MPNP: From Temporary Status to PR Status

Backgrounder: Temporary Status

On a basic level, there are 4 levels of status in Canada: citizenship, permanent resident (PR) status, temporary status and without status. Individuals come to us with all levels of status and we work to either keep their existing status, for them to gain status themselves or for them to help someone else with their status (for example: their spouse). Each level of status affords different levels of rights and privileges. For example, someone with temporary status does not have the right to work unless they have a work permit or other permission whereas a permanent resident can work anywhere in Canada.

One Route from Temporary Status to Permanent Status

When we are contacted by an individual overseas, one common scenario is that they often have a means to come to Canada for a visit or they are interested in studying but their goal is to move permanently. Canadian law allows to have a “duel intent” when entering the country; a foreigner can enter on a temporary visa with the intention to come for a visit and, at the same time, also have the long-term goal of staying permanently.

Caution: in these circumstances, we would recommend that you hire a representative to draft submissions to the Officer to avoid being detained or refused entry.

One route to PR status is through studying and working in Canada. The steps are these: 1. TRV + Study Permit; 2. Post Graduate Work Permit; 3. MPNP Skilled Worker Application; 4. PR application to IRCC.

Step 1: Study Permit

Study Permits are issued by Canadian Visa Offices abroad. International students contribute to Canadian universities both financially and culturally. In tuition, they pay considerably more than other students. According to Statistics Canada, students can pay more than $35,000 per year for an undergraduate program:

Tuition ON

In Manitoba, there are 2 many benefits for choosing to study in this province: 1. tuition may be less comparable to other urban centres; 2. positive tax benefits for money paid in tuition through the Tuition Fee Income Tax Rebate (up to $25,000 may be deducted).

Temporary Status

These rebates are only a benefit, however, if the individual files taxes in Canada and lives in Manitoba. It is not open to residents of other provinces.

Step 2. Post Graduate Work Permit

A work permit issued under the Post Graduate Work Permit (PGWP) program may be issued by IRCC to a foreign student for the length of the study program, up to a maximum of 3 years. This is beneficial for both the students, who wish to work in Canada and continue to establish themselves, the Canadian employers and the Canadian economy. As mentioned by Minister John MacCallum at the CBA Immigration Conference in April 2016 in Vancouver, he sees foreign graduates of Canadian universities as one of the top priorities of IRCC.

Be prepared. Please note that the timelines for applying for the PGWP program are strict. Failure to apply early and/or meet the requirements may lead to a refused application.

Step 3: MPNP Skilled Worker in Manitoba stream

When the foreign national completes 6 months of full-time, continuous work in Manitoba and the company provides an Offer Letter, then the individual may apply under the MPNP program (other factors notwithstanding). This application may lead to a Nomination Certificate from the Manitoba government and the support of the province.

For more information about MPNP applications and tips on how to succeed with a MPNP application, see our previous posts on this subject.

Step 4: PR application to IRCC

After the applicant receives the Certificate, they may apply for PR status to the federal government. For more information about applications and fees, please contact our office directly.

MPNP: How to Apply … and Tips!

A successful Manitoba Provincial Nominee Program (MPNP) application leads to Permanent Resident status in Canada. Ideally, we prefer to assist clients with their MPNP application from start to finish. Clients, however, often approach us after when they are already in the process and they encounter an issue that they cannot handle themselves (or that their consultant cannot handle). The MPNP website provides a basic 3 steps on their website on how to apply for the MPNP. In reality, however, there are many more steps involved in creating a strong application. Here is a guide to the process to help you understand all the steps and the work involved:

Step 1: Initial Assessment and Document Review

During this stage, it is important to build the application based on your circumstances to put together the best application. We almost never see an initial application that is perfect. There are many different categories and types of circumstances that MPNP look at. It is important to make sure the application is strong before you send it to the government.

Step 2: Points Calculation and SubmissionImmigrate to Manitoba

After we have strengthened the application to give the applicant the best chance of success, we review the points calculation based on relevant law and policy. After we determine that the application is strong, then we can proceed to the next step.

TIP: Submitting a weak application that leads to a refusal can negatively impact future applications.

When the points calculation leads to the best possible result, we submit the preliminary information to MPNP and create an Expression of Interest (EOI) Profile online. The system generates an EOI Ranking Points assessment based on the information provided. This points calculation will be used to compare your application with all the other applicants in the MPNP pool.

There is no government fee for submitting an application to MPNP.

Step 3: Monitor the MPNP Draws and Review the Minimum Necessary Points

The MPNP program constantly reviews the applications in the system. They select the applications is the highest scores in their pool every 2 weeks or every month in a regular “draw”. They produce statistics from the draw and publish the numbers on their website here. 

According to MPNP: “The highest-scoring qualified candidates with a connection to Manitoba are invited to submit an MPNP application.”

Since the first draw in early 2015, the minimum required points has varied from the 400s to the 700s. The applications are determined based on many factors, including the labour market and the strength of the other applications in the pool at any given time.

MINIMUM POINTS FOR 8 JUNE 2016 DRAW: SKILLED WORKERS IN MANITOBA: 665 POINTS & SKILLED WORKERS OVERSEAS: 550

The EOI profile remains in the system for 1 year and will be considered during every draw, after the preliminary assessment.

Step 4: After Applicant is Selected, Letter of Advice to Apply (LAA)

When the initial application is successful in one of the regular draws by MPNP, they issue a Letter of Advice to Apply (LAA). The letter acknowledges that Manitoba is interested in the initial application and they are requested to submit a full application within 60 days. At this step, the applicant is required to produce supporting documentation to show all the material facts in the initial application (at the EOI stage) are true.

Clients regularly contact us after they receive the LAA. One potential issue is that the information provided and supporting documentation at the LAA stage must be consistent with the information provided at the EOI stage. If there are inconsistencies, MPNP may investigate the application.MPNP

TIP: Make sure all the information submitted for the initial EOI is 100% accurate to avoid future issues and frustration. Preparation is key to success.

BONUS TIP: If you chose to submit the EOI yourself, retain copies of all information provided so that your representative has all the necessary materials to help you at the LAA stage.

There is no government fee for submitted the full application to MPNP at the LAA stage.

Step 5: MPNP Nomination Certificate

Congratulations! The government of Manitoba has a limited number of certificates. For 2016, the federal government has allocated 5,500 certificates to the province. Once an applicant receives a certificate, the province will support the application for Permanent Resident status to the federal government (IRCC).

Step 6: PR Application to IRCC

At this point, the PR application is processed with Immigration, Refugees and Citizenship Canada (IRCC) at the federal level. Normally, the IRCC Officer in charge with examination screens the application for inadmissibility; however, they also have the power to conduct an investigation into settlement issues and misrepresentation, based on individual circumstances.

The fees for submitting the PR application to IRCC vary depending on the family size. The minimum fee for this application is CAD $550.00.

Step 7: RPRF

Once the application has passed all the steps above, the last step is the pay the Right of Permanent Resident Fee (CAD $490.00), unless the applicant falls within one of the exempt categories. After the fee is paid and the PR Visa is validated, the applicant “lands” in Canada and has all the rights of a Permanent Resident.

MPNP: How to Apply – Conclusion

At Clarke Law, we guide you through all the steps above. Our professional fees for the services listed are available online. If you would like assistance, please contact us directly.

Immigration Questions from Presentations

These past few weeks have been very busy and we wanted to thank everyone for their support. At the PCCM event on Jan 30th, more than 100 people came to the event. The room was full and the audience was engaged. Last night, we have a presentation at Munroe Library in Winnipeg and, again, the room was packed and there was active participation. We met folks from Ukraine, Philippines, India, Pakistan, the USA, Nigeria, Egypt, Australia, El Salvador and many others. We answered many immigration questions. Here are some of the questions that Mr. Clarke answered during the 5 hours of presentations:

  • If my Super Visa is going to expire but my husband has submitted an In-Canada Spousal Sponsorship application, do I need to apply to extend my Visa?
  • Can I sponsor my brother in Punjab?Immigration Questions
  • If my MPNP application is refused, how do I appeal the decision?
  • I want my mother from the Philippines to come and take care of my children. How do I bring her to Canada?
  • MPNP is no longer accepting applications from Nurses and my sister is a Nurse. How I can I help her come to Manitoba?
  • My son married a woman from Wisconsin and she has children from a previous marriage. Do the children become Permanent Residents too?
  • What are the benefits of becoming a Canadian citizen?
  • If I become a citizen, do I lose my American citizenship?
  • My brother was refused entry to Canada but we don’t know why. How can we find out?
  • How long does it take for a MPNP application?
  • How many people can I support for MPNP applications?
  • My brother wants to come to Canada but he is not sure if he will come to Manitoba. He is interested in Toronto. If I help him with his MPNP application, can he move to Toronto? Can Manitoba come after me?
  • How long does it take to process a Parental Class application?
  • How many times can I extend my visa?
  • And many more!

If you have any of these questions or you have other immigration questions, please come to the next presentation or contact our office. Click here for information on how to schedule an appointment.

CLEA: Immigration Presentation

As part of the Law in the Library series, Alastair Clarke will be giving a free presentation to the public on May 19, 2015 at St. Vital Library. Everyone is welcome to attend.

Topics:

  • Spousal Sponsorship applications
  • Temporary Resident Application
  • Temporary Resident Permits
  • Citizenship Applications
  • Dependent Children – changes to the definition in IRPA
  • Manitoba Provincial Nominee Program
  • And more more.

For more information, check out the CLEA Website for more details and to RSVP.