The provincial nominee rules recognise that provincial governments are in the best position for determining their specific economic needs with respect to immigration. Therefore, immigration officers have the ability to assume that any candidates that a particular province nominates will, in the view of the provincial officials, be able to:
- Demonstrate the intent of residing in the nominating province and,
- Have a strong likelihood of establishing themselves economically in Canada
In some cases, though, situations could arise where the immigration officers come into possession of certain information that could bring these assumptions (made by the provincial officials) into question. In this scenario, the immigration officers have the ability to ultimately refuse to issue a visa to the provincial nominee. For obtaining further details on the refusals of provincial nominees, readers would need to go through the section titled ‘The Guidelines for Processing the Application’ that appears subsequently in this document.
The Guidelines for Applicants Who Have a Valid Temporary Status in Canada
The authorities would typically issue many foreign nationals in the Provincial Nominee Class with permanent resident visas. To become permanent residents in Canada, these individuals would need to:
- Be temporary residents in Canada and,
- Present their permanent resident visas to officers at:
- A port of entry or,
- A Citizenship and Immigration Canada (CIC) office in Canada – this is in accordance with the provisions specified in R71.1
In some cases, the authorities might issue permanent resident visas to foreign nationals outside Canada. These individuals would need to present their visas at a port of entry once they enter Canada. Doing so would enable them to become permanent residents.
The Guidelines Concerning the Order of Admission of the Applicants
The accompanying family members of provincial nominee applicants can become permanent residents as well. However, for this to take place, they would need to become permanent residents at the same time as, or after, the principal applicant has become a permanent resident. As such, under no circumstances, can accompanying family members become permanent residents before the principal applicant. This is in accordance with the provisions specified in R87.1.
All accompanying family members of principal applicants in the Provincial Nominee Class are eligible for becoming permanent residents if:
- They have received permanent resident visas and,
- They are seeking admission to Canada on or after September 02, 2008
However, these individuals would only be able to become permanent residents if the principal applicant has become a permanent resident in accordance with the regulations in effect as of September 02, 2008.
The Guidelines Concerning Passive Investment and Immigration Linked Investment
A passive investment refers to a situation when an individual invests capital in a business or organisation. However, this individual does not have any active involvement in the management of the business or organisation. The authorities have prohibited such investments under the provisions specified in the Immigration and Refugee Protection Regulations (IRPR).
Therefore, the authorities have precluded foreign nationals from being considered as members of the Provincial Nominee Class if the nomination was based on:
- Their provision of capital in an immigration-linked investment scheme or,
- Their participation in an immigration-linked investment scheme
However, the authorities would still need to consider certain foreign nationals as members of the Provincial Nominee Class. The authorities would typically do this if, in their view:
- The capital provided by the foreign nationals to a business is not made primarily for the purpose of deriving interest, dividends or capital gains
- The foreign national controls, or will control, at least 33 1/3 percent of the equity in the business or, if the foreign national has made a minimum of $1 million equity investment in the business
- The foreign national will participate actively in the management of the business on an ongoing basis and,
- The terms of investment in the business do not include a redemption option
The officers would typically consider the percentage of equity controlled by both the principal applicant and their spouse or common-law partner, while assessing the percentage of equity owned by the principal applicant. This is consistent with the practices the officers usually follow for other federal business classes.
The Exclusions
The authorities have the ability to exclude from the Provincial Nominee Class any applicants:
- Whose nomination arose from their provision of capital i.e. passive investment or,
- Who intend to participate (or have participated) in immigration linked investment schemes
These exclusions aim to prevent the Provincial Nominees Program from undermining the federal immigrant investor program. These details are in accordance with the provisions specified in R87 (5).
