How long must a foreign national be employed before an employer can apply to the Nominee Program?
Under the Critical Impact Worker Stream, the foreign national must be employed in their position for a minimum of six months. The Skilled Worker Stream and Express Entry Stream do not have minimum time requirements for employment with the nominating employer but the foreign national must have at least one year experience in the occupation they are being nominated for.
What is the processing time for an application?
If the application is complete and error-free, it will take up to ten (10) weeks to process an application from the date received.
What is a NOC code?
The National Occupation Classification (NOC) is the authoritative resource on occupational information in Canada. The basic principle of classification of the NOC is that of kind of work performed. Occupations are identified and grouped primarily in terms of the work usually performed, this being determined by the tasks, duties, and responsibilities of the occupation. The chosen NOC code must be consistent throughout the application.
For more information on NOC codes please visit https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html.
What is the industry rate of pay?
The Employer must provide a comparable industry rate of pay based on Job Bank wage information, the businesses’ existing workforce rate-of-pay, rate-of-pay as advertised, and rate-of-pay in the Labour Market Impact Assessment (if applicable). Rate-of-pay must always be equal to or more than the current minimum wage of the Northwest Territories.
Please refer to the Government of Canada’s Employment and Social Development Canada website at www.jobbank.gc.ca as a guide. This resource provides detailed information on wage rates by National Occupation Classification (NOC) code and region.
Please refer to the median wage rates for the Northwest Territories. If the wage information for the NOC code is not available for the Northwest Territories, please refer to wages from these regions in the following order: Yukon, Northern Alberta, Alberta, Canada.
Is the employer required to submit financial statements?
No. The employer is not required to submit financial statements; however, Nominee Program staff may request financial statements to ensure the company is operational and viable.
Do I need to submit an LMIA?
Employers applying to nominate a foreign national through the Employer driven streams do not need to submit an LMIA, but must follow advertising requirements.
What are the advertising requirements?
Employers who apply to nominate foreign nationals under the Employer Driven streams and who don’t have a valid Labour Market Impact Assessment must advertise locally on two local new-sharing platforms, nationally on the Government of Canada’s JobBank and on an industry job board (optional).
For Skilled Worker and Express Entry Streams: Advertisements must be posted for a minimum of thirty (30) consecutive calendar days and placed within six (6) months immediately prior to the submission of an application.
For the Critical Impact Worker Stream: Advertisements must be posted for a minimum of sixty (60) consecutive calendar days and placed within twelve (12) months immediately prior to application submission.
What is required as a summary of results of advertising?
The summary of advertising results must include a list of all applications received in response to the advertised position and a detailed list of reasons for refusal of employment. The Employer must also provide an explanation describing why the Foreign National is the best candidate for the position. It must also be dated and signed by the Employer.
Can I nominate someone without a valid work permit?
Foreign Nationals currently in Canada must have legal status to work and must have a valid work permit for the duration of the application process.
Foraging nationals abroad are typically not eligible for nomination. However, in exceptional circumstances and depending on the Employer’s business case and operational circumstances, the Nominee Program may consider assessing a file.
Can I nominate a Foreign National from abroad?
Critical Impact Workers (NOC C & D) abroad are not eligible for nomination, as they must work for their northern nominating employer for a minimum of six (6) months prior to applying to the program.
Skilled workers (NOC O, A & B) are typically not eligible for nomination when living abroad or in Canada without a valid work permit. However, in exceptional circumstances and depending on the Employer’s business case and operational circumstances, the Nominee Program may consider assessing a file.
Can I appeal a negative decision?
An employer or an employer’s immigration representative may request to appeal the decision after an application has been denied. An appeal can only be based on the process and not the criteria and solely on the forms and/or documentation provided in the original application package. A request for an appeal must be made in writing within 30 calendar days of the date on the denial letter.