Prince Edward Island Provincial Nominee ProgramWith the introduction of the Prince Edward Island Provincial Nominee Program (PEI PNP) in 2001, the province has taken a leadership role in
setting its own immigration criteria and objectives.
Under the Agreement
for Canada-Prince Edward Island Co-operation on Immigration, the PEI
PNP is a Federal-Provincial partnership between the Province of Prince
Edward Island, represented by Immigration Services, and the Government
of Canada, represented by Citizenship and Immigration Canada (CIC).
Through this program Immigration Services has the ability to nominate
individuals to CIC. The PEI PNP is responsible for the majority of all
international newcomer entries to Prince Edward Island. PEI PNP
like all other Canadian PNP programs are subject to frequent changes -
for up to date information on all rules, information and application
forms visit PEI PNP web site.PEI PNP Categories and Streams:
The Business Impact Category has three streams from which an applicant can choose:
Immigration Services International Recruitment Unit
Business Impact Category
The PEI PNP Business Impact Category provides an
opportunity for foreign nationals to apply to be nominated by Prince
Edward Island to become permanent residents of Canada providing they
invest in and actively manage a business in Prince Edward Island. Under
this category, the applicant may start a business, obtain 100% control
of an existing Prince Edward Island business or purchase partial
ownership, with at least 33 1/3% of the equity (see definitions), of an
existing Prince Edward Island business. The applicant’s choice of a
Prince Edward Island business should match their skill set and abilities
to run that particular business.
Prince Edward Island businesses that are seeking a buyer for part of, or
all, of their business should consult their professional advisors.
This may include Island agents approved under the PEI PNP, accountants
or lawyers. Island agents will be actively seeking investors interested
in Prince Edward Island. Additionally, any immigrant requiring
assistance in the immigration process can only be represented by an
Island agent. Business Eligibility Criteria
The Business Impact Category considers applications to start or purchase
the equity of a business in Prince Edward Island. In order to be
eligible, the business must generate revenue by selling goods and/or
services at arm's length to third parties. This excludes businesses
operated for the primary purpose of deriving investment income, real
estate rental operations, loan/investment companies and other non-active
investment.
Where professional credentials or licenses to practice are required to
establish or operate the business in Prince Edward Island, the applicant
will be required to demonstrate, as part of the business plan, that the
credentials or licenses required to start or purchase a business, have
been met. For information on foreign credential recognition visit the
following websites: http://www.credentials.gc.ca/ and http://www.hrsdc.gc.ca/eng/workplaceskills/credential_recognition/index.shtml
Businesses selling ownership to an applicant of the Business Impact
Category must be aware of the terms and conditions of which the
investment is being made and ensure the applicable professional advice
has been obtained. Businesses must also sign the Acknowledgement of
IRPA Reg. 87 Requirements document which outlines the regulations
governing economic investment under immigration.
Immigration Services consider applications under the Business Impact
Category that meet, or will meet, the following business eligibility
criteria:
- The business must be a for-profit corporation incorporated under
the Companies Act of Prince Edward Island or the Canada Business
Corporations Act and operated for the primary purpose of earning profits
from active income through the provision of products/services.
- The business must be in good standing with the Province on all debts and obligations.
- The business’ corporate headquarters are located in Prince Edward Island.
- The business maintains a “permanent establishment” in Prince
Edward Island as defined under the Income Tax Act by regulation 400 (2).
- The business is liable to pay income tax on taxable income
earned as a result of a “permanent establishment” in Prince Edward
Island, irrespective of income or other taxes which may also be payable
in other jurisdictions as a result of income earned or other business
activity.
- The business must have good potential for sustained commercial viability.
- The business must have assets with a book value of at least
$150,000 CAD which are actively used for the business. Businesses will
also be considered if they have assets with a fair market value of $
150,000 CAD as valued by a certified appraiser or have received a
valuation for their business from a professional accountant stating a
value greater than $ 150,000 CAD.
- Any business selling a portion of equity to an applicant must
have incurred a total of $ 60,000 CAD in wages and/or net income and
demonstrate the ability to sustain an applicant’s salary.
- The business must have the potential to create significant
economic benefits to Prince Edward Island by contributing to one or more
of the following:
- Increasing value-added manufacturing, processing or primary resource activity
- Increasing exports of goods or services
-
Increasing destination tourism, tourism attractions, tourism
fixed roof accommodations excluding all new construction and
recreational property development
- Increasing research and development/technology commercialization
- Servicing an underserved local or regional market
- Diversifying retail and restaurant investment
- No one other than an approved Island agent may represent the applicant in any capacity, to Immigration Services.
Immigration Services reserves the right to limit applications to the
Business Impact Category under the various eligible sectors to ensure
economic diversity.
Participating Prince Edward Island businesses will be required to sign
declaration(s) stating; they acknowledge IRPA Regulations, they will
hold the Province harmless, and they have sought professional advice
(legal, accounting, tax etc) on the transaction they are entering into.
Prince Edward Island businesses must agree to participate in the
evaluation process of the program. To assist in the monitoring and
compliance of the Business Impact Category, the business will be
required to report to Immigration Services for a period up to (5) five
years.
For the applicant to receive approval, the business must be willing to
execute and submit a purchase and sale or investment agreement (if
participating in the partial ownership stream) which must include the
following:
The Investment Agreement shall include, but is not limited to, the following:
- Confirmation that the Business is not operated primarily for the
purpose of deriving investment income such as interest, dividends
and/or capital gains;
- The proposed amount of the Investment in the Business;
- The number, class and conditions of the shares being purchased (if applicable);
- Confirmation that the investment does not include a redemption option;
- Confirmation that the Investment is not less than 33 1/3% of the
equity in a Prince Edward Island business or make an equity investment
in the business of at least $1,000,000;
- Confirmation that the Applicant provides or will provide active
and ongoing management of the business from within Prince Edward Island;
and
- Timeframes for the Investment.
The Purchase and Sale Agreement outlines the details of the proposed
investment between the Applicant and the Vendor of the business and must
include as a minimum the following information:
- Confirmation that the Business being acquired is not operated
primarily for the purpose of deriving investment income such as
interest, dividends and/or capital gains;
- Purchase price for the Business;
- The number, class and conditions of the shares being purchased (if applicable);
- Confirmation that the investment does not include a redemption option;
- Confirmation that the applicant provides , or will provide,
active and ongoing management of the business from within Prince Edward
Island;
- Timelines for the purchase of the Business;
- Confirmation the purchase price is for the whole Business, not a part of the Business;
- Detailed description of the activities and interests of the Business.
IIDI reserves the right to amend the requirements for inclusion in the
Investment Agreement and the Purchase and Sale Agreement and to request
such further documentation as it deems appropriate from time to time.
Ineligible Business
Applications will NOT be considered for the following types of businesses:
- Bed and breakfasts, hobby farms (see definitions) and home-based businesses
- Pay day loan, cheque cashing, money changing and cash machine businesses
- Pawnbrokers
- Sale of used goods (excluding collectibles, or where the
business provides value-added services such as repairs, refurbishing, or
recycling)
- Real estate development/brokerage, insurance brokerage or business brokerage
- Businesses started for the sole purpose of gaining access to immigrant investment through the program
- Professional practices
- Financial services
- Consulting services
- Any other type of business that by association would tend to
bring the program or the Government of Prince Edward Island into
disrepute.
- An entity that cannot issue shares.
This list of ineligible sectors are meant to serve as an indicator only
for those industries either outside of the current scope of the
Province’s priorities. Recognizing these priorities may change over
time, due to the changing nature of our economic conditions; Immigration
Services reserves the right to make additions or deletions to these
ineligible sectors.
Start-ups and the formation of incorporated entities
- Start-ups will not be allowed under the Partial Ownership Stream.
- However, newly incorporated companies created from an existing
Prince Edward Island business’ assets will be considered providing;
- A Prince Edward Island business provides $150,000 CAD in assets to the new company,
- The new company is a stand-alone business entity without reliance on the original business, and
- The Prince Edward Island business owner has sufficient expertise in the new company’s area of operation.
- A business that has historically operated as a sole proprietor
or partnership will be considered but will need to incorporate prior to
the applicant purchasing equity in their company. In these instances,
businesses should not incorporate until they are certain that the
transaction will move forward.
Limitation of access
- Any business, or member of an associated group of companies (see
definitions), that has received investment through the Provincial
Nominee Program within the past 48 months will not be eligible.
- Access will be limited to one applicant per group of associated companies.
- Where related groups of companies (see definitions) exist,
eligibility will be limited to one transaction per related group unless
each company is determined by Immigration Services to be a stand-alone
entity and is not related by way of any material business transactions.
Where there are common shareholders between multiple businesses seeking
access to the Business Impact Category, Immigration Services reserves
the right to limit access to the PEI PNP if, in the view of Immigration
Services, one purpose of the company structure is to access further
investors.
100% Ownership Stream Criteria The 100% Ownership Stream is designed for individuals who have a strong
entrepreneurial spirit, a great work ethic and solid business acumen.
In the application and business proposal, the applicant must demonstrate
these skills and the capability of owning and operating a business in
Prince Edward Island. The stream will require any approved applicant to
obtain 100% control of a business through the start of a new business,
or an outright purchase of an existing business. The applicant must
provide active and ongoing management to the business from within Prince
Edward Island.
To receive approval under this stream, the applicant must demonstrate
the capabilities and meet the selection criteria. Upon receiving
approval from Immigration Services, the applicant will sign the
necessary agreements, including an escrow agreement, and provide Prince
Edward Island with a $100,000 CAD deposit. One of the key conditions is
the control of 100% of the equity of a business in accordance with the
investment requirements of the program. Once the terms and conditions
of the escrow agreement have been met, the $100,000 CAD deposit will be
refunded. Partial Ownership Stream Criteria The Partial Ownership Stream requires the applicant to meet the PEI
PNP’s criteria and submit a strong business and settlement plan. Upon
meeting these requirements, nomination can be granted providing the
applicant signs the necessary agreements, including the escrow
agreement. Applicants are required to make a conditionally refundable
deposit of $100,000 CAD to IIDI. The deposit is fully refundable,
without interest, provided the applicant has met the terms and
conditions of the escrow agreement. Upon gaining permanent residency
and landing in Canada, the applicant is to execute on the business plan
in Prince Edward Island. Upon doing so, the applicant must control at
least 33 1/3% of the equity in the business or make an equity investment
in the business of at least $1,000,000 CAD. Work Permit Stream Criteria The Work Permit Stream is designed to accommodate applicants who wish to
facilitate entry to Canada to begin a new life in Prince Edward Island.
An investment of this magnitude can seem intimidating and this stream
presents an option to transition into the Prince Edward Island business
community. The Work Permit Stream engages the
applicant to come to Prince Edward Island on a work permit prior to
making the investment to give them time to settle and integrate into the
business environment.
This stream requires the applicant to either start or purchase a
business with not less than 33 1/3% of the equity in the Prince Edward
Island business or make an equity investment in the business of at least
$1,000,000 CAD. The applicant must meet the criteria of the stream and
sign a performance agreement outlining the terms and conditions that
must be met prior to receiving nomination for permanent residency to
Prince Edward Island, Canada.
Skilled Worker Stream
Prince Edward Island employers wishing to hire a potential new
employee they have identified outside of Canada may do so through
nomination via the Skilled Worker Stream. Those potential nominees who
possesses the necessary skills and falls under the National Occupational
Classification (NOC) skill level 0, A or B are eligible provided they
have obtained a post-secondary degree/diploma and experience in the
intended profession.
Skilled Worker Selection Criteria
Under the Skilled Worker Stream, the applicant:
- Must have a full-time job offer from a Prince Edward Island employer at a NOC skill level 0, A or B.
- Must have a valid work permit if currently employed by a Prince Edward Island employer.
- Must have legal status in country of residence.
- Must be able to attend an interview at Immigration Services, if required.
- Must have completed post secondary education with a minimum of 14 years of education.
- Should be between 21 and 55 years of age.
- Should have at least two years of full-time work experience within the past five years.
- Must possess sufficient English and/or French language ability
to perform the job offered by a Prince Edward Island employer. Language
ability can be verified by one of the following:
- Internationally recognized language test, International
English Language Testing System (IELTS), to a minimum equivalent of
Canadian Language Benchmark Placement Test (CLBPT) CLBPT 5; or
- Declaration of language ability from the Island employer offering the full time job; or
- Educational/training documents from an internationally
recognized institution, indicating the principal language
studied/communicated was in English and/or French.
- Must demonstrate sufficient settlement supports and financial
resources, including transferable funds, in order for the applicant and
family to pay the immigration costs and travel expenses to establish in
Prince Edward Island.
- Must demonstrate genuine intention to settle in Prince Edward Island.
Skilled Worker Employer Requirements
The employer is responsible for ensuring:
- Employment is full-time (training, internship or apprenticeship
positions that terminate on a specific date will NOT be considered)
- Employment in the intended occupation is consistent with the
applicant’s ability to perform the job based on the applicant’s
education, training and/or experience.
- Employment terms and conditions meet all applicable provincial
and federal employment workplace standards and the comparable industry
wage rate.
- Employment of the applicant does not contravene existing bargaining unit agreements or employment disputes.
- Employment is in Prince Edward Island.
- Employment that requires provincial licensing or accreditation
has been verified to ensure the applicant has the necessary credentials
to be eligible to work in the occupation in Prince Edward Island.
- Employment contract is provided, which includes the terms and
conditions of the full-time job offer, signatures of the authorized
signing officer of the company, and the employee (applicant) accepting
the offer including conditions for employment.
- Settlement support is provided to the applicant and the family to help them establish.
- Labour Market Opinion (LMO) is provided, if applicable.
- Attendance at an interview at Immigration Services, if required.
- Documentation is provided to demonstrate effort to recruit for
the intended profession has been unsuccessful through efforts within
Canada and the position is critical to the operation of the employers
business.
Critical Worker Stream
Today’s innovation and primary sectors require skills
and training that are not always available in Prince Edward Island’s or
Canada’s labour pool. As labour shortages grow, Prince Edward Island
employers continue to have difficulty filling positions.
Prince Edward Island Employers that have hired a foreign worker may
support that worker to obtain permanent residency to Canada through the
PEI PNP Critical Worker Stream. The PEI PNP helps to facilitate filling
labour market shortages through enabling foreign workers to apply to
become permanent residents. The job being offered must fall under the
National Occupational Classification (NOC) skill level C or D which
requires the completion of a minimum of 12 years of education,
equivalent to a high school diploma or on the job training.
The Critical Worker Stream is a pilot program to be reviewed annually
for both the impact on the industries represented and the occupations
selected to participate.
There are five occupations selected for initial
inclusion: truck drivers, customer service representatives, labourers,
food & beverage servers and housekeeping attendants.
Critical Worker Selection Criteria
Under the Critical Worker Stream, the applicant:
- Must have a full-time job offer from a Prince Edward Island
employer at a NOC skill level C or D in one of the following
occupations: truck driver, customer service representative, labourer,
food & beverage server and housekeeping attendant.
- Must have worked a minimum of 6 months for the Prince Edward Island employer.
- Must have a valid work permit.
- Must have legal status in country of residence.
- Must be able to attend an interview at Immigration Services, if required.
- Must have completed a minimum of 12 years of education and received a high school diploma.
- Should be between 21 and 55 years of age.
- Should have at least two years of full-time work experience within the past five years.
- Must possess sufficient English and/or French language ability
to perform the job offered by a Prince Edward Island employer. Language
ability can be verified by one of the following:
- Internationally recognized language test, International
English Language Testing System (IELTS), to a minimum equivalent of
Canadian Language Benchmark Placement Test (CLBPT) CLBPT 4; or
- Declaration of language ability from the Island employer offering the full time job; or
- Educational/training documents from an internationally
recognized institution, indicating the principal language
studied/communicated was in English and/or French.
- Must demonstrate sufficient settlement supports and financial
resources, including transferable funds, in order for the applicant and
family to pay the immigration costs and travel expenses to establish in
Prince Edward Island.
- Must demonstrate genuine intention to settle in Prince Edward Island.
The employer is responsible for ensuring:
- Employment is full-time (training, internship or apprenticeship
positions that terminate on a specific date will NOT be considered.
- Employment in the intended occupation is consistent with the
applicant’s ability to perform the job based on the applicant’s
education, training or experience.
- Employment terms and conditions meet all applicable provincial
and federal employment workplace standards and the comparable industry
wage rate.
- Employment of the applicant does not contravene existing bargaining unit agreements or employment disputes.
- Employment is in Prince Edward Island.
- Employment that requires provincial licensing or accreditation
has been verified to ensure the applicant has the necessary credentials
to be eligible to work in the occupation in Prince Edward Island.
- Employment contract is provided, which includes the terms and
conditions of the full-time job offer, signatures of the authorized
signing officer of the company, and the employee (applicant) accepting
the offer and conditions of employment.
- Settlement support is provided to the applicant and the family to help them establish.
- Labour Market Opinion (LMO) is provided.
- Attendance at an interview at Immigration Services, if required.
- Documentation is provided to demonstrate effort to recruit for
the intended profession has been unsuccessful within Canada and the
position is critical to the operation of the employers business.
International Graduate Stream
The International Graduate Stream is employer driven and
provides opportunity for Prince Edward Island employers to hire a
recent graduate from a recognized accredited Canadian university or
college.
The international graduate must have a full-time job offer in the field
of study under National Occupational Classification (NOC) skill level
0, A or B which represents professional, managerial and skilled trade
positions. The international graduate must have a valid post graduation
work permit with the Prince Edward Island employer the applicant is
working for at the time of application and is expected to have worked a
minimum of six months in the position before submitting an application
for nomination.
International Graduate Selection Criteria
Under the International Graduate Stream, the applicant:
- Must have a full-time job offer from a Prince Edward Island employer at a NOC skill level 0, A or B.
- Must have worked a minimum of 6 months for the Prince Edward Island employer.
- Must have legal status in country of residence.
- Must have a valid work permit.
- Must be able to attend an interview at Immigration Services, if required.
- Must have completed at least a two-year diploma or degree program while studying full time.
- Must possess a valid diploma/degree from the recognized accredited Canadian University or College.
- Must have graduated within the past two years from full-time study at an accredited Canadian University or College.
- Should be between 21 and 55 years of age.
- Must possess English and/or French language ability to perform the job offered by a Prince Edward Island employer.
- Must demonstrate sufficient settlement supports and financial
resources, including transferable funds, in order for the applicant and
family to pay the immigration costs, travel expenses and establish in
Prince Edward Island.
- Must demonstrate genuine intention to settle in Prince Edward Island.
International Graduate Employer Requirements
The employer is responsible for ensuring:
- Employment is full-time (training, internship or apprenticeship
positions that terminate on a specific date will NOT be considered).
- Employment in the intended occupation is consistent with the
applicant’s ability to perform the job based on the applicant’s
education, training or experience.
- Employment terms and conditions meet all applicable provincial
and federal employment workplace standards and the comparable industry
wage rate.
- Employment of the applicant does not contravene existing bargaining unit agreements or employment disputes.
- Employment is in Prince Edward Island.
- Employment that requires provincial licensing or accreditation
has been verified to ensure the applicant has the necessary credentials
to be eligible to work in the occupation in Prince Edward Island.
- Employment contract is provided, which includes the terms and
conditions of the full-time job offer, signatures of the authorized
signing officer of the company, and the employee (applicant) accepting
the offer and conditions of employment.
- Settlement support is provided to the applicant and the family to help them establish.
- Labour Market Opinion (LMO) is provided, if applicable.
- Attendance at an interview at Immigration Services, if required.
Family Connection Stream
The Government of Prince Edward Island recognizes the
value of immigration in helping to establish the basic principles all
Islanders share, including strong and vibrant communities and families.
The Family Connection Stream strives to identify applicants that will
help to grow our economy, enrich our experiences and enhance cultural
diversity.
Family members who have been identified for possible
nomination must have the ability to independently economically establish
within the Province. Under this stream, close family members
(champions) in Prince Edward Island may serve in a supporting capacity
to assist the applicant to integrate and settle in Prince Edward Island.
Family Connection Selection Criteria
Under the Family Connection Stream, the applicant:
- Must provide documents showing the relationship to the close
relative who is an established resident of Prince Edward Island and is
willing and able to support the settlement and integration of the
applicant in the province.
- Must be a close relative defined as a son/daughter, step
daughter/son, sister/brother, step sister/brother, sister in law/brother
in law, aunt/uncle, niece/nephew, grandchild or first cousin to the
champion.
- Must have a full-time job offer from a Prince Edward Island
employer; OR be able to demonstrate the capacity and intention to find
full-time work in Prince Edward Island.
- Must have legal status in country of residence.
- Must be able to attend an interview at Immigration Services, if required.
- Must have completed a minimum of 12 years of education and received a high school diploma.
- Should be between 21 and 55 years of age.
- Must have a minimum of one year of full-time work experience in the last five years.
- Must possess English and/or French language ability to perform the job offered by a Prince Edward Island employer.
- Where a job offer does not exist the applicant must produce an
International English Language Testing System (IELTS)minimum test result
of equivalent Canadian Language Benchmark Placement Test (CLBPT) CLBPT 4
in all four disciplines reading, writing, listening and speaking in
order to be considered for nomination.
- Must demonstrate sufficient settlement supports and financial
resources, including transferable funds, in order for the applicant and
family to pay the immigration costs, travel expenses and establish in
Prince Edward Island.
- Must demonstrate genuine intention to settle in Prince Edward Island.
Family Connection Champion (close relative) Requirements
The champion:
- Must complete the Labour Impact Champion Form.
- Must provide documents showing the relationship to the applicant.
- Must be able to attend an interview at Immigration Services, if required.
- Must provide proof of Canadian Citizenship or permanent
residency for a period of at least one year prior to supporting an
application to the Family Connection Stream; the champion must have
resided as a Canadian Citizen or permanent resident in the province of
Prince Edward Island for a minimum period of at least one year prior to
supporting an application to the Family Connection Stream.
- May only support one ongoing application until a determination
has been made by Immigration Services that the applicant has
economically established in Prince Edward Island.
- May be designated by the applicant as the representative who is authorized to communicate with Immigation Services.
- Must remain a resident of Prince Edward Island throughout the
application process and remain a resident of Prince Edward Island when
the applicant arrives with permanent resident status.
Note: Under the Family Connection Stream, processing priority will be
given to those applicants who are non-dependent children of the PEI PNP.
Those children who were named as accompanying on the parent’s PEI PNP
federal generic application form IMM008 but were later removed from the
application will be considered.Business Impact Category Agents Applicants may apply directly to the Business Impact Category or an
applicant can use an Island agent. Any applicant who is using a pay for
fee representative must use an Island agent. Failure to submit your
file through an Island agent while using a pay for fee representative
will result in an immediate decline for nomination.Labour Impact Category Agents Agents/Pay for Fee Representatives are not mandatory however, if the
applicant wishes to use an agent, the agent must be approved and
registered with Immigration Services prior to submission of application.
Agents/Pay for Fee Representatives who wish to represent an applicant to the PEI PNP must be:
- Members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC)
- Lawyers who are members in good standing of a Canadian law society and students-at-law under their supervision
- Notaries who are members in good standing of the Chambre des notaries du Québec and students-in-law under their supervision.
Agents/Pay for Fee Representatives must register with Immigration Services by completing and submitting the Labour Impact Agent Registration Form. |