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From Pilot to Permanent: 5 Key Changes to the Atlantic Immigration Program (AIP)

Published:

May 10, 2022

Author(s):

• Meghan Felt
• Kim Collier

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We updated this publication on March 1, 2023.

On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Starting March 6, 2022, the AIP began accepting permanent residence applications from candidates with a valid endorsement and will offer at least 6,000 admission spaces yearly. Originally launched in 2017, the Atlantic Immigration Pilot Program has brought over 10,000 new permanent residents to Atlantic Canada. Over 9,800 job offers have been made in several sectors, including health care, accommodations, food services, and manufacturing. Significantly, the Pilot also boasted a 90% retention rate after one year. On December 17, 2021, the governments of the four Atlantic provinces and the federal government announced the launch of the permanent Atlantic Immigration Program to replace the Atlantic Immigration Pilot. The AIP builds on the success of the Pilot and offers significant immigration opportunities for Atlantic Canadian employers to continue to address regional labour market needs and increase newcomer retention in the Atlantic region. The AIP retains several key features and criteria of the Atlantic Immigration Pilot Program, including:

• It stays an employer-driven process.
• Candidates must still have an offer of employment for continuous full-time non-seasonal work.
• An enhanced employer commitment to settlement needs of the employees is still required.

However, there are some important differences between the AIP and the Pilot. Here are five of the key changes to the Pilot that Atlantic Canadian employers seeking to use the permanent AIP need to know.

1. New Employer Designation Process

As under the Pilot, all participating employers must first be designated by an Atlantic province to hire immigrants under the AIP. However, employers previously designated under the Pilot must reapply for designation under the AIP with their respective province:

• New Brunswick.
• Nova Scotia.
• Prince Edward Island.
• Newfoundland & Labrador.

2. Mandatory Training for Employment Designation & Endorsement

Under the Pilot, training courses for employers looking to use the Pilot were optional. A major change is that before it can use the AIP, an employer must complete two mandatory training courses to help it support the settlement and integration of their newcomer employees. However, employers need only complete each training session once.

Onboarding Training. An employer must complete onboarding training before it can be designated as an employer under the AIP. The onboarding training covers a number of topics, including:

• An introduction to Canada’s immigration system.
• Background on the Atlantic Immigration Program.
• Overview of roles and responsibilities.
• The Atlantic Immigration Program process.
• Permanent residence application.
• Work permit application.
• Permanent resident status.
• Settlement and integration into the community.

Immigration, Refugees and Citizenship Canada (IRCC) offers these sessions twice monthly for free in French and English.

Intercultural Competency Training. An employer must complete this training before it can submit its first application for endorsement under the AIP. The intercultural competency training covers several topics, including:

• Creating welcoming and culturally inclusive workplaces.
• Newcomer experiences.
• Cultural awareness.

Designated service providers in each Atlantic Canada province offer these sessions for free in French and English.

3. One Program Stream

While the Pilot offered three separate program streams depending on the applicant’s work experience and job offer, the AIP offers one single program stream: the “Atlantic Immigration Class”. This change is intended to streamline the AIP and make it more comprehensible to Canadians, employers, and candidates.

4. Modified Applicant Eligibility Requirements

While keeping key Pilot elements, the AIP modifies the language, education, and work experience requirements of candidates. The language and education criteria are now more restrictive for candidates to ensure they have the necessary capabilities and can successfully integrate into the Canadian workforce. However, the work experience requirement is less restrictive via an expanded work experience eligibility period and more flexible work requirements for candidates in certain health care occupations.

Language requirements. Under the Pilot, all applicants had to show approved language testing demonstrating a minimum level of Canadian Language Benchmark (CLB) of 4. Under the AIP, the minimum language requirements are based on the Training, Education, Experience and Responsibilities (TEER) of the National Occupational Classification (NOC) category of the job being offered:

• TEER 0, TEER 1, TEER 2, or TEER 3 job offer.CLB of 5.
• TEER 4 job offer.CLB of 4.

Education requirements. Under the Pilot, applicants, regardless of the NOC category, had to have a minimum of a high school diploma (or equivalent). Under the AIP, the minimum educational requirements have increased and are based on the TEER of the NOC category of the job being offered:

• TEER 0 or TEER 1 job offer.Canadian one-year post-secondary educational credential or higher, or the equivalent outside Canada.
• TEER 2, TEER 3, or TEER 4 job offer.Canadian High School diploma, or the equivalent outside Canada.

As under the Pilot, under the AIP applicants must also still meet the minimum educational requirements set out for the specific NOC code for the job offer. Except for Canadian graduate applicants, an applicant must provide an Educational Credential Assessment(s) (ECA) to demonstrate that the applicant meets the relevant education criteria. Under the Pilot, the ECA could not be more than two years old at the time of the application submission; under the AIP, the ECA cannot be more than five years old.

Work experience. Changes to the work experience requirement have the goals of expanding the recruitment pool for Atlantic Canadian employers and helping address the labour market needs in the chronically in-demand health-sector:

• Eligibility period.Under the Pilot, candidates must have worked at least 1,560 hours in the past three years, and the minimum work requirements varied by stream. Under the AIP, candidates must have worked at least 1,560 hours in the past five years. As well, the minimum work experience requirements are based on the TEER of the NOC of the job being offered. Candidates can only accept a job offer at the same skill level or higher than their work experience level.
• International Students. Work experience isn’t necessary for recent international students who graduated from a recognized post-secondary institution in Atlantic Canada in the 24 months prior to application. That said, international graduates can count work experience acquired while studying, if the work hours don’t exceed the authorized amount permitted under their study permit (20 hours/week assuming enrolled in full time studies).
• Flexible health care work requirements.For certain health care sector occupations, candidates don’t need to have a job offer at the same skill level or higher than the qualifying work experience. Specifically, work experience in NOC 32101 (licensed practical nurses) and NOC 31301 (registered nurses and registered psychiatric nurses) is considered as qualifying work experience for job offers in NOC 33102 (nurse aides, orderlies and patient service associates) or NOC 44101 (home support workers, caregivers and related occupations).

5. Increased Processing Time & Online Submissions

Under the Pilot, the federal processing time for obtaining permanent residency was six months. Under the AIP, the processing time is now likely to be closer to 12 months to ensure that newcomers can successfully establish themselves in the region and to increase retention rates of immigrants in Atlantic Canada. IRCC is now permitting candidates to file the federal portion of the AIP application online via the newly implemented Permanent Resident Portal.

Please contact your McInnes Cooper lawyer or any member of our Business Immigration Team @ McInnes Cooper to discuss whether the Atlantic Immigration Program is a fit for your immigration needs.

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