MPNP Operational Guidelines

MANITOBA PROVINCIAL NOMINEE PROGRAM FOR SKILLED WORKERS

POLICY AND PROCEDURES

MPNP Policy and Procedures

1 OVERVIEW

POLICY

The Immigration and Refugee Protection Act (IRPA) allows Canada’s Immigration Minister, with the

approval of the Governor in Council, to enter into an agreement with the government of any

province for the purposes of the Act (Section 8 (1)).

The Canada Manitoba Immigration Agreement (CMIA) is an agreement between the Government

of Canada, as represented by the Minister of Citizenship and Immigration, and the Government of

the Province of Manitoba, as represented by the Minister of Labour and Immigration.

The Provincial Nominee Class is designed to enable provinces to support the immigration of persons

who have expressed an interest in settling in their province and who the province believes will be

able to contribute to the economic development and prosperity of that province and Canada (OP

7(b) – CIC).

The Manitoba Provincial Nominee Program (MPNP) offers to qualified skilled workers, with

characteristics indicating a strong potential of becoming economically established in Manitoba, an

opportunity to be assessed as candidates who can make a positive long-term contribution to the

provincial economy and are therefore nominated for Permanent Resident Status in Canada.

GENERAL GUIDELINES

i) Candidates who believe they qualify under program criteria may submit an Expression of

Interest (EOI). The Immigration Department’s website contains links to self-assessment tools

and all necessary information regarding program criteria, NOC descriptions, and required

supporting documents.

ii) Candidates are responsible for providing full and accurate information in their EOI and ensure

that all information provided can be substantiated with supporting documentation, should they

be invited to submit a full application.

iii) EOIs are ranked against others in the pool of submitted EOIs. On a regular basis, the MPNP

conducts draws from this pool and invites the highest-scoring candidates to submit full

applications. The draws may exclude certain occupations or profiles. Details on exclusions are

provided on the Immigratemanitoba.com website at the time of the draw.

iv) Applicants are responsible for providing full and complete applications and for providing

verifiable documentation and their bona fides with regard to all aspects of their application.

v) Applications are assessed against established program criteria.

vi) Approved candidates are identified as Manitoba Provincial Nominees who may be eligible for

permanent resident status in Canada.

MPNP Policy and Procedures

2 ASSESSMENT POLICIES AND PROCEDURES

EXPRESSIONS OF INTEREST

All eligible candidates interested in applying to the Manitoba Provincial Nominee Program (MPNP)

must first submit an Expression of Interest (EOI) to the program. EOIs are entered into a pool and on

a regular basis, the highest-ranking candidates in each category are issued Letters of Advice to Apply

(LAA), enabling them to submit a full application, provided they are not excluded for reasons that

are described on the Immigratemanitoba.com website.

RECEIVING AN APPLICATION

All applicants who receive a LAA must submit their complete applications to the MPNP, including all

required supporting documents, within 60 days of receiving their LAA. Applicants must follow the

MPNP document checklist included in the Online Application Tool to ensure all required documents

are included.

Applications submitted online are imported every 24 hours and are automatically assigned a file

number. Application data for all applications submitted is automatically transferred to the

Assessment Tool after electronic application submission. Applicants have the ability to provide

updates to some elements of their application and this information is automatically imported in

Case Notes for processing by the MPNP.

The application system automatically informs applicants or their paid representative that their

applications have been received by the MPNP. At the same time, if a Manitoba Supporter is

identified, he/she will receive an email requesting an endorsed Settlement Plan Part 2 and

supporting documentation.

PRE-ASSESSMENT

Applications are pre-assessed for eligibility and completeness by the Pre-Assessment Team. The Pre-

Assessment Team considers the following factors when determining whether or not to accept an

application for full assessment:

Eligibility

Applicants who are refugee claimants or refused refugee claimants living in Canada are not eligible

to apply to the program, but may submit an application after they have left Canada.

 Core Economic Criteria Eligibility: The applicant meets the minimum criteria of one of the

MPNP program categories.

 Manitoba Connection Eligibility: The applicant has established a connection to the province

through ongoing employment in Manitoba, previous education or work in the province, an

exploratory visit interview pre-approved by the MPNP, family or social ties.

If the application is considered ineligible for assessment because the applicant cannot clearly

demonstrate that they meet the Core Criteria Eligibility and/or Manitoba Connection Eligibility

factors outlined above, the Pre-Assessment Team will:

 Identify reasons for ineligibility in Case Notes;

MPNP Policy and Procedures

 Mark the file closed/ineligible;

 Inform the applicant and supporter or paid representative if applicable by email that the

application is ineligible for assessment.

If the file is eligible for assessment, the Pre-Assessment Team will then determine whether or not

the application is complete, as explained below.

Completeness

The Pre-Assessment Team determines whether or not all documents required for the principal

applicant and all accompanying dependents are provided and whether the documentation is

sufficient to complete an assessment and make a recommendation.

Document Integrity

The Pre-Assessment Team may flag file integrity concerns at this stage of the process according to

current issues and trends reported and as directed by the MPNP Management Team, and may:

 Enter an appropriate Case Note into the database for consideration during full assessment;

 Refer the file directly for integrity review (if the concerns fit a profile of issues flagged for

more systematic review).

QUICK REFUSALS

Applications that appear to meet eligibility and completeness criteria may be flagged for quick

refusal at this stage and will not undergo a full assessment in cases where:

 The applicant does not demonstrate their employability in Manitoba because of insufficient

official language ability or other labour market factors such as labour market saturation or

licensing barriers in their assessed occupation.

 Documentation on file is determined to be fraudulent and/or the information provided in

the application does not substantiate the claims made in the applicant’s Expression of

Interest.

NEXT STEPS

If applications are considered complete and eligible:

 Case Notes will indicate that the application has been pre-assessed and is ready for

assessment;

If the application is incomplete and the missing documents are essential for assessment (e.g.

education, employment or settlement fund documents required to determine eligibility and

potential for approval), the Pre-Assessment Team will follow these steps:

 The file is closed as ineligible;

 The reasons for closing the file are explained in Case Notes;

 The applicant and supporter or paid representative if applicable is informed by email that

the application is too incomplete for assessment and that it is now closed.

MPNP Policy and Procedures

If the file is incomplete, but has potential for approval:

 A Missing Documents letter is sent to the applicant and copied to the individual with

authority to disclose information on the file, if applicable;

 The rationale for keeping the file open is explained in Case Notes;

 The file continues as Active – BF (bring forward) until the missing information is received

and the Administrative Team changes the status;

 The file is BF’d for a period of time not less than 7 days, but no more than 90 days

 When the additional documents are received in the office, they are added to the file for a

document integrity review by the assessing Program Officer (PO) at the time of assessment;

 If the documents are not received by the due date, the file is assessed with the information

available to the PO at the time of assessment.

FILE DISTRIBUTION

Complete files are assigned randomly to POs for first and/or second assessment, according to

automatic assignment routines, caseloads and/or other priorities. After 1

assessment is complete,

the files are returned to the corresponding rotation for second assessment based on an assignment

routine scheduled by the MPNP.

1ST ASSESSMENT

When assessing MPNP applications, POs will consider the following:

 Potential for Approval based on published program criteria

 Document Integrity

 Employability

 Connection to Manitoba

POTENTIAL FOR APPROVAL

All applicants applying as Skilled Workers in Manitoba need to provide documented proof that

they:

 are in possession of a valid temporary work permit;

 have been working for a Manitoba employer in a full-time position for at least six months (1

year in the case of out-of-province International Students) prior to submission of their

application; and

 have received an offer of full-time, long-term employment from that employer.

All applicants applying as Skilled Workers Overseas need to provide documented proof that they:

 meet the human capital criteria for the MPNP, including age, education, work experience

and English/French language proficiency and score at least 60 points on the MPNP points

grid;

 have established a connection to Manitoba through:

MPNP Policy and Procedures

- A close relative in Manitoba, who is a Permanent Resident or Citizen of Canada, is

economically established and has been residing in Manitoba for at least one year;

- An invitation to apply received directly from the MPNP as part of a recruitment

mission or after successfully completing an exploratory visit; OR

- Previous work experience in Manitoba of at least six months; OR

- Completed post-secondary education in Manitoba of at least one academic year; OR

- A friend or distant relative in Manitoba who is a Permanent Resident or Citizen of

Canada, has been residing in Manitoba for at least one year, is economically

established and is not currently supporting the settlement of another applicant

through the MPNP.

Multiple supports

Support cannot be considered from individuals who are friends or distant relatives of the applicant

and are currently supporting the settlement of another individual through the MPNP or another

immigration program.

In these cases, the application will be forwarded to the Pre-Assessment Unit to close the file as

ineligible based on multiple supports, following the refusal guidelines outlined on page 10.

Points calculation for Skilled Workers Overseas

To be considered for approval, an applicant applying as a Skilled Worker Overseas has to score at

least 60 points on the MPNP points grid. Assessment is based on the following economic factors:

language proficiency, age, education, work experience and adaptability.

FACTOR 1: LANGUAGE PROFICIENCY

Language points are calculated based on documented proof of training and ability in one or

both of Canada’s official languages. Applicants are required to submit official results of an

MPNP-approved language test. Individuals in occupations in NOC skill levels C or D require

at least CLB 4 in each of the bands (reading, writing, listening, speaking) to be eligible.

Applicants who provide official test results demonstrating language proficiency in both

official languages can be awarded points for both.

FACTOR 2: AGE

Applicants are awarded points for this factor based on their age at the time the application

was submitted.

FACTOR 3: WORK EXPERIENCE

Points awarded for work experience are based on the documented proof of full-time

employment in the past 5 years prior to submission of the application. Only continuous

periods of employment of 6 months or more are considered when awarding points in this

category. Full-time employment is defined as working at least 30 hours every week for the

same employer.

Employers must be incorporated or registered by or under an act of the legislature of a

province or the Parliament of Canada and operating as a business that has an established

production capability, plant or place of business in Manitoba.

Employers must demonstrate to the satisfaction of the MPNP that they are an established

business with an ability to offer you full-time and long-term employment in Manitoba.

MPNP Policy and Procedures

Any periods of self-employment, unauthorized work, or periods of employment during

which applicants were engaged in full-time study (e.g. work experience gained on a co-op

permit) will not be included when calculating the period of qualifying work experience in

Manitoba.

Self-employed individuals, business owners, owner-operators and individuals providing

services as independent contractors to the business supporting their application are NOT

eligible to apply as Skilled Workers in Manitoba and any work experience in Manitoba

gained in those capacities will not be considered when calculating the qualifying period of

work in the province.

FACTOR 4: EDUCATION

Education points are based on documented proof of completed education and/or training

programs at institutions recognized by the source country’s regulatory body responsible for

higher educational institutions. No points are awarded for educational programs at

institutions/training schools that are not recognized.

FACTOR 5: ADAPTABILITY

Adaptability points are calculated according to documented proof of a strong connection to

Manitoba, as determined by the MPNP. If an applicant has more than one of connection to

Manitoba, points are only awarded for the highest-scoring valid connection. In addition, the

PO may consider awarding additional points for those with a demonstrated strong

connection to regions outside of the Winnipeg Census Metropolitan Area (CMA).

Points for Regional Immigration can only be considered in cases where:

 The applicant has clearly demonstrated that they have an established connection to

their destination outside of Winnipeg through existing family or social ties; and

 Have clearly and comprehensively outlined their plans for establishing their work

and social life in the respective region of Manitoba.

At this stage, the PO determines whether or not the file has a good potential for approval

by:

 Conducting a review of all supporting documents;

 Confirming the applicant’s connection to Manitoba;

 Assessing the applicant’s potential for successful long-term economic establishment

in Manitoba:

- While the applicant may currently be contributing economically, what is the

likelihood of continuing this contribution in the long-term based on the

applicant’s age at time of application, English or French language proficiency

and transferable skills?

- Does the applicant have a connection to other parts of Canada through

previous education or employment, close family members, previous

immigration applications or visits and do these ties to other parts of the

country appear to be stronger than the ties to Manitoba?

- Does the applicant demonstrate the existence of sufficient settlement

funds?

- Did the applicant provide a feasible settlement plan that clearly and

comprehensively demonstrates how they plan to continue their economic

establishment?

MPNP Policy and Procedures

NOTE: All applicants have to satisfy the MPNP as well as the federal government that they possess a potential

to establish successfully as independent economic immigrants. Factors such as amount of liquid settlement

resources, wages/salary and the number of additional family members who will accompany the applicant once

permanent residency is obtained need to be taken into consideration when determining an applicant’s long-

term potential for successful economic establishment.

If the file has a good potential for approval during 1

assessment, the following steps are taken:

 An integrity review of all supporting documents on file; and

 Direct verification of Manitoba connection.

DOCUMENT INTEGRITY

The PO completes a document integrity review of all supporting documents included in the

application, flagging any concerns, and provides a summary of the findings regarding the quality and

credibility of supporting documents. At this stage, the PO could:

 Take note of any file integrity issues and undertake due diligence as appropriate;

 Refer files directly for integrity review to the Integrity and Quality Assurance Unit (IQAU).

NOTE: For any MPNP application this may involve sending files to third-party verification agencies contracted to

undertake document integrity checks for that purpose.

EMPLOYABILITY

The applicant’s employability potential is determined by comparing their documented training,

skills, language proficiency with occupation-specific qualification and labour market requirements

for their assessed occupation in Manitoba, as well as the province’s labour market needs. The PO

completes an employability assessment by:

 Reviewing the applicant’s documented education, work experience and language

proficiency and assigning the appropriate NOC 2011 code according to supporting

documentation on file;

 Consulting available and relevant labour market information;

 Reviewing the applicant’s settlement plan to ensure that the applicant is aware of the

process of foreign qualifications recognition and has initiated the first preparatory steps, if

applicable, to have their qualifications recognized in the assessed occupation;

 Assessing the applicant’s potential for future employment in the same occupation based on

previous training, relevant work experience as a licensed professional in their home country

and language proficiency against the Manitoba licensing requirements;

 Assessing possibilities for employment in related, non-regulated occupations if barriers to

licensing are identified;

 Assessing the relevance of the applicant’s training as well as its comparability to post-

secondary training standards in Manitoba/Canada;

 Assessing the relevance of the applicant’s work experience as well as its comparability with

expected Manitoba hiring standards;

 Conducting adaptability analysis – relative assessment of positive and negative mitigation

factors for employability including language level requirements for the specific occupation,

financial resources to support supplementary training, available settlement resources

within Manitoba, assessing applicant’s potential for future employment in the same

MPNP Policy and Procedures

occupation based on previous training, relevant work experience as licensed professional in

their home country, language proficiency against the Manitoba licensing requirements, and

the extent to which applicant has demonstrated a practical and effective plan to address

employability challenges in a reasonable time-frame;

 Conducting labour market demand analysis - taking the assessment above into a

consideration, along with current supply dynamics for this occupation (nominations,

landings, Manitoba START registrations in the last 12 months, overall supply level),

projected supply and demand dynamics, evaluate the likely employability of the applicant in

their assessed occupation

CONNECTION TO MANITOBA

The PO confirms the applicant’s connection to Manitoba by contacting the employer, social/family

contact in Manitoba and/or the applicant by phone or through an in-person interview.

If an in-person interview is conducted, a second officer must be present during the interview.

If the applicant has established a connection to the province through ongoing employment as a

Temporary Foreign Worker, direct contact with the employer is established in all cases to ensure a

bona fide and ongoing employment relationship, employer support of a long-term employment

relationship and lack of any concerns about employee performance that could negatively affect their

long-term establishment as an economic immigrant.

If the applicant has established a connection to Manitoba through a close family member or a friend

residing in the province, contact is established with the close relative/friend to ensure existence of a

bona fide family/close friend relationship with an established Manitoba permanent resident,

familiarity with the applicant and their background and their Settlement Plan as well as lack of

retention concerns.

1ST ASSESSMENT DECISION

Approval

If the PO is satisfied that the applicant has demonstrated a strong potential for approval and no

concerns regarding document integrity, the applicant’s employment potential and connection to the

province have been identified, the PO recommends approval of the application. Applications are

automatically assigned to a different PO for 2

assessment.

Procedural Fairness

The MPNP’s Procedural Fairness process applies to applications submitted on or after April 30, 2015

and replaces the previous Request for Review (RFR) process. It provides applicants with an

opportunity to address any concerns regarding the credibility of an application prior to the MPNP

making a final decision.

If an application is being considered for refusal because of credibility or other concerns, assessing

PO will provide the applicant or their representative with a Procedural Fairness Letter. This letter

gives an applicant the opportunity to provide additional information to be considered in the final

decision. The applicant has 30 days to submit additional information to address the concerns

identified in the Procedural Fairness Letter.

MPNP Policy and Procedures

Steps of the Procedural Fairness process:

1. Fairness Letter: If the assessing PO determines that the information contained within the

application is not sufficient to complete the assessment or has any credibility concerns, a

Procedural Fairness Letter will be sent to the applicant and representative, if applicable. The

letter outlines all areas of concern with the application and is the ONLY opportunity given to

the applicant to address these concerns.

2. Applicant response: Applicants have 30 days to respond to the concerns raised in the

Fairness Letter. If no response is received, assessment of the application is completed with

the information already available to the MPNP.

3. Final decision: If a response to the Fairness Letter is received prior to the deadline, the

information provided by the applicant will be taken into consideration before making a final

decision on whether to refuse or approve the application. If the application is refused,

applicants have no further remedy and must submit a new Expression of Interest. It is

recommended to do so only when the concerns raised by the MPNP have been addressed.

Refusal

If concerns with an applicant’s potential to successfully establish in Manitoba, document integrity,

employability and/or their connection to Manitoba are identified, the file can be referred for refusal

during the first assessment. The following steps are taken:

 The PO clearly captures the rationale for recommending refusal in the case notes, enters a

refusal statement outlining the reason(s) for refusal and makes a 1

recommendation in the

assessment screen of the Assessment Tool

 The Refusal Statement must reference MPNP policy guidelines as described on the MPNP

website and one or two statements describing the case-specific reasons for which the

application is being refused

 A second PO reviews the recommendation and completes a 2nd assessment

 In some cases, files may be referred to the MPNP Manager or IAQU Manager for further

review

Refused applications are randomly assigned for 2

assessment based on the weekly rotation.

2ND ASSESSMENT

All recommendations from the 1

PO are reviewed by a 2

PO to ensure that the initial assessment

is consistent with established policies and procedures and a secondary quality assurance review is

conducted. The 2

PO may refer the file directly for integrity review by the Integrity and Quality

Assurance Unit (IQAU) if concerns are identified during second assessment.

POs conducting 2

assessment will case note the final recommendation and make a 2nd

recommendation in the Assessment Tab of the database.

Approvals

If the recommendation during 1

and 2

assessment is approval:

 the MB Status is automatically changed to “Certificate Pending”;

MPNP Policy and Procedures

 the MPNP Director/Manager issues certificate of nomination, if applicable, and a Quality

Review is conducted on a random basis;

 the Director/Manager may return applications for additional due diligence to be conducted.

Disagreement between 1

PO and 2

When the 1

PO recommended approval and 2nd PO disagrees, the 2

officer must return the

application to 1

PO explaining in case notes reasons for returning it.

 If 1st assessment officer agrees with the recommendation, he/she should follow steps

described above for approving or refusing applications during 1st assessment

 If there is still disagreement, the file should be forwarded to the Program Manager, who will

review the application and provide final recommendation or may return the file to 1st PO

for additional follow-up.

If the recommendation during 1

and 2

assessment was refusal, the 2

PO will enter case notes

and decision in the Assessment tab.

 All applications for Refusal will then be forwarded to the Management Team for a random

quality assurance review; and

 Refusal Letters will be emailed/mailed by the Admin Team after the third review is

complete, with a copy of the refusal letter placed in the physical file, if applicable.

Quality Assurance Review

Files recommended for refusal are reviewed by the Program Manger/IQAU Manager before they are

closed. File may be returned for additional due diligence to be conducted.

CERTIFICATE PRODUCTION

The Director may review skilled worker applications recommended for approval prior to Certificate

Issuance. The following steps could follow:

 Director (or manager) issues certificates;

 Director (or manager) returns files as necessary to PO and/or;

 Director (or manager) refers the case to the IQAU for further review/follow-up or

reconsideration;

 Notification of Nomination letters and approval packages are produced by Administrative

Staff;

 The Administrative Team prepares emails to the applicant, including:

- Notification of Nomination

- Letter of Support for Temporary Work Permit (if applicable)

- Information for applying for Permanent Resident Status

- Manitoba Pre-Arrival Information, if available

Nominations are communicated to CIC on a monthly basis via a Nomination Spreadsheet.

MPNP Policy and Procedures

POST-APPROVAL

Several scenarios can occur after the nomination is issued and communicated to CIC by the MPNP

designated officer and/or Director, responsible for all communications with visa office officials.

Amendments to nominations

Change of terms must be communicated to CIC as follows::

 Extension of validity of certificate of nomination (1-6 months; most likely 3 months);

 Amendments are communicated to CIC in the Nomination Certificates spreadsheet for the

following month.

Other notifications to CIC

The MPNP should communicate to CIC any findings regarding an application after nomination was

issued, including but not limited to allegations of fraud, misrepresentation, poison pen letters, etc.

Status Check

The Designated Program Officer may contact CIC to inquire about the application status only if the

application has been with CIC for more than 12 months and/or under other specific circumstances.

POs may forward these requests to the Designated Program Officer by email, indicating:

 The applicant’s complete first and last name;

 The Federal File Number (or date of birth) and Provincial Certificate Number;

 The reasons for the status request.

Withdrawal of certificate of nomination by MPNP

The MPNP has the authority to withdraw nominations at any point before landing and based on new

information received after nomination. The information may be received by different sources,

including Citizenship and Immigration Canada, CBSA, third party verification agencies and/or private

citizens. If the information was provided by private citizens, additional verification will be

undertaken before a decision to withdraw is made.

Resubmission following refusal

a) When an application has been refused, the applicant may reapply after six months from the

date on the Refusal Letter or after the applicant has addressed the concerns or reasons for

the refusal.

b) Time restrictions do not apply if the application was refused because of the consultant or

representative involved.

Refusal under the Manitoba Provincial Nominee Program does not prevent applicants from applying

to CIC for admission to Canada under a federal immigration class.

MPNP Policy and Procedures

ADMINISTRATIVE REVIEW

The MPNP is committed to treating all applicants fairly and equitably and reviewing or assessing

their applications in accordance with program criteria in a context guided by principles of the

Canada-Manitoba Immigration Agreement Annex on Provincial Nominees.

Each application is reviewed by at least two program officers prior to a final decision being made.

Formal Review Process under MPNP for Skilled Workers

Individuals who applied to the MPNP prior to April 30, 2015 and whose applications were refused

by the MPNP can submit a Request for a Formal Review (RFR) providing sufficient evidence to

indicate that the assessment of the information and supporting documents provided in the

application was not consistent with MPNP criteria ad that an error was made by the assessing

officer.

A RFR of a decision may be submitted under the following circumstances:

 The applicant has provided a signed request in writing within 60 days of the date on the

Refusal Letter; and

 The request provides sufficient details to indicate that the Program Officer may have made

an error in the assessment of the application; and

 The request is based on documents included in the application at the time of assessment

and not on new information/documentation.

The MPNP reserves the right to reject any RFR that does not meet the conditions described above or

that is based on:

 the submission of new documents, including an offer of employment;

 employability;

 strength of relationship to Manitoba supporters;

 language ability, if applicant did not provide IELTS results at the time of assessment; or

 retention (ability to remain in the province or in a job);

Detailed information regarding the Request for Formal Review Process is included in annex 3.

JUDICIAL REVIEW

All decisions are subject to judicial review in the Court of King’s Bench.