Perspectives

4 Practical Ways to Improve The Atlantic Immigration Program (AIP)

Published:

December 8, 2022

Author(s):

• Meghan Felt
• Kim Collier

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The Atlantic Immigration Program (AIP) began as a pilot program in 2017, and became a permanent federal immigration program in 2022. While the AIP retained several key features and criteria of the Pilot, it also included several major changes to the Pilot. In theory, the rationale and intent of the Atlantic Immigration Program are laudable: to help employers hire applicants for jobs they haven’t been able to fill locally; and bring to and retain newcomers in Atlantic Canada, providing a pathway to Permanent Residency for applicants. In practice, however, almost a year in the Program exhibits structural issues that could make it redundant relatively soon: there are very few situations in which the AIP is the best pathway for employers. While it can appeal to eager and organized employers with high-skilled, large workforces and lots of resources, it’s less appealing to smaller employers hoping to hire just a few foreign workers.

Here are four key structural issues of the current Atlantic Immigration Program and four practical solutions to help avoid redundancy, improve the Program, and achieve its long term goal of attracting and, more importantly, retaining skilled newcomers in Atlantic Canada. 

Four Key AIP Structural Issues

Theoretically, the Atlantic Immigration Program was intended to complement the Atlantic Canadian Provincial Nominee Programs (PNP). Practically, however, there are four key reasons it’s proving to be a less desirable program than perhaps initially intended that could, ultimately, make the Atlantic Immigration Program redundant.

The AIP has increased processing times for Permanent Residency (PR). Under the Pilot, the federal processing time for obtaining Permanent Residency was six months. Under the permanent Atlantic Immigration Program, however, the current processing time is 12 months. The rationale for this extended processing time makes sense: to ensure newcomers can successfully establish themselves in the region and to increase retention rates of immigrants in Atlantic Canada. But it makes the AIP less appealing for applicants who must now wait longer to obtain their Permanent Resident status. And while the Permanent Residence processing times under the AIP remain shorter than under Provincial Nominee Programs, if an applicant’s goal is to obtain Permanent Residency as quickly as possible, a better option typically exists if they are a high-skilled worker (NOC A, 0 or B): the Provincial Nominee Program Express Entry Stream. Under that Stream, processing time at the federal stage is supposed to be six months and the provincial nomination, although different by province, is typically in the one to three months range. This is still faster than the current AIP time, taking into consideration the designation application (one to two months), endorsement application (two to three months), and the federal processing (12 months). Applicants working in NOC D positions aren’t eligible for the AIP, so applicants working in NOC C positions will find the AIP a good option for getting their Permanent Residency quickly – but this is a relatively small proportion of foreign workers. In contrast, the longer processing times could make the AIP more attractive for employers because it ties their employees to them for a longer period of time. But if the employer’s primary goal is to tie their employees to them for as long as possible, other immigration streams with longer Permanent Residency processing times might be more attractive options. For example, the processing time for Provincial Nominee Programs in Atlantic Canada is currently 22 months.

The AIP doesn’t allow visa-exempt applicants to apply for a work permit at ports of entry (POE). As under the Pilot, under the permanent Atlantic Immigration Program, visa exempt applicants can’t apply for an AIP work permit at ports of entry. However, other immigration programs, such as the Temporary Foreign Worker Program and International Mobility Program (which includes PNPs), do allow visa-exempt applicants to apply for work permits at ports of entry. This inability to process Atlantic Immigration Program work permits at the ports of entry presents a significant obstacle for both applicants and employers because they must face additional wait times for work permits: currently, 168 days if filed inland and from two weeks to eight months and more if filed at Canadian embassies abroad.

The AIP requires additional documents that other immigration programs don’t. The Atlantic Immigration Program requires additional documentation from both applicants and employers. For example, applicants must obtain a language test in French or English, an Educational Credential Assessment (ECA) for education completed outside of Canada, and a settlement plan. Employers must complete both onboarding and intercultural training. However, Provincial Nominee Program applicants in Atlantic Canada aren’t generally required to obtain most of this documentation. For example, none of the Newfoundland and Labrador, Nova Scotia and Prince Edward Island Provincial Nominee Programs require ECAs, and neither Newfoundland and Labrador or Nova Scotia Provincial Nominee Programs require language testing for NOC 0, A or B. These additional requirements add to the burden of navigating the immigration system, and are costly in time and money – both of significant concern for many applicants and employers. For example, an Educational Credential Assessment currently takes an average of two to three months to obtain, adding to the overall timeline because the employer can’t submit an endorsement application until obtaining the Educational Credential Assessment. And an Educational Credential Assessment and language test currently costs on average CAD$300.00 each.

The employer-driven program could slow down the process for applicants. Because the Atlantic Immigration Program is employer-driven, it has more red tape for both employers and applicants. First, employers must be designated by an Atlantic Canadian province. Second, the employer must complete two training courses before submitting an endorsement under the Atlantic Immigration Program: onboarding training and intercultural competency training. Third, the employer must submit an endorsement application for any potential candidates. In contrast to applicant-driven processes, where the applicant has an incentive to move their application forward, these AIP requirements necessitate an employer that is highly responsive and eager to move things along, or applicants’ AIP applications could suffer.

Four Practical Solutions to Improve the AIP

Despite these issues, these four practical and simple fixes would improve the Atlantic Immigration Program, avoid redundancy, and enhance its ability to meet its goals.

1. Allow for expedited work permits to speed up processing times.

If Immigration, Refugees and Citizenship Canada (IRCC) expedited work permits for applicants under the AIP, this would allow applicants to start working for employers to address labour shortage issues in Atlantic Canada faster.

2. Allow visa-exempt applicants to apply for work permits at ports of entry.

Considering the Atlantic Immigration Program’s goal to recruit and retain employees swiftly, allowing visa-exempt applicants to apply for a work permit at ports of entry would make the AIP more competitive with other Canadian immigration programs and reduce inefficiencies.

3. Allow applicants & employers to submit certain documentation after their application is submitted or at the federal stage of the application.

Many Atlantic Immigration Program applications are delayed by Educational Credential Assessments and language testing. Allowing applicants and employers to submit certain documents at the federal stage or on a fixed deadline after submission of the application would reduce processing times and inefficiencies. And while settlement plans are useful for candidates applying from outside of Canada, they aren’t always useful for applicants who have been in Canada for several years and don’t require language training or settlement assistance. Requiring settlement plans only for Applicants who apply from outside of Canada, have been in Atlantic Canada six months or less, or score less than a CLB 5 on the language test, would reduce the administrative burden on employers and applicants, making the AIP more attractive.

4. Allocate more federal and provincial resources and community support for the integration of newcomers in Atlantic Canada.

Finally, while mandatory employer training is an important feature of the Atlantic Immigration Program to ensure newcomer integration, this duty currently falls squarely – and solely – on employers’ backs. Allocation of more federal and provincial government resources for immigrant settlement agencies would improve integration and retention in Atlantic Canada after the 12 month Permanent Residency processing period.

Please contact your McInnes Cooper lawyer or any member of our Business Immigration Team @ McInnes Cooper to discuss the Canadian Immigration program that best fits your needs.

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