AGRI-FOOD PILOT: A new pathway to Canadian Permanent Residence

By Earl Francis Dacara

This program is a big help to temporary foreign workers who come to Canada on specific contracts. They are likely to return to their home country, unless their contracts are renewed or get a fresh job offer from other employers.

With this new program, non-seasonal workers can avail of this pilot to get a permanent residency status in Canada.

If you are in this situation, and you think you are qualified, please do not hesitate to contact Northern Quest Canadian Immigration Services (NQCIS) to get a free assessment and information. You can find our contact information at the end of  this article.

About the pilot

The latest Agri-Food Pilot helps address the labour needs of the Canadian agri-food sector.

The 3-year pilot provides a pathway to permanent residence for experienced, non-seasonal workers in specific industries and occupations. It will run until May 2023.

About the process

To apply for permanent residence under the Agri-Food Pilot, you need

·    eligible Canadian work experience in one or more of the eligible industries and occupations

·    a full-time, non-seasonal job offer from a Canadian employer in one of the eligible industries and occupations (outside of Quebec)

·         to meet or exceed the language requirements

·         to meet or exceed the educational requirements

·         to have settlement funds (if applicable)

·         to maintain temporary resident status (if already in Canada)

To apply to the Agri-Food Pilot, you need to:

·        show eligible work experience in an eligible industry and eligible occupation, and

·        have a job offer for full-time, non-seasonal work in an eligible industry and occupation in Canada (outside of Quebec)

Eligible industries

Industries are classified by the North American Industry Classification System (NAICS). You can see specific industry definitions by searching the industry codes below on the NAICS website.

Your employer needs to include the industry code in your job offer.

Eligible industries under the pilot are:

·        meat product manufacturing (NAICS 3116)

· greenhouse, nursery and floriculture production, including mushroom production (NAICS 1114)

·         animal production, excluding aquaculture

o    cattle ranching and farming (NAICS 1121)

o    hog and pig farming (NAICS 1122)

o    poultry and egg production (NAICS 1123)

o    sheep and goat farming (NAICS 1124)

o    other animal production (NAICS 1129)

Eligible occupations

Occupations are classified by the National Occupational Classification (NOC) code. You can see the duties for each occupation by searching the National Occupational Classification website.

Eligible jobs for each eligible industry are listed below.

For meat product manufacturing (NAICS 3116), eligible jobs are

·         NOC B 6331 – Retail butchers

·         NOC C 9462 – Industrial butchers

·         NOC B 8252 – Farm supervisors and specialized livestock workers

·         NOC D 9617 – Food processing labourers

For greenhouse, nursery and floriculture production, including mushroom production (NAICS 1114), eligible jobs are

·         NOC B 8252 – Farm supervisors and specialized livestock workers

·         NOC C 8431 – General farm workers

·         NOC D 8611 – Harvesting labourers

For animal production, excluding aquaculture (NAICS 1121, 1122, 1123, 1124 and 1129), eligible jobs are

·         NOC B 8252 – Farm supervisors and specialized livestock workers

·         NOC C 8431 – General farm workers

Application limits by eligible occupation

There are annual limits on the number of applications that will be processed for each eligible occupation.

Starting on January 1 of each year, applications will be processed on a first-come, first-served basis. This pilot will last for 3 years.

 Annual limits

Eligible occupation	Number of applications accepted per year
Farm supervisor or specialized livestock worker (NOC B 8252)	50
Industrial butcher (NOC C 9462) or retail butcher (NOC B 6331)	1470
Food processing labourer (NOC D 9617)	730
General farm worker (NOC C 8431)	200
Harvesting labourer (NOC D 8611)	300

 

If your application is rejected because the annual limit for your occupation category has been reached, we’ll refund your application fees.

Eligibility

·         To be eligible, you must:

·         have eligible work experience

·         have an eligible job offer

·         meet or pass the language requirements

·         meet or pass the educational requirements

·         prove you have enough money to settle in Canada (if applicable)

·         have maintained your temporary resident status (if already in Canada)

Work experience

You must have eligible Canadian work experience.

Your Canadian work experience must be:

·         a minimum of 1 year of non-seasonal, full-time work in the past 3 years (at least 1,560 hours)

·   in 1 or more of the eligible occupations listed under 1 of the eligible industries

·         through the Temporary Foreign Worker Program

o   A Labour Market Impact Assessment (LMIA) with a minimum 12-month duration must have been submitted by your employer when hiring you. If you’re not sure, you can ask your former or current employer about the duration.

 Open work permits

If you currently have an open work permit, but you used to have a work permit through the Temporary Foreign Worker Program, you may have eligible work experience.

However, any work experience you gained while holding an open work permit does not count. 

How to calculate your hours of work experience

·         Do count the hours worked in full-time jobs

o The hours can be in different eligible occupations and with different employers.

o   The hours must have been worked over a total period of at least 12 months (Note: working more than 30 hours per week does not shorten this period).

·         Don’t count

o   hours you weren’t paid for (volunteering or unpaid internships)

o   hours worked when you were self-employed

o   hours worked in part-time or seasonal positions

o   hours where your work was not authorized by IRCC

Job offer

You must have a genuine job offer.

The job you’re offered must meet all of the following requirements:

·   The job must be in an eligible occupation listed under 1 of the eligible industries.

·       The job must be full time.

o   This means you work at least 30 paid hours per week.

·       The job must be non-seasonal.

o   In general, this means you have consistent and regularly scheduled paid employment throughout the year.

·       Your employment is permanent.

o   This means that there is no set end date.

·       For unionized positions, the wage must be determined by the applicable collective agreement.

·       For non-unionized positions, the wage must meet or exceed the Job Bank’s prevailing (median) wage for the occupation listed on your job offer in the province of employment (or at the national level if no provincial rate is available).

·       Your job offer must be for a job in Canada outside of Quebec.

Language requirements

You must prove your ability in English or French.

The minimum language requirements are Canadian Language Benchmarks (CLB) or Niveaux de compétence linguistique canadiens (NCLC) Level 4 in:

·         reading

·         writing

·         speaking

·         listening

You must submit your results from an approved language test. These results must be less than 2 years old when you apply.

Educational requirements

You must have at least

·       a Canadian high school diploma, or

· an educational credential assessment (ECA) report from a designated organization or professional body showing that you completed a foreign credential at the secondary school level or above

o  The ECA report must be less than 5 years old on the date of your application.

o   The original ECA report must have been issued on or after the date the organization was designated.

 Settlement funds

You must prove that you have enough money to settle in Canada. You’ll need to prove that you have enough funds to support yourself and any family members you may have, even if they’re not coming to Canada with you.

  

If you’re already working in Canada with a valid work permit when you apply, you don’t need to provide proof of settlement funds.

1. Complete the application package

If you want to apply for permanent residence, make sure both your job offer and work experience meet the requirements. If you don’t meet both requirements, your application for permanent residence will be refused. 

Get ready to apply

Read the Instruction Guide (IMM 0017) for important information about your eligibility, fees and how to apply.

Checklist

·         Document Checklist [IMM 0116] (PDF, 921 KB)

·     Use your checklist to make sure you include all the forms and documents you need.

·         Place the checklist on top, as a cover to your application package.

Forms for the employer to fill out

Offer of Employment to a Foreign National – Agri-Food Immigration Pilot [IMM 0115] (PDF, 1.74 MB)

Note: The employer must fill out the form and give it to you to submit with your application.

You must read and sign the declaration at the bottom.

Forms for you (principal applicant) to fill out

Generic Application Form for Canada [IMM 0008] (PDF, 677 KB)

Schedule A – Background/Declaration [IMM 5669] (PDF, 1.52 MB)

Schedule 1 – Agri-Food Immigration Pilot [IMM 0114] (PDF, 1.73 MB)

Additional Family Information [IMM 5406] (PDF, 2.23 MB)

Supplementary Information – Your travels [IMM 5562] (PDF, 1.75 MB)

Forms for you (principal applicant) to fill out, if applicable

Additional Dependants/Declaration [IMM 0008 DEP] (PDF, 434 KB)

Separation Declaration for Minors Travelling to Canada [IMM 5604] (PDF, 1.54 MB)

Statutory Declaration of Common-law Union [IMM 5409] (PDF, 778 KB)

Use of a Representative [IMM 5476] (PDF, 1.48 MB)

IMM 0008 is a barcode form. Make sure you validate it and submit all the pages:

Click the "Validate" button at the top or bottom of the form. Validating the form before printing makes sure that you have answered all the questions. This will help you to avoid delays in processing your application.

One or more pages with barcodes and a signature line will automatically be created.

Print, sign and date the form. Use white, high-quality and non-glossy paper. Use a laser printer if you can.

Place the IMM 0008 form, including the barcode page(s), on the top of your application package.

 

2. Get your fingerprints and photo taken

If you’re between 14 and 79 years old, you need to give your fingerprints and photo (biometrics) for every application for permanent residence you submit. Even if you gave your biometrics in the past and they’re still valid.

You must pay the biometric fee when you submit your application. Otherwise you may experience delays.

Get this done as soon as you get the letter from us that tells you to give biometrics. You have 30 days to do this from the date on the letter.

3. Pay your fees online

4. Submit your application

Mail your application to the Centralized Intake Office (CIO) in Sydney, Nova Scotia, Canada:

 Immigration, Refugees and Citizenship Canada

Agri-Food Pilot

Centralized Intake Office

PO BOX 8700

Sydney, NS

B1P 0G2

Canada

The CIO will make sure your application is complete. If it is, the CIO will send it to a different office to be processed. That office will contact you if it needs other documents from you when it starts processing your application.

After you apply

We check that you

·       filled out your application for permanent residence completely and correctly

·     submitted your application before the annual limit for your occupation was full

·         paid your processing fee

·         met all the requirements

·         included all required documents

We contact you to

·         ask you to give your fingerprints and photo (biometrics)

·         confirm that we reviewed your application

·         ask you for more documents, if necessary

·         set up an interview, if necessary

·         tell you what you need to do and what will happen next

Get your fingerprints and photo taken

If you’re between 14 and 79 years old, you need to give your fingerprints and photo (biometrics) after you apply for permanent residence. This applies for every permanent resident application, even if you provided biometrics in the past and they’re still valid.

·       You must pay the biometric fee when you submit your application. Otherwise, you may experience delays.

·       Pay your biometric fee as soon as you get the letter from us that tells you  to give your biometrics.

·      You have 30 days from the date on the letter to provide your biometrics.

We process your application

After we get your biometrics, we start processing your application.

If we need more information, we’ll contact you.

If you’re currently working in Canada

If your existing work permit is about to expire, you may be eligible for a bridging open work permit. This type of permit lets you keep working while you wait for a final decision on your permanent residence application.

Medical exams

You must have a medical exam before you settle in Canada. Your family members must also have one, even if they’re not coming with you. We’ll tell you when to submit these documents.

We won’t accept your application if your health

·         is a danger to Canada’s public health or safety

·         would cause too much demand on health or social services in Canada

Verifying your information

If you’re not truthful in your application for permanent residence, we may

·         refuse your application

·         find you inadmissible

·         bar you from applying to come to Canada for any reason for 5 years

Decision on your application

We make a decision on your application based on

·         whether you meet the eligibility criteria for the program

·         whether you’re admissible to Canada, based on the results of your

o   medical exam

o   background checks

When a decision is made on your application, we’ll notify you through your online account.

If your application is rejected or refused

If your application is refused, we send you a letter that tells you why.

To be re-considered, you have to

·         fill out and submit a new application

·         meet the eligibility criteria

·         be found admissible to Canada

·         be accepted under the annual occupational caps

If your application is approved

Make sure to pay your right of permanent residence fee if you haven’t already done so.

If we approve your application, we mail you a

·         Confirmation of Permanent Residence (COPR)

·         permanent resident visa (if you’re from a country that requires a visa)

Your COPR has information about who you are, as well as your photo.

Check to make sure your information is correct. It should be the same as the information on your passport. If there’s a mistake on your COPR, contact us through our web form.

We can’t extend your COPR, so you should make sure to use it before it expires.

If you’re already in Canada

We contact you and let you know what to do next.

You need to have a short interview with an officer. You have 2 options for your interview:

·         make an appointment at one of our offices in Canada (best option)

·         go to a Canadian port of entry (border crossing) and present

o   proof that you have the funds to support yourself and your family unless you’re already working in Canada

o   your COPR and your permanent resident visa (if we gave you one)

During the interview the officer will

·         make sure all your documents are valid

·         ask you a few questions to make sure you still meet the terms to immigrate to Canada

·   confirm your Canadian mailing address, so we can mail your permanent resident card (PR card)

If you change your address within 180 days of getting your status, you must tell us using the web form.

If you’re outside Canada

There are things you can do to prepare for life in Canada:

·       use free pre-arrival services, which help you

o   find out more about living and working in Canada

o   take steps to get recognition in Canada for your

ü  education

ü  professional licences/certificates

When you arrive in Canada

You must have

·       your valid passport and/or travel documents

o   your passport must be a regular, private citizen passport

o   you can’t immigrate to Canada with a diplomatic, government service or public affairs passport

·       your Confirmation of Permanent Residence (COPR)

·    your permanent resident visa (if we gave you one) or an electronic travel authorization (eTA) (electronically linked to your passport)

o   required if you’re from a visa-exempt country

·       proof that you have the funds to support yourself and your family after you arrive in Canada

We check your identity when you arrive in Canada

When you arrive in Canada, you’ll meet an officer from the Canada Border Services Agency (CBSA). The officer will

·    make sure you’re entering Canada before or on the expiry date shown on your COPR

·   make sure that you’re the same person who was approved to travel to Canada (we may use your biometrics to do this)

·       ask to see your passport and other travel documents

·       ask you a few questions to make sure you still meet the terms to immigrate to Canada

o   the questions will be similar to the ones you answered when you applied

To help speed up your entry to Canada, keep your passport and other documents with you at all times. Don’t pack them in your luggage.

We won’t allow you into Canada if you

·       give false or incomplete information

·       don’t convince the officer that you meet the conditions to enter Canada

If we can’t verify your identity, you may be detained by a border services officer. These officers help protect the health and safety of Canadians.

If the officer finds that you’re not admissible to Canada, you won’t be allowed to enter Canada. If you came by air, you’ll have to take a return flight to where you came from.

If you’re admissible and there are no problems when you arrive, the officer will

·         allow you to enter Canada as a permanent resident

·   confirm your Canadian mailing address where we’ll mail your permanent resident card

If you change your address within 180 days of arriving in Canada, you must tell us using the web form.

Children under 18 must meet the same entry requirements as adults. The border services officer may ask minor children to show other documents depending on whether the child is travelling alone or with someone.

Disclosure of funds

If you arrive in Canada with more than CAN$10,000, you must tell this to the CBSA officer. If you don’t tell them, you could be fined, and your funds could be seized.

What you can bring into Canada

Before you travel to Canada, see the CBSA website to find out what you can and cannot bring into the country.

After you arrive in Canada

·         find immigrant services in Canada, who will help you

o   settle

o   adapt to life

·         read the Welcome to Canada guide to help you adjust

·         use the Living in Canada tool to find the right services

Source: Canada.ca

 

Disclaimer: The above is NOT intended as legal practice/advice from the writer. Readers are enjoined to seek advice from a legal professional.

The writer is a Regulated Canadian Immigration Consultant (RCIC) and CEO of Northern Quest Canadian Immigration Services Inc. with offices at Suite 203, 169 Dundas St. East, Executive Offices, Suite 203 Mississauga, ON L5A 1W6. He is also an associate Paralegal from Y.S.N. & Associates Professional Corporation with offices at 1018 Finch Ave. West, Suite 100, Toronto, ON M3J 3L5 with contact # Direct: 647-302.3508, Tel. 905-232.4553, Fax 905-232.4551, email: dacaralegal@hotmail.com / earldacara@gmail.com