[Al Parsai]

It does because family members of PGWP holders apply under C41 by default.

[Al Parsai]

How is the child going to travel to Canada? If both parents will pick the child up, then include an explanation letter. However, if one of the parents or another person will bring the child, the parents need to issue a consent letter.

[Al Parsai]

Yes, you may watch the CPD videos from 2024. I believe you can locate them here: https://icnclub.ca/cpd-videos-members/

[Al Parsai]

Hi Arsh

For in-Canada applications, the only option is on paper.

You are answering the questions correctly.

Al

[Al Parsai]

For FST, we either need the provincial license or a job offer. If none exist, they won’t qualify.

OINP does not care if the person is qualified for FST or not.

[Al Parsai]

Thank you for the detailed context and for outlining the situation. Here’s a breakdown of the key considerations and my professional input on the Alberta Immigrant Nominee Program (AINP) question:

Key Issues to Address:
Must the primary NOC in the EOI profile align with the Express Entry profile for AINP?

The primary NOC in the EOI profile does not necessarily have to be identical to the primary NOC in the Express Entry profile. However, the work experience submitted for the Alberta Opportunities Stream (AOS) must meet the specific eligibility requirements, which include:
The candidate’s current occupation must align with their Alberta job offer if applicable.
The NOC listed in the application for AOS should reflect 12 months of full-time work experience in Alberta in the same occupation (or closely related NOC).
Switch from Rural Renewal Stream (RRS) to Alberta Opportunities Stream (AOS):

While the Rural Renewal Stream permits work experience in multiple related NOCs, the AOS has stricter requirements. Specifically:
For AOS, the 12 months of work experience in Alberta must be continuous and in the same NOC. IRCC and the AINP are typically strict on this point.
Duties between NOCs, even if closely related (e.g., teaching at a college vs. university), must fall under the same NOC if applying under AOS to minimize refusal risks.
Impact of Active EOIs on Receiving Future ITAs:

You are correct: an individual can only have one active AINP Worker EOI at a time.
If an ITA is issued under AOS and an application is submitted, the applicant will be considered under AOS exclusively, and their RRS eligibility will not be assessed in parallel.
If a draw occurs for RRS while the client’s profile is active for AOS, they will not receive an ITA for RRS.
Risk Assessment for AOS Submission:

Discretionary Evaluations: While NOCs with comparable duties (e.g., teaching at a college vs. a university) may strengthen your argument, there is no guarantee this will satisfy AINP assessors under AOS. A refusal could result in lost time and the need to reactivate the RRS profile.
Calculated Risk: If the client’s work experience aligns closely with a specific NOC under AOS and supporting documents are clear and robust, it may be worth pursuing AOS. However, weigh the timelines and consequences of potentially missing an RRS ITA.
Recommendations:
Confirm NOC Eligibility for AOS:

Double-check if the client’s NOC duties align under one specific NOC category that qualifies for AOS. Refer to the National Occupation Classification (NOC) Matrix for detailed comparisons of related duties.
Clarify Work Experience Details:

Ensure the 12 months of Alberta work experience meet AOS criteria. Discrepancies between NOCs could lead to refusal.
Reassess Priority Streams:

If the client has stronger eligibility under RRS, consider withdrawing the AOS EOI and focusing on RRS to avoid lost opportunities.
Mitigate Federal Risks:

For Express Entry, applying through the Canadian Experience Class (CEC) makes sense if the 12 months of work experience are valid in Canada. Ensure federal documentation corroborates provincial submissions.

[Al Parsai]

Hi Wisdom,

Generally speaking, deemed rehabilitation falls under R18(2). There are not many case laws related to deemed rehabilitation, but consider the following: Bello v. Canada (Citizenship and Immigration), 2023 FC 1094

Finally, please read my article on this topic:

Deemed Rehabilitated in Canada – Deemed Rehabilitation

If you are dealing with a complicated case, consider co-counselling with me or booking a mentorship session.

Good Luck
Al

[Al Parsai]

Hi Marie,

Key Points to Consider:
Current Work Permit Expiry:

The individual has three months left on their open work permit and cannot extend it further under the new rule effective January 21, 2025.
The employer plans to proceed with the Nova Scotia Provincial Nominee Program (NSPNP) Skilled Worker Stream, bypassing the need for an LMIA.
Legal Status and NSPNP:

NSPNP requires applicants to maintain valid legal status in Canada. While a valid work permit is not explicitly required, the individual must remain in Canada legally.
If the work permit expires before receiving a nomination, transitioning to visitor status is a viable option. However, during this period, the individual cannot work legally.
Impact of Visitor Status:

Changing to visitor status will not negatively affect the NSPNP application as long as the individual maintains legal status and the permanent, full-time job offer remains valid.
The employer must confirm, in writing, their continued commitment to the job offer during this period.
Post-Nomination Options:

Upon receiving the nomination and a support letter from NSPNP, the individual can apply for a new employer-specific work permit through IRCC. This work permit would allow them to resume working while awaiting permanent residence processing.
Options to Consider:
Option 1: Transition to Visitor Status Before Work Permit Expiry
The individual can apply for a visitor record before their work permit expires to maintain legal status.
The employer should provide a letter confirming the ongoing validity of the permanent job offer.
Pros:

Maintains compliance with NSPNP’s requirement to have valid legal status.
Avoids falling out of status, which could jeopardize the nomination application.
Cons:

The worker cannot work while on visitor status, which might raise questions about the job offer unless clarified with NSPNP.
Option 2: Apply for a New Work Permit After Nomination
Once nominated, the individual can use the NSPNP support letter to apply for a new employer-specific work permit.
Additional Recommendations:
Contact NSPNP Authorities:

It is highly advisable to reach out to NSPNP directly to confirm whether transitioning to visitor status would impact the nomination. Provinces often clarify specific requirements or nuances that can help avoid misunderstandings.
Timely Submission:

Ensure the PNP application is submitted promptly, with all necessary employer documentation supporting the permanent, full-time job offer.
Professional Guidance:

Consider consulting a Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer to ensure every step aligns with federal and provincial regulations.

[Al Parsai]

In non-compliance situations, the student is banned from applying for a study permit under R221(a) unless six months have passed since they ended non-compliance.

There are two solutions: (1) Leave Canada and apply after six months (2) Stay and apply for TRP

Both options are risky, though.

[Al Parsai]

According to their announcement, they won’t process any applications submitted after Dec 31, 2024. However, to be on the safe side you may fix the issue and try to resubmit it.

[Al Parsai]

This situation arises because officers under R185 have the authority to impose conditions on work permits. In your client’s case, the condition on the OWP specifies that it is only valid while the spouse is a full-time enrolled student in a PGWP-eligible program. While such conditions are not common, they are legally valid.

This condition is no longer met once the spouse completes their studies and receives their completion letter. While the work permit does not expire until August 30, 2025, the authorization to work under the license ends when the condition is no longer satisfied. Therefore, your client cannot continue working after the spouse finishes their studies. However, they may remain in Canada (without working) up to the expiration date of the permit.

[Al Parsai]

Don’t worry. It’s just that the DN (the Domestic Network) has decided to move the application to another office. This could be for the distribution fo the workload or because Etobicoke is better equipped to process the application.

[Al Parsai]

That’s a fantastic suggestion. I talk to Ayyaz to see if we can make this happen.

[Al Parsai]

The test date, not the results date.

[Al Parsai]

That’s correct. If they submit the application after two years, it will be refused.

[Author]

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