After receiving an LMIA or Provincial Nomination based job offer from one of our clients, the candidate should secure enough points under the Comprehensive Ranking System to receive an invitation to apply and can then proceed to submitting a permanent residency application under the Federal Skilled Worker stream. Federal skilled workers are selected on the basis of their ability to accumulate 67 points in the following categories:

• —proficiency in one or both official languages,
• —education,
• —work experience,
• —age,
• —arranged employment, and
• —adaptability (previous work and study in Canada, an accompanying spouse / common-law partner’s education and the presence of relatives in Canada)

Like the Federal Skilled Worker stream, applications under the Canadian Experience Class program are managed by the Express Entry program. With the introduction of the Express Entry program, CEC no longer present a viable alternative for permanent residency application as the program requires the candidate to accumulate one year of qualifying work experience in Canada. Specifically, to apply for permanent residence under the Canadian Experience Class, you must meet the following requirements:

• High Skilled Work experience: 12 months of full time work experience in a high skilled job within the 36 months preceding your application.
• Language proficiency requirements: Depending on the nature of your work experience you have to meet either level 7 or level 5 under the Canadian Language Requirements in either English or French.

The main advantage of a Canadian Experience Class application was the simplicity of the requirements and fast processing times however the introduction of selection based system makes the CEC program less desirable than other options.

The Federal government has allowed Provinces to nominate candidates based on their ability to meet the specific economic needs prescribed by the particular province, this is typically referred to as the employer driven stream of the various provincial nomination programs. Some of the employers we work with prefer to utilize this option which enables our candidates to apply for Canadian Permanent residency through the Provincial Nomination stream. This immigration option can be divided into two parts:

• Receiving a nomination certificate from the province in question (processing in Canada);
• Waiting for your permanent residency processing whether directly or after receiving an invitation to apply under the Express Entry program to doing so directly.

Generally, in order to receive a Provincial Nomination, the candidate has to fill in the applicable forms and present a permanent, full time job offer. Such an offer is typically presented in a form of an employment contract between the candidate and the employer. Once the paperwork is processed, the candidate receives a Provincial Nomination Certificate from the province in question. That certificate can then be used to apply for a work permit while at the same time awaiting your permanent residency application to be processed by your local visa office. Just as with a Federal Skilled Worker application based on a permanent employment LMIA, the candidate begins his employment in Canada while awaiting the processing of his permanent residency application. Obtaining provincial nomination typically takes from two to four months. Whatever avenue you chose to pursue, it is vital that your application is prepared by an experienced immigration lawyer. For more information on immigrating to Canada visit the website of our sister firm Levine Associates.