Tips Application to the Skilled Worker Stream of the Alberta AINP

Submitting an application to this program comes with a long list of requirements as well as employer criteria that you and a prospective employer will need to meet. As the nomination programs are time intensive and require a two stage processing, having the support of a representative in these matters would not only alleviate a great deal of stress but also greatly increase your chances for success. Many of our clients who face this situation are unsuspecting of the complicated nature of these applications or how to go about demonstrating the necessary requirements they will need to make in order to be successful.

Akrami & Associates will guide you every step of the way with this. Contact us for more details.

If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.

Employer Criteria

It is more than a simply meeting the requirements as the applicant but you must also keep in mind the nature of your employer. In order to qualify, your employer will also need to meet certain criteria. As an Alberta employer, they must:

  • Be incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada and operating as a business that has an established production capability, plant or place of business in Alberta.
  • Provide a job offer to the Candidate for permanent, full-time employment in a skilled occupation. A skilled occupation is an occupation that falls under one of the following skills levels under the National Occupational Classification (NOC) system:
  • NOC 0: Includes management occupations that usually require a university degree (bachelor’s, master’s or doctorate) or a professional designation.
  • NOC A: Includes occupations that usually require university education.
  • NOC B: Includes occupations that usually require college education.
  • Provide a job offer to the Candidate that meets Alberta’s employment and wage standards.
  • Provide a job offer to the Candidate that does not conflict with existing collective bargaining agreements. The AINP will not approve an application if there is a labour dispute in progress that may involve, directly or indirectly, either the employer or the candidate.
  • Provide proof of your authorization to hire a foreign worker by showing either the Labour Market Opinion (LMO), or evidence of the LMO exemption.
  • If there is an LMO in place for the Candidate, you must show that you are following all the conditions of the LMO (including salary).
  • If the Candidate is exempt from an LMO, you must show you are offering wages and benefits to the Candidate that meet industry standards.
  • Clearly show the need for the position and that you have made a significant effort to hire a Canadian or permanent resident of Canada for the position only if the Candidate is not currently working in Alberta (is abroad).

Labour Market Opinion

A labor market opinion or labour market exemption is required. Your employer will need to obtain this for you. This is a separate application entirely that is made to HRSDC/Service Canada. Your employer will need to demonstrate recruitment efforts as well as their inability to locate suitable Canadian candidates.

Documentation

The documentation for this application is intensive as there are a lot of core documents you will need to provide like a labour market opinion. Aside from this and civil identity documents you will need to demonstrate the merits of your employer and how they meet the criteria set out for them as well as demonstrating your work experience and educational background. You will need to demonstrate that you meet the requirements for your intended occupation whether or not you are currently in this position or not. You may even be successful in obtaining a nomination however the final say is with the immigration officer reviewing your matter for your permanent resident status. They have the discretion to refuse this on grounds if they feel you do not meet the qualifications or would be unable to meet or fulfill the requirements of a permanent resident.

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