Canadian Legal FAQS- Temporary Foreign Workers/Alberta Immigrant Nominee Program

< Temporary Foreign Workers

1 Employer and Worker Questions
2 Worker Questions
3 Employer Questions
- 3.1 What is a business case?
- 3.2 How long must a temporary foreign worker be employed with me before I can nominate that worker under the Alberta Immigrant Nominee Program?
4 See Also

Employer and Worker Questions

What is the Alberta Immigrant Nominee Program (AINP)?

Please note: As of August 23, 2010 the Alberta Immigrant Nominee Program has been temporarily suspended. This means the AINP is currently not accepting applications under the AINP U.S. Visa Holder Category and the AINP Family Stream. Applications postmarked after August 23, 2010 will be returned. Applications postmarked on or before August 23, 2010 will be accepted for processing. For more information, see the Government of Alberta’s Alberta Immigrant Nominee Program website.

The Alberta Immigrant Nominee Program (AINP) is an employer-driven immigration program under an agreement between Alberta’s Ministry of Employment and Immigration and Citizenship and Immigration Canada (CIC). It is intended to substantially speed up processing an application for permanent residence

There are three ways in which a TFW can apply for AINP:

the employer applies to sponsor employees through the program;
certain people (like certified tradesmen) can apply directly for AINP;
and family members can apply to sponsor family who are skilled workers.

Through AINP, you can keep your temporary foreign workers by offering them permanent employment and nominating them for permanent resident status in Canada. The process also includes your worker’s spouse and dependent children.

This employer-driven program is for skilled workers (NOC 0, A, and B) and some select semi-skilled workers (NOC C and D). The government is discussing the option of opening up the program to all skill levels.

There are three steps in the AINP process:

You submit the employer application and documentation required for the kind of worker (skilled or semi-skilled).
If your submission is approved, the foreign worker submits an application and is assessed for eligibility to be nominated for permanent resident status by the province of Alberta.
After the worker has been approved for nomination, an AINP officer instructs the worker to send the original application package for permanent residence to a specific Canadian visa post outside Canada.

Who is eligible to make application to the Alberta Immigrant Nominee Program?

Alberta companies that are eligible to apply to the AINP are defined as:

incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada;
operating as a business; and
having an established production capacity, plant, or place of business in Alberta.

Does the Alberta Immigrant Nominee Program cover all kinds of jobs?

No. The Alberta Immigrant Nominee Program is a strategic program focused at high skilled occupations. These occupations typically fall within the Skill Type 0 or Skill Levels A or B of the National Occupational Classification (NOC) codes.

However, this may soon change, so you should check the AINP website.

How does the Alberta Immigrant Nominee Program work?

The Alberta Immigrant Nominee Program (AINP) is a two-step process:

Employers wishing to hire a foreign worker present their business cases and apply for approval. You must meet the Employer Eligibility and Criteria prior to applying to the AINP. You must also meet the criteria for the specific category under which you are applying.
The candidate you have identified must apply for a provincial nomination. The candidate must have accepted a permanent and full-time position with you and must meet the required education, accreditation, licenses, training, and experience relevant to the occupation. To be considered for a nomination, candidates must ensure they meet the Provincial Nominee Candidate Eligibility. Candidates must also meet criteria for the specific category under which they are applying.

What kinds of positions can be filled using the Alberta Immigrant Nominee Program?

The Alberta Immigrant Nominee Program currently has the following streams and sub-categories:

Employer-driven stream
- Skilled worker category
- International graduate category
- Semi-skilled worker category
  - Food and beverage processing industry
  - Hotel and lodging industry
    - Food and beverage servers and room attendants
    - Front desk agent/clerk
  - Manufacturing industry
  - Trucking industry
  - Foodservices industry (pilot project)
Self-employed farmer stream
Family stream

Each of these streams has specific requirements.

For more information, see the AINP links on our page of External Resources.

How long does the Alberta Immigrant Nominee Program process take?

The AINP process itself takes from 3 to 6 months.

Obtaining permanent resident status through the AINP program takes approximately 6 to 18 months.

Is there a fee for submitting an application to the Alberta Immigrant Nominee Program?

No. The Alberta Immigrant Nominee Program is free.

Does an approval for a nomination by the Alberta Immigrant Nominee Program ensure that Citizenship and Immigration Canada will issue a permanent resident visa to the nominee?

No. There is no guarantee. A nominee and his or her dependents must still meet Citizenship and Immigration Canada’s statutory requirements, which include, but are not limited to, health, criminal, and security checks.

Where can I find more information?

Please see the AINP links on our page of External resources.

Worker Questions

As a candidate, do I need to meet all licensing and regulatory requirements before applying to the Alberta Immigrant Nominee Program?

Yes. As a candidate for a nomination, you must be fully qualified for the job and meet all licensing and regulatory requirements before applying to the AINP. You must also provide proof of your qualifications (that is, photocopies of all required licenses and registrations).

How long must I be employed with my Alberta employer before the Alberta Immigrant Nominee Program can nominate me?

If an employer has a probationary period for his or her employees, you must first successfully complete this probationary period prior to nomination.

Otherwise, the AINP requires that:

as a skilled worker, you must have accepted an offer for permanent full-time employment with your Alberta employer. You may require a valid work permit for certain occupations;
as an international graduate, you must have accepted an offer for permanent full-time employment with your Alberta employer, have a valid work permit, and be employed for at least six (6) months with your Alberta employer; and
as a semi-skilled worker, you must have accepted an offer for permanent full-time employment with your Alberta employer, have a valid work permit, and be employed for at least six (6) months with your Alberta employer.

After the Alberta Immigrant Nominee Program approves me as a Nominee, how much time do I have to submit my application for permanent residence to Citizenship and Immigration Canada(CIC)?

You must submit your application to CIC within 180 days from the date on which your nomination was issued.

Can my family members accompany me to Canada?

Yes. Your spouse or common-law partner and dependent children may immigrate with you when you are approved as a Nominee.

Do I need to use an immigration consultant or lawyer to complete my Alberta Immigrant Nominee Program application?

No. It is unnecessary to use an immigration consultant or lawyer to complete your application. If you do hire a representative, your application will not receive special attention or be handled any differently from other applications.

The AINP will not release information to a paid representative who is not a member in good standing with the following:

Canadian Society of Immigration Consultants; or
Canadian Provincial or Territorial Law Society.

I am an Albertan and have extended family members that I would like to bring here to work. Can I do this?

Yes. Effective June 19, 2008, the AINP has a “family” category.

Eligible Albertans may sponsor a parent, child, brother, sister, aunt, uncle, niece, or nephew for provincial nomination.
The family members coming to Alberta will have to meet provincial eligibility criteria and be able to join Alberta’s labour market.
They must be between 21 and 45 years old and have both post-secondary education and work experience.

Applicants do not need to have a job before they apply.

The AINP fast-tracks the immigration process for people applying for permanent residency. Applicants will then need to go through the standard federal security and health checks. Citizenship and Immigration Canada makes the final decision on permanent resident visas.

I would like to immigrate to Alberta, but I do not have an employer or a job offer. Can I still apply to the Alberta Immigrant Nominee Program?

No.. Individuals who wish to immigrate to Alberta but do not have a job offer or employment with an approved Alberta employer may apply for the normal process of immigration to Citizenship Immigration Canada.

However, if you have HB1 status in the United States, you may apply to the AINP without an employer or a job offer.

Can an individual who is considered a refugee apply under humanitarian grounds to the Alberta Immigrant Nominee Program?

No. The AINP is an economic program to address skill shortages where training, education, and experience have been demonstrated, with the potential employee occupationally ready to start work.

The AINP cannot interfere with the federal Citizenship Immigration Canada refugee claim, appeal, or removal process.

Employer Questions

What is a business case?

A business case shows the employer’s need for the job and his or her inability to fill the position with a qualified Canadian citizen or permanent resident of Canada. This information must be provided in the skilled worker, international graduate, and semi-skilled worker categories. The information in the application forms and the required supporting documents help to establish the business case.

How long must a temporary foreign worker be employed with me before I can nominate that worker under the Alberta Immigrant Nominee Program?

If you have a probationary period for your employees, a candidate must first successfully complete this probationary period prior to nomination.