The federal government of Canada has jurisdiction over all immigration issues. However, it has created a special agreement with each province and territory (P/T), so that each P/T has the authority to nominate candidates for permanent residence based on their ability to become economically established in Canada. In other words, each province or territory may select a limited number of immigrants to meet their specific economic or labour needs.
Even after obtaining such a nomination, the nominee must still meet all federal statutory requirements, including medical and criminal clearance. One key statutory requirement is an applicant’s “financial capacity”—CIC may refuse admission to any nominated applicants that cannot demonstrate an ability to establish themselves economically in Canada. To make this determination, visa officers may request additional information and documentation from applicants. Important factors include an applicant’s current job or job offer, language ability, work experience, and education and training. The weight afforded to these factors may vary on a case-by-case basis.
Before making a final determination, the visa officer will examine all of the information provided and confirm that there are no inconsistencies. If a visa officer is not satisfied that the applicant has demonstrated his or her ability to become economically established in Canada, procedural fairness guidelines dictate that the visa officer send a letter to the applicant, with a copy to the nominating P/T, indicating that the information provided does not satisfy the officer. Both the applicant and the P/T will have an opportunity to respond with additional documentation to support the application or nomination. To ensure a successful application, it is critical for nominee applicants to provide the best information available regarding their ability to establish themselves economically in Canada. For further information about the P/T Nominee Programs, please contact our office.
If you have any individual questions or concerns, please contact our office for more customized consultation for your unique situation. Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable.