Krista Schofer
Partner
Article
The Alberta Immigrant Nominee Program (AINP) recently announced highly anticipated changes to its permanent residency program. Effective June 14, 2018, the Alberta Opportunity Stream (AOS) is available as a potential path to permanent residency in the province. The AOS replaces the Employer-Driven Stream and Strategic Recruitment Stream under the AINP. The AOS is also open to international post-secondary graduates who have graduated from an approved Alberta post-secondary institution and who hold a valid post-grad work permit.
The goal of the AOS is to simplify the AINP process, reduce processing times, help diversify the economy, help Alberta employers expand their workforce and provide fair access to permanent residency across industries in Alberta.
Following are the eligibility criteria under the AOS:
To be eligible to apply for a nomination under the AOS, an applicant must be working in an eligible occupation in Alberta. Although most occupations are eligible under the AINP, the following occupations are ineligible under the AOS:
NOC | NOC Skill Level | Occupation Title |
---|---|---|
0011 | 0 | Legislators |
0422 | 0 | School Principals and Administrators of Elementary and Secondary Education |
0423 | 0 | Managers in Social, Community and Correctional Services |
0432 | 0 | Fire Chiefs and Senior Firefighting Officers |
0651 | 0 | Escort Agency Managers, Massage Parlour Managers |
4031 | A | Secondary School Teachers |
4032 | A | Elementary School and Kindergarten Teachers |
4154 | A | Professional Occupations in Religion |
5121 | A | Authors and Writers |
5133 | A | Musicians and Singers |
5135 | A | Actors and Comedians |
5136 | A | Painters, Sculptors and Other Visual Artists |
1227 | B | Court Officers and Justices of the Peace |
3223 | B | Dental Laboratory Bench Workers |
4214 | B | Certain Early Childhood Educators and Assistants |
4216 | B | Other Instructors |
4217 | B | Other Religious Occupations |
5232 | B | Other Performers, n.e.c. |
5244 | B | Artisans and Craftspersons |
5251 | B | Athletes |
6232 | B | Real Estate Agents and Salespersons |
4411 | C | Home Child Care Providers |
4412 | C | Home Support Workers, Housekeepers and Related Occupations |
4413 | C | Elementary and Secondary School Teacher Assistants |
6533 | C | Casino Occupations |
6564 | C | Other Personal Service Occupations |
7513 | C | Taxi and Limousine Drivers and Chauffeurs |
8442 | C | Trappers and Hunters |
6623 | C | Other Sales Related Occupations |
6722 | C | Operators and Attendants in Amusement, Recreation and Sport |
6742 | D | Other Service Support Occupations, n.e.c. |
8611 | D | Harvesting Labourers |
8612 | D | Landscaping and Grounds Maintenance Labourers |
8613 | D | Aquaculture and Marine Harvest Labourers |
8614 | D | Mine Labourers |
In addition to the above AOS Ineligible Occupations List, post-grad work permit holders are subject to a second list - the occupations listed in the Temporary Foreign Worker Program's "Refusal to Process" list for Alberta, current as of June 2018. The Refusal to Process list was initially published by Employment and Social Development Canada in April 2017 and outlines specific occupations that do not qualify for a Labour Market Impact Assessment (LMIA) in Alberta. The occupations listed in the Refusal to Process list are considered to be occupations that are not in demand in Alberta.
The AINP receives a quota from the federal government for the maximum number of nominations it may issue in each calendar year. The 2018 quota is 5,600 nominations. To date, the AINP has issued approximately 2,277 nominations in 2018, with approximately 2,700 applications awaiting assessment. Based on the online AINP processing and inventory, there are currently no applications in queue under the AOS.
Applicants may only have one application pending under the AINP. Any current applications under the AINP must be withdrawn prior to submitting an application under the AOS.
The AOS may provide new opportunities for foreign nationals in Alberta to obtain permanent immigration status. As there are numerous options for permanent residency in Canada and in Alberta, we recommend speaking to experienced immigration counsel to consider all options and the best strategy for your company or personal circumstances.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.