[Tweet “How foreign doctors can immigrate and practice as doctors in Canada.“]

Additional Resources:

• The best way to reach Irma Roberts: irmaroberts@shaw.ca
• Irma’s law office: http://www.irmaroberts.com/
• Physician’s Apply Website: http://physiciansapply.ca/
• Sunrise Community Link: http://www.sunriselink.org/
• Canadian Resident Matching: http://www.carms.ca/en/

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If you are an international student, temporary foreign worker, immigration lawyer, consultant, HR manager, global mobility specialist, Canadian employer or just plain old Canadian citizen or permanent resident with a curiosity in Immigration … you’ll be regretting the day you didn’t listen to this Podcast.

As promised in Episode 12 of the Canadian Immigration Podcast, I am going to share with you in this Episode everything I learned from Immigration Minister John McCallum on April 8, 2016 in his speech to the CBA’s National Immigration Section in Vancouver during our National Immigration Law Conference.

Because I can not resist my Top 10 lists……here is another one for you!

Immigration Minister John McCallum responded to questions from reporters at the Canadian Bar Association’s Immigration Law Conference April 8, 2016. (CBC)

(Thank you CBA News – I wasn’t close enough to get a better picture myself)

My Top 10 Canadian Immigration trends for 2016 – straight from the mouth of our Immigration Minister, The Honourable John McCallum:

1.   The Liberals actually care what us Canadian immigration lawyers think – who knew?

2.   Canadians like refugees after all and it will continue that way for the foreseeable future.

3.   Sayonara to two tiered Canadian Citizenship – “A Canadian is a Canadian is a Canadian.” 

4.   The Family Feud is over….Family Class processing on its way down!

5.   The Minister hates the term “Economic Immigrant” – all immigrants contribute regardless of program.

6.  Express Entry is having “unintended consequences” that must be addressed.

7.   Complete overhaul to the Live-in Caregiver program on its way!

8.  IRCC versus CBSA – definitely a “good cop” – “bad cop” situation!

9.   What does the future hold for PNPs? Status quo according to Minister McCallum

10.  International Students – the calvary is on its way!

[Tweet “What’s in store for Canadian Immigration Policy in 2016“]

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Sunny Days ahead for people seeking to immigrate to Canada in 2016

Immigration Forecast for 2016 with Minister John McCallum, Immigration, Refugees, and Citizenship Canada.

There has been considerable coverage of the Liberal government’s sweeping changes to immigration culture in Canada.

As quickly as the Conservative government changed many of the countries old immigration laws and programs, the Liberals have been just as fast to announce their intention to reverse them.

So the big question is……

….where exactly are the Liberals headed?

In Episode 12 of the Canadian Immigration Podcast, I shared some brief highlights from a speech given by the Minister of IRCC, John McCallum to the Canadian Bar Association’s National Immigration Section members who attended our Annual Conference in Vancouver April 7-9, 2016. I also promised that more would be coming…. so here it is!

My Top 10 List of Highlights from Minister McCallum’s Speech to the CBA Immigration Section

As you can tell, I really like the whole Top 10 Concept. Hopefully this list will actually have 10 highlights as opposed to Episode 12 of the Canadian Immigration Podcast where I somehow skipped a number and ended up with only 9 on my Top 10 list.

At any rate, if you have anything to do with Canadian immigration, whether as a lawyer, consultant, HR manager, Global Mobility Specialist, foreign national, or even Canadian employer, you are not going to want to miss this Top 10 List.

I want to start off this Podcast with one caveat. I am a 100% true and blue card carrying Conservative Party member. I hold these values dear and intend to continue my active involvement with the party long into the future. However, with this being said, and despite my best efforts to find fault, there was very little I could complain about with the vision Mr. McCallum has for immigration in Canada.

So here we go….

1. The Liberals are actually willing to listen to Immigration Lawyers and their clients in shaping the immigration landscape of Canada into the future. 

MM Knows that CBA has worked on this day and night – he has read our reports on TFWP and EE – Minister impressed with CBAs contribution – didn’t disagree with anything.

Stark contrast to the previous regime. Basically considered their relations with the CBA to be adversarial.

2. Update on the Refugee situation in Canada and future intentions

Succeeded in bringing 25,000 refugees to Canada by end of February 2016

They went from a situation were the main concerns of Canadians was security especially at the time of the Paris attacks and these concerns evolved to a huge welcome provided by Canada across the country to these refugees.

Quote:

Minister McCallum felt he was the “only immigration minister in the whole world whose main challenge was to provide enough Syrian refugees to satisfy the overwhelming generosity of people who want sponsor them.

Have committed to bringing in another 10, 000 which they will expedite as quickly as possible

The liberal levels planning calls for a 300,000 target – which is an absolute maximum – one more refugee means one less of something else

The Liberals have already quadrupled the number of refugees and have reached the limit.

Restored Refugee Healthcare

3. Canadian Citizenship Act – revoked in part

Bill C6 – introduced by the Liberals to ensure – one class of Canadians in Canada and they believe a “Canadian is a Canadian is a Canadian” – “the place for terrorists is in jail not at the airport”

4. Various Changes to Family Class Applications

• – Restoration of age of dependence from 19 back to 22

MM signed documents restoring the age of dependants to 22. However, it will take a 1 ½ years to go through the regulatory process.

Goodness knows why going from 19 to 22 should take a year and a half. Too bad I couldn’t use ministerial instruction on that.

Minister is generally opposed to Ministerial Instructions, but some times they do come in handy. 

• – Ending of 2 year conditional status on Spousal Applications.

• – Committed in the election to bring down substantially the processing times of Family Class members. 

Quote: 

“Just as he is very proud as a CDN for refugees coming in, ashamed that the heavy hand of the CDN state keeps spouses apart for 2 years. This is unacceptable. This is not something that can be fixed like flicking a switch with Bill C6. On this one it takes longer.”

Solution will be to increase the capacity for immigration in this country

– the max is currently at 300,000 – want to increase this to accommodate the possibility of more immigrants and more spouses to get these processing times.

We will do this by: 1) more money and 2) more importantly need to do things more efficiently. Need to learn from experience in Lebanon and Jordon with the Refugees – where they processed applications fast, but equally well, super fast, but concurrently, ABC together, not A then B then C.

Must transfer over the experience with refugees to family class applications – do it just as well, but much more efficiently. – we did it for refugees, so of course we can do it for other – he told his department to “get to work”. This is what the department is doing – we will have positive news on spouses in coming weeks. – which could means months as usual.

5. Changes to Economic Class Applications

On “Economic Immigrants” – MM hates this term because all immigrants are economic. When you say “economic immigrants” it implies that the economic immigrants contribute and the others do not.

In 2016 many family members work – parents and grandparents enable the father and mother to work even when they do not work.

Refugees also work and contribute in the medium run – “let’s not use the word economic immigrants because all immigrants contribute to the country in one degree or another”

6. Possible changes to the Express Entry regime

In election campaign the liberals were neither critical nor praising of EE because it was so brand new. Now in process of seeking ways to reform express entry and MM values CBA input….

Had a meeting with Ontario Business People at an Ontario Chamber of Commerce and they ranked the different streams for PR status in Canada as:

TFWP

PNP,

EE

MM would like to see this reversed.

Express Entry should be the favored process for businesses wanting immigrants, then PNP, then TFW.

Challenge for MM is to make EE more flexible, more fluid, more desirable for businesses wanting to bring immigrants to Canada. Make it the first choice and not the third choice of businesses.

The First proposed change and most for sure is He thinks International Students are the best source of immigrant to Canada– because they know French and English, because they know Canada, because they are educated, because they are young, all good reasons to be great Canadians

“we should encourage them to come here and not slap them in the face by taking away their 50% credit for time in Canada, so I want to make it easier and give more points to facilitate their entry to Canada as PRs, that is pretty well for sure, other things are less for sure…

… looking at possibly less points for people getting LMIA approved Job Offer because right now  it is totally dominant and has certain unintended consequences. Possibly limit ore eliminate the use of the LMIA under Express Entry…. NOT committed to doing this, but certainly committed to looking at doing it very seriously. It is something they will look into very seriously.

7. Proposed Overhaul of the Live-in Caregiver Program 

MM thinks it is a great program both for young people and aging people – processing times will be coming down automatically in the next months. One major thing is that they will honor their campaign promise make significant changes to how the program works. They intend to a have a system of regulated companies who hire caregivers on behalf of families needing them and deploy them to households that need them.

Changes will help Families because they will be spared the hassle of the LMIA AND– will benefit the caregiver because if household is a problem, the company can transfer caregiver from household A to B. thus protecting the interestswill help both sides, the family and caregivers by doing this.

8. How is IRCC dealing with the challenges of two departments (including CBSA) administering immigration?

Sunny Days have arrived with IRCC, but have not yet arrived with CBSA.

– Separation of immigration into CIC and CBSA in the past

Question = has any consideration been given to bringing CBSA and IRCC back together?

He can’t speak for CBSA, but knows there has been a culture of enforcement throughout CBSA that public servants are awarded for catching as many bad people as possible. Understand there is a quota for how many refugees they expose – there is definitely scope for improvement within CBSA – Ralph Goodale, Minister of Public Safety is working on these issues.

9. What does the future hold for Provincial Nominee Programs?

When asked whether Liberals are considering increasing allocation of nominations to the provinces? MM is of two minds on this issue. He is willing to do whatever is best for the country, but being a federal person, it is not to have the federal roll disappear altogether. 50% of economic immigrants come through the PNPs. If that is best for Canada…fine.

But big theme of his speech was to improve EE so it becomes the first choice for employers. So priority right now is to improve EE. Want companies to see the Federal program EE as their first choice of what is most flexible, best, accommodating choice, there would be less demand on PNPs each year – he wants to add more immigration, but first desire is to improve the federal program so that is more attractive for employers.

10. What is in store for International Students?

some people say MM has a habit of moving too fast, but some times it is important to do it fast – there is some urgency in this matter (international students)– thinking of doing the following in stages:

Stage 1 – give more points to students under Express Entry

Stage 2- do other things to improve EE

but hoping for him to do the student thing as quickly as he can – you would agree that Ministerial Instructions for these purposes are for a good cause.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Don’t listen to this Podcast before you read the blog I released yesterday, April 13, 2016 entitled: Alberta Immigrant Nominee Program – How did we get here? What every Temporary Foreign Worker must know before applying? This blog will give you essential background information to prepare you for the insights I’m going to share regarding the Alberta Immigrant Nominee Program.

This past month, I had the opportunity to attend a lunch presentation Brad Trefan gave to our Canadian Bar Association’s local immigration section in Calgary.  I’ll share my Top 10 (rather 9) AINP Highlights from his presentation and share my thoughts on what this means for anyone seeking to apply for PR status in Canada through the AINP.

Top 9 AINP Highlights for 2016 thanks to Brad Trefan, Managing Director:

1.    Current Inventories

2.   Top 10 occupations applying to the AINP

4.   [yes….I missed #3] Why are the AINP refusal rates so high?

5.   What if you lose your job after receiving the nomination?

6.   Certificate wastage – why is it so dang high?

7.   IRCC challenging the AINP nomination.

8.  Standardization of the AINP program.

9.   AINP Participation in Express Entry

10.  Expect the AINP to close again in 2016

[Tweet “What’s up with the Alberta Immigrant Nominee Program in 2016“]

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This Episode continue forward on the foundation I laid with a blog I wrote yesterday and posted on the Canadian Immigration Podcast website regarding the Alberta Immigrant Nominee Program.

It’s entitled: “Alberta Immigrant Nominee Program – How did we get here?

What every Temporary Foreign Worker must know before applying!

This blog will give you a little bit of a foundation for what I am going to share in the Podcast today.

In the blog I covered a brief history of how the AINP has been somewhat of a love hate relationship for TFWs and their legal counsel. I cover the ups and downs of the program over the past 10 years and really lead up to what I am going to be talking about today.

In this Episode of the Canadian Immigration Podcast, I am going to be sharing some insight on where the AINP is headed for this year and what every TFW needs to know before risking their future in Canada on a very volatile program.

But before I get to this Episode I’d like to share a few experiences I had attending the CBA’s National Immigration Conference in Vancouver, British Columbia this past weekend.

1. Asked to speak on Express Entry. Had the privilege of doing so with some very good friends:

• Marina Sedai – Immigration Lawyer in B.C.
  • immigrationcitizenshiplaw.com
  • Secretary of our National Immigration Executive
  • works with Joshua Sohn past Chair of our National Section
• Kevin Zemp – Immigration Lawyer practicing in Calgary
  • zemplaw.com
  • Past Chair of our National Immigration Law Section
• John Acheson – Assistant Director, Permanent Resident Program Delivery, IRCC
  • Operations side of things – the nuts and bolts (portal issues)
• Philip Somogyvari – Director – Express Entry Policy – IRCC
  • 10,000 foot level policy
    • discussions of changes to EE (crossing my fingers):
      • CRS points for candidates with family in Canada
      • CRS points of international students (CDN studies)

2. IRCC Minsiter John McCallum spoke to us and shared a lot of insight into where the program is going. As a staunch conservative, I must admit that I have felt quite conflicted with because I actually like Minister McCallum. In an upcoming blog or podcast, I am going to share some of the highlights from that speech.

However, if you want to go back in time and catch a snapshot of what the Minister shared and other insights from the various panels I attended, connect with me on Twitter because I tweeted continuously sharing significant insights as I listened to the Minister in real time and as I attended other sessions presented by my fellow CBA Immigration section colleagues. My Twitter handle is simply @MarkHolthe.

Eventually I am going to get that blog or podcast out. If you have a preference, just send me comment on the CIP website, or connect with me on any of the various social media platforms I frequent (facebook, LinkedIn etc.). You can also track me down on my firm website: ht-llp.com.

Insights on the Alberta Immigrant Nominee Program for 2016 – Brad Trefan, Managing Director

This past month, I had the opportunity to attend a lunch presentation Brad Trefan gave to our Canadian Bar Association’s local immigration section in Calgary.  I’ll share a few highlights from his presentation and then at the end of this blog share my thoughts on what this means for anyone seeking to apply for PR status in Canada through the AINP.

1. Inventories – The AINP had ballooned to 9000 applications in August 2015 when the program was suspended. This number was reduced to 4700 by the time the program was reopened on January 27, 2016. As of March 23, 2016, the current application quota is sitting at 6000 applications. The AINP receives approximately 40 new applications daily.

[INSIGHT: Get your application filed as quickly as possible because the program will most certainly be suspended as applications continue to flood into the program. If 9000 was the trigger for suspending the program last year, you can be almost certain this number will be the tipping point this year. You can track the processing of applications on the AINP website: http://www.albertacanada.com/opportunity/immigrating/ainp-processing-inventory.aspx#2016maximums

Application Processing and Inventory– the AINP does not follow a first in first out processing policy across all streams. Instead of lumping all candidates into the same pool and processing on this basis, instead 20 processing officers spread out among the industry streams, which results in drastically different processing times depending upon the number of applicants in the queue.. If one has no applications, then an officer will shift to another streams.

Here is a breakdown of the volume of applications and corresponding processing times by industry stream:

Employer Driven Streams

Food and Beverage Processing Industry        Over 90           Feb 9 – 10, 2016

Foodservices Industry (Pilot Project)              Over 110         February 1 – 10, 2016

Hotel & Lodging Industry                                Over 80           February 9 – 10, 2016

International Graduate Category                   Over 2,550      June 2, 2014, and February 10, 2016

Manufacturing Industry                                  Over 40           February 4 – 10, 2016

Skilled Worker Category                                 Over 2,000      June 24, 2014, and Feb 10, 2016

Trucking Industry                                            Over 80           February 9 – 10, 2016

Strategic Recruitment Stream (SRS)

Compulsory & Optional Trades Category       Over 110         February 2 – 10, 2016

Engineering Occupations Category                Over 90           February 2 – 10, 2016

Post-Graduate Worker Category                    Over 750         January 28, 2016, and Feb 10, 2016

2. Top 10 Occupations:

• 6311 – Food Service Supervisors
• 6211 – Retail Sales Supervisors
• 6315 – Cleaning Supervisors
• 7511 – Transport Truck Drivers
• 6421 – Retail Salespersons
• 0621 – Retail and Wholesale Trade Managers
• 7284 – Plasterers, Drywall Installers and Finishers and Lathers
• 0631 – Restaurant and Food Services Managers
• 1311 – Accounting Technicians and Bookkeepers
• 1241 – Administrative Assistants

What we have learned from these statistics is that the worst possible candidate for the AINP is an international student working as a food service supervisor

4. High AINP Application Decline Rate – over 50% of AINP applications are rejected. The main reasons are that:

• Candidate no longer has a work permit (can’t rely on nomination to get WP)
• Down turn in economy, so employee has lost their job (may still hold a valid work permit)

5. Losing a Job after the AINP nomination has been issued

– could be a problem

– must be able to demonstrate the ability to economically establish in Alberta

So what does an AINP officer do when you lose your job while APR is in process – if lose job officers have 2 weeks to work with applicant to defend the nomination with IRCC.

AINP Looking to see if the applicant is making an effort to maintain employment AND officers will also look at occupational outlooks from an economic perspective.

If an occupation has week prospects, then likely chances are not great that the AINP will allow the APR to go forward. However, if job is in an area of high demand, than much more likely AINP will continue to support the nomination.

However, if applicant is changing employers and going from a skilled , to a semi-skilled position, this could be a problem. However, if the demotion is within the same industry, there may be some leniency.

• IRCC is turning applications down for people that don’t have worry

-slight increase in fraud, but just reflects people really want to stay – despite economic downturn

6. High Degree of certificate wastage

Why?

Applicants are also applying under EE

– EE get’s approved and then AINP nomination is wasted.

-Federal Gov’t doesn’t let the AINP re-use the certificates

-having discussions to get around this with Gov’t

7. IRCC challenging the nominations

– must demonstrate ability to economically  establish in the Province of Alberta

So if person is unemployed, how can AINP defend this situation if nomination issued 7 months and the person does not have a job

8. Standardization of the AINP program in process

Modernization of data base

Proposals before minister on how they can better streamline the application process

Looking at online application forms – shooting for this to happen by the end of the year (2016) or 2017

9. AINP Participation in Express Entry

–still looking at this and maybe 2017 enter EE pool.

-however, no enhanced allocation to the 5500, so this will impact in participation in EE

-if participate in EE without an increase to the 5500 allocation total, semi-skilled categories would lose access to PR. AINP is only pathway to PR for low skill workers. If a new EE category was created, then the semi-skill categories would have to give up some of their quota to create the new, skilled worker only, EE AINP stream.

Brad stated that Ideally – the AINP would like to get enhanced allocation from Feds before participating in EE.

10. Expect the AINP to close again in 2016

Yes, gaining 40 applications per day, so is very likely we will have a pause.

So why a General pause versus only closing select industry streams?

Brad Trefan stated it’s the most fair solution because everyone is affected equally.

[/spoiler]

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In this post, I’m going to share with you exactly what is going on with the Alberta Immigrant Nominee Program (AINP) today. For those of you who are counting on the AINP to be your ticket to remaining in Canada, I highly recommend that you read this article before you consider wagering your future on receiving a provincial nomination from the AINP.

For foreign workers living in Alberta, their experience with the  AINP has  been somewhat of a love hate relationship. For a number of years it was one of the most sought after permanent resident options available to TFWs in Alberta. I routinely directed my clients to its welcoming arms.

The program was well run, predictable, and fast. It was clearly the best and most secure way of obtaining PR status for TFWs living in Alberta. With low processing times and the ability to use the nomination to extend work permits, it was a no brainer.

Alberta immigration lawyers and consultants loved the AINP and what it could do for our clients.

Arguably, the AINP was the envy of all the PNPs across the country.

However, those glory years simply couldn’t last forever. As is the case with the best Canadian Immigration streams, the AINPs very success contributed directly to the rise and fall of the programs over the past few years.

AINP – How did we get to where we are today?

Now I don’t want to spend this entire post providing a history lesson on the AINP. However,  for anyone even thinking about submitting an application a little background on the program’s somewhat volatile history  will go a long way in helping you decide whether or not the AINP is for you.

It all started at the height of the Alberta boom (mid to late 2000s). Many of you will remember those days – less than 3% unemployment, construction projects stalled because companies couldn’t find enough workers to meet the demand.  Wages climbing, housing prices skyrocketing….essentially a time bomb waiting to explode. Alberta was desperate for foreign workers. The province simply could not get enough!

In order to keep the economic engine running in Alberta, the AINP opened up new programs to entice foreign nationals to immigrate to the  Province. The creation of the Family and H1B streams were a resounding success. In fact, they were, much too successful. The AINP was flooded with applications resulting in both of these programs being suspended shortly after their creation.

The ripple effect on all other AINP streams was immediate. With the Feds only allowing the AINP to issue approximately 5500 nominations each fiscal year, and the Family and H1B Streams eating up a large portion of the  allocation, processing times climbed to new heights. Nominations previously issued in only a few months were now taking almost a year. And remember, this was just for the nomination alone. The processing of the PR application through IRCC (then CIC), was still taking an additional year. The glory days of the AINP were officially over.

Speed of processing is probably the most important factor when a foreign national is choosing which PR program to use. PR programs that can support the extension of a work permit are probably the second most enticing factor. However, with the tremendous influx of applications,  the AINP no longer served either of these attractive purposes.

As is typically the case with an unattractive program, no one used it. When no one uses it, guess what happens to processing times?

You guessed it – they start to drop. And drop they did.

In 2013 a skilled worker under the Employer Driven stream could expect their AINP application to be processed in less than one month. With fewer people applying, the AINP was able to work their way through the thousands of Family and H1B stream applications. It took years, but in 2013, they succeeded. In fact, they succeeded too well.

They now faced a new problem.

With a new fiscal year ahead of them, they came to the realization that they were in danger of not being able to use up their 5500 allocation. If they didn’t issue these nominations, they were going to lose them. So what does any smart program do in this situation? You open the doors wide up and allow just about anyone the opportunity to qualify.

The Alberta Experience class was born. And just like the days of the Family and H1B streams, people responded. And boy did they respond. Thousands of applications came pouring in during the short 2 month window that the program was open. If it were not for the difficulty people had obtaining appointments to get their language assessed, the numbers could have been 2 to 3 times higher.

Once again, in a very short period of time, the AINP program had more applications than they could deal with.

In 2014 processing times continued to steadily climb – reaching new heights of up to 25 months. To complicate matters, with the launch of Express Entry in 2015, many TFWs in Alberta were caught off guard when they were suddenly faced with the reality they would not rank high enough to be granted an Invitation to Apply (ITA) under Express Entry.  Thousands of excellent candidates, who would have previously qualified for Canadian PR, were effectively shut out from the Federal permanent resident programs (FSW, CEC, FST).

Why? …..because they were working on LMIA exempt work permits.

For executives, professionals, international students, and many others, no LMIA meant no 600 points which meant no ITA which meant no ability to apply for PR through the Federal Streams.

I recommend you check out some of my comments related to this issue in a series of CBC News articles I was quoted in:

•  Express entry could sideswipe high-skilled foreign workers, posted December 16, 2014;
• Express entry gives first dibs to temporary foreign workers, posted September 29, 2015;
• Liberals shift immigration focus to family reunification, refugee resettlement, posted March 8, 2016
• Express entry review to ease path to permanent residency for foreign students, posted March 15, 2016

Without an LMIA supported job offer, many skilled TFWs were hooped……and that is exactly how it has played out to this day.So with the federal economic classes shunning many TFWs in Alberta, the only place to turn was the AINP.

However, for those working in Skill Level B positions, the consequences of being shunned by Express Entry was only the beginning. These TFWS were very quickly running out of time. With AINP processing times up to 25 months, there would be no chance of obtaining the nominations in time before the 4 year work permit rule became effective on April 1, 2015.

So without being too overdramatic, many Albertan TFWs very quickly saw their hopes of remaining in Canada dashed. As I stated previously, in late 2014 I saw all of this coming, so I wrote a blog on some of the options that were available to people facing the 4 year cap. The response to this article crashed my www.ht-llp.com  website – twice!

You can find this blog on the CanadianImmigrationPodcast.com website at the following link: http://www.canadianimmigrationpodcast.com/episode-2-top-5-ways-to-stay-in-canada/

I will note that there was a very brief reprieve granted to some TFWs with AINP applications in the queue in early 2015 who were allowed to extend their work permits beyond the April 1, 2015 deadline provided they were selected by the AINP. In an effort to try to accommodate some of the workers caught in this position, the AINP worked out an agreement with CIC to temporarily override the 4 year cap on work permits and the cap placed on the number of low wage workers that could be employed within a business. However, this grace period only affected a very narrow group of people and was by invitation only.

For all others, if they could not prove they had a valid work permit, their AINP application would be refused. Long gone were the days when the AINP issued nominations to assist with the extension of work permits. If the program was not so oversubscribed, I have to imagine that the AINP would be more facilitative in supporting work permit extensions today.

I would like to point out that there are still some options that may be available to extend a work permit after receiving an AINP nomination.

However, these options only exist if the AINP nomination has been extended. If not, you are out of luck!

So as 2015 unfolded, even more people turned to the AINP as their last ditch effort to remain in Canada because of the changes to the federal permanent resident process (see Express Entry). These additional applications pushed the AINP program to the brink. The only solution they had was to shut the entire program down. August 27, 2015 was a dark day for many TFWs working in Alberta.

With 5500 nominations available to them and 9,000 applications in the queue, continuing to let the processing times spiral was not realistic. The program remained suspended until it was reopened on January 27, 2016. Although some changes to the program were anticipated, the program re-opened with all previous streams intact. However, this could change without warning.

What you need to know about how the AINP Processes Applications.  

Because the AINP is not governed by the same legislative foundation as Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada),  there is often very little warning when the AINP decides to make changes. The AINP’s Terms and Conditions spell this out very clearly.

For people submitting applications, there is no guarantee that your application will be accepted, nor processed in a timely fashion. In fact, the AINP does not even have to process applications on a first in – first out basis. They can pick and choose who they feel will create the best economic advantage for Alberta. Programs can be cancelled and applications returned with virtually no notice.

Because of the uncertainty within the AINP, my advice to clients is to always hedge your bets and consider applying for PR through every possible category you may be eligible for.  There are no restrictions on the number of PR programs you pursue at the same time. If eligible, go ahead and file your AINP application but  also submit your Express Entry profile into the pool. You just never know which may work.

Just don’t rely solely on the AINP as your PR solution!

However, when it comes to managing your expectations with the AINP, the best source of information is always the AINP’s Managing Director, Brad Trefan.

In Episode 12 of the Canadian Immigration Podcast I am going to share some insights given to our local CBA Immigration section from Brad himself. I had the pleasure of sitting at the feet of the man behind the curtain and intend to share what the future holds for the AINP – a program that has caused more than one grey hair to appear on my head!

Stay tuned, because you won’t want to miss the Episode 12.

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Explore Additional Resources

• Report on Plans and Priorities 2016-2017: http://www.cic.gc.ca/english/resources/publications/rpp/2016-2017/index.asp#a1.2.4

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Ask Mark an Immigration Question

I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

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