Immigration Corner | No LMIA required for British Columbia tech job

Dear Miss Powell,

I am a computer programmer and my wife is a graphic designer. She has a half-brother living in British Columbia. He says that it is a nice place, and he would be willing to assist us in any way he can to move to Canada. We would like to know what our options are to get to live there. I hear that Canada has been denying all applications from people from Jamaica lately. I don’t want to apply unless I have a good chance of getting to go with my family. Can you please tell us why they are rejecting applications from Jamaica? Would a job offer help? My brother-in-law says he could get a job offer, but the employer won’t do an LMIA (Labour Market Impact Assessment). Is one required? Thank you for your time, and I look forward to reading your answer in The Gleaner.

AG

Dear AG,

The government of Canada has not stopped accepting applications for permanent residence and they are not denying applications from Jamaica in particular. Immigration, Refugee and Citizenship Canada (IRCC), the department that handles all immigration matters, has a commitment to handle all applications in a fair, just and impartial manner, no matter the country of origin.

Each applicant needs to ensure that he is familiar with the rules and regulations that govern the application process for each programme. The government of Canada has a commitment to assess each application, based on the provisions of the Immigration and Refugee Protection Act and Regulations, to determine if the applicant qualifies under the programme for which he has applied, and assess whether the individual is admissible to Canada.

Based on the basic information that you have provided about your occupation, it appears that you may qualify under the Express Entry System and the Provincial Nominee Programme.

EXPRESS ENTRY SYSTEM

The Express Entry System manages the economic programmes of Federal Skilled Work Programme, Federal Skilled Trade Programme, Canadian Experience Class (CEC) and Provincial Nominee Programme (PNP). Eligibility to enter the pool of candidates is based on your age, education, work experience, language skills, family ties to Canada and other factors, such as job offer or provincial nomination.

The government has been focusing on granting permanent residence to individuals who may qualify under the CEC or PNP category within the last year, due to the pandemic. Therefore, many individuals have been using the Provincial Nominee Programme as a pathway to be able to live permanently in Canada.

Each province has their own PNP, and has outlined the requirements and application process on their website. Since you are interested in British Colombia (BC), I will highlight the key factors to consider.

BC PROVINCIAL NOMINEE PROGRAMME

The BC PNP Tech is accepting application from qualified individuals who are deemed eligible based on the express entry or the skills immigration stream. To qualify under this category, you must have a valid job offer from an authorised Canadian employer. Additionally, the job offer must fall within one of the 29 occupations listed on the province’s website.

The list of in-demand occupations includes telecommunications managers, computer and information system managers, computer technicians, user support technicians, civil engineers, chemical engineers, mechanical engineers, database analysts and consultants, web designers and developers, broadcast technicians, audio and video recording technicians, graphic designers and illustrators. Also in demand are industrial instrument technicians, biological technologists and technicians, managers of publishing, motion pictures, broadcasting and the performing arts, editors, authors and writers, to name a few.

The application consists of a registration or expression of interest, application, and the nomination stages. Individuals must meet all the programme requirements for each stage of the process to advance to the next.

You may register for free on the province’s website, but you must first have a valid job offer, as you will be required to include information about your prospective employer when you register.

JOB OFFER

A job offer is deemed valid only if the occupation is on the list of in-demand jobs, you are qualified for the job based on Canadian standards, and the offer is for at least one year in length. Additionally, the employer must be able to meet all the requirements of the programme.

Although under the Express Entry System, most job offers must be from an employer with an LMIA-positive report, in this case, the employer does not need an LMIA report if the occupation is on the list of in-demand jobs. Also, for some categories, prior work experience is not required.

If you satisfy the requirements, you will receive an invitation to apply for a nomination. At this point, you will need to submit documents to substantiate the information you provided in the expression of interest. You will be required to pay an application fee of CDN$700 to the province at this stage.

Once you have been granted a provincial nomination, your next step will be to apply to IRCC to grant you permanent residence of Canada via the Express Entry System. You will automatically be given 600 points and would most likely be invited to apply for permanent residence in the next draw. Once you have completed this stage, an officer will then assess your application based on the immigration rules. If you pass all the medical and criminal checks and supply all the required documents, you should be granted a confirmation of permanent residence to live in Canada.

I suggest that you book a consultation with an authorised Canadian immigration lawyer to assist you to determine the best category for you and your family, based on the details of your background and qualification.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, commercial, estate planning. Call 613.695.8777, or find her on Facebook, Instagram and Twitter.