ALBERTA OPPORTUNITY STREAM

If an applicant lives and works in Alberta and have a job offer from an Alberta employer, they can apply for Alberta Opportunity Stream. To meet the stream's requirements, the applicant must fulfill the following criteria at the time of application submission and assessment:

 

RESIDENCY AND WORK PERMIT REQUIREMENTS

Work Permit: If you do not have a valid work permit (not maintained status or restoration status) based on one of the following, you are ineligible to apply.

• a positive Labour Market Impact Assessment (LMIA).
• an LMIA exemption based on International Trade Agreements, Intra-Company Transferees, International Experience Canada, Mobilité Francophone, and religious work as determined by the IRCC.
• an LMIA exemption for an open work permit for vulnerable workers subject to or at risk of abuse on work in Canada, including vulnerable workers and their family members under the Vulnerable Workers Open Work Permit (VWOWP) exemption.
• an LMIA exemption for a Post-Graduation Work Permit (PGWP) holder. The applicant must have a degree from an Alberta Advanced Education publicly funded post-secondary institution. The applicant’s credential must be an Alberta Advanced Education-approved credential, also known as a minister-approved credential, and should not be an institution-approved credential. Moreover, PGWP holders must meet specific occupation, education and work experience requirements.
• an LMIA exemption for an open work permit holder under the following public policies (occupation, education, and work experience requirements are the same as those of a PGWP holder.)
• 2022 temporary policy changes to the PGWP Program or ​2023 temporary policy changes to the PGWP Program.
• public policy for Hong Kong recent graduates.
• IRCC’s Ukraine immigration measures (also known as the Canada-Ukraine Authorization for Emergency Travel (CUAET)).

Resident Status: The applicant must have a valid temporary resident status to live and work in Canada. The following individuals are ineligible to apply:

• refugee claimants or individuals involved in a federal appeal or removal process.
• temporary residents living or working in any other province or territory, or
• foreign nationals living or working in Canada without a temporary resident status.

 

OCCUPATION REQUIREMENTS

The applicant must be working in an eligible occupation. Occupation requirements are also applicable to work experience and job offer. Most occupations under NOC TEER Categories 0, 1, 2, 3 4 and 5 are eligible.

‘Current occupation’ means the job that the applicant is doing at the time of application submission.

List of Ineligible Occupation for AOS:

NOC code (2021)	NOC TEER category	Occupation
00010	0	Legislators
40021	0	School principals and administrators of elementary and secondary education
40030	0	Managers in social, community and correctional services
40041	0	Fire chiefs and senior firefighting officers
60040*	0	Escort agency managers, massage parlour managers
41100	1	Judges
41220	1	Secondary school teachers
41221	1	Elementary school and kindergarten teachers
51111	1	Authors and writers (except technical)
51122	1	Musicians and singers
42200*	2	Justices of the peace
42202*	2	Early childhood educators who do not have certification through Alberta Children's Services – Child Care Staff Certification Office or who have been certified as Level 1 Early Childhood Educator (formerly Child Development Assistant)
43100	3	Elementary and secondary school teacher assistants
43109	3	Other instructors
53121	3	Actors, comedians and circus performers
53122	3	Painters, sculptors and other visual artists
53124	3	Artisans and craftspersons
53200	3	Athletes
63101	3	Real estate agents and salespersons
33100*	3	Dental laboratory assistants/bench workers
44100	4	Home child care providers
44101	4	Home support workers, caregivers and related occupations
64321	4	Casino occupations
55109	5	Other performers
65109	5	Other sales related occupations
65211	5	Operators and attendants in amusement, recreation and sport
65229	5	Other support occupations in personal services
65329	5	Other service support occupations
75200	5	Taxi and limousine drivers and chauffeurs
85101	5	Harvesting labourers
85102	5	Aquaculture and marine harvest labourers
85104	5	Trappers and hunters
85110	5	Mine labourers
85121	5	Landscaping and grounds maintenance labourers

*This National Occupation Classification (NOC) code consists of both eligible occupations and ineligible occupations. The ‘Occupation’ column specifies which occupations are ineligible for each NOC Code listed.

Occupation Requirements for PGWP Holders:

• The current occupation must be related to the field of study in Alberta.
• For a completed Advanced Education-approved 1 year post-diploma certificate or post-baccalaureate certificate started on or after  April 1, 2019, the applicant's occupation must also be related to the previous post-secondary study field outside Canada.

 

WORK EXPERIENCE

The applicant's current job should match the work experience. At the time of application submission, the applicant must have:

• at least 12 months of full-time work experience in the last 18 months in the current occupation in Alberta, or
• at least 24 months of full-time work experience in the last 30 months in the current occupation in Canada or abroad or both.

PGWP Holders: a minimum of 6 months of full-time work experience in the last 18 months in the current occupation in Alberta.

Mandatory Work Experience Conditions for all Applicants at the time of application submission:

• full-time, at least 30 hours/week.
• same occupation as the current occupation.
• valid temporary resident status, authorized by the IRCC.
• work experience does not count while studying in Canada and doing co-op work placements or internships as part of a study program unless the applicant is a PGWP holder who did paid co-op work as part of a study program at an Alberta post-secondary institution. This work should be paid and full-time, a minimum of 30 hours per week. It should be related to the current occupation and gained in Alberta.

All applicants, including PGWP holders, must meet the following licensing, registration and certification requirements:

• must have the required licensing, registration or certification to work in the current occupation
• must have a valid Alberta Apprenticeship and Industry Trade (AIT) recognized trade certificate for compulsory trade
• Level 2 Early Childhood Educator (formerly Child Development Worker) or Level 3 Early Childhood Educator (formerly Child Development Supervisor) certification for childcare worker.

 

JOB OFFERS

All applicants, including PGWP holders, must have a full-time job offer or employment contract for their current occupation.

Alberta Job Offer & Employer Requirements

The employer must meet the following requirements and should be able to demonstrate them:

• business legitimacy.
• the business is providing a good or service in Alberta.
• the job offer is consistent with the business activities or needs.
• all terms of the job offer or employment contract can be fulfilled by the employer. 

The Alberta employer must:

• be incorporated or registered by or under an act of the legislature of a province, territory or the Parliament of Canada and has a established production capacity, plant or a place of business in Alberta.
• is in continuous and active operation in Alberta for a minimum of 2 full fiscal years i.e., the year used for tax or accounting purposes before application submission.
• have a physical location for regular reporting and delegation of work.
• show that the position is needed by providing a valid work permit issued under the federal TFW or IMP programs. Or prove that the employer made efforts to hire a Canadian citizen or permanent resident.
• has at least $400,000 gross annual revenue for the most recent fiscal year i.e., tax or accounting purpose year. Has at least 3 full-time or equivalent employees in Alberta. This does not include independent contractors. If 2 part-time employees’ hours add up to an average of 30 hours per week, they can be considered as 1 full-time employee.
• the employer who does not meet $400,000/year gross revenue and 3 full-time employees requirement can still be considered for this program with restraint on the number of nominee applicants they can support, according to their number of years in operation (applies to applications received on or after March 18, 2024.) For example, for 2 years of operation in Alberta: a total of 1 nominee. For 3 years of operation in Alberta: a total 2 nominees. For each additional year of operation, 1 additional nominee can be supported.
• Indigenous, municipal, provincial, and federal government employers are exempted from revenue and minimum employee requirements.
• If a nominee leaves the employer, the nomination will continue to be counted towards job offer eligibility/employer operations.

Job Offer Requirements:

Job offer or employment contract should be genuine, signed by the employer and must be:

• continuous, full-time, and paid for 12 or more months. (Note: Fee for service contracts are eligible for Alberta heath-care providers. Note: In the Dedicated Healthcare Pathway, work as employees under contracts for full-time, part-time, part-time with actual full-time hours and casual terms will be considered employment for 12 months or more.)
• wages and benefits that meet provincial minimum wage and:
  • meet or exceed the LMIA requirements, or
  • meet or exceed the lowest starting wage of the applicant's occupation across all industries in Alberta
• non-wage compensation is not included in the basic salary.
• exceptions for Religious leaders and religion workers: If the job offer is LMIA exempt, wages and benefits must meet or exceed minimum wage.
• meal and lodging deductions that meet Employment Standards are permitted. Proof of employee authorization of deductions is required.

Ineligible applicants based on job offer:

The following individuals are ineligible for applying or nomination:

• part-time, casual or seasonal employees, irrespective of working hours.
• independent contractors, business owners or temporary agency workers, including individuals listed as directors, shareholders or agents of the Alberta employer on the Corporate Registry System (CORES).
• employees working at employment locations that are not zoned for commercial or industrial operations, for example, a home-based business.
• virtual employees from outside Alberta or who work at premises outside of Alberta.

 

EDUCATION REQUIREMENT

All applicants except Post-Graduation Work Permit holders must have a Canadian equivalent of at least high school degree. To prove that, an Educational Assessment (ECA) report is required for the highest completed degree.

The applicant does not meet the education requirements, if the ECA report shows that the applicant’s degree is not equal to Canada’s high school degree or the educational institute is not recognized.

ECA report is not required, if:

• holder of degree, diploma or certificate from a Canadian post-secondary, technical college or secondary institution listed as a recognized institution in the Directory of Educational Institutions in Canada, or an authorized, registered, or licensed institution in the Directory of Educational Institutions in Canada authorized by Advanced Education.
• holder of Alberta Qualification Certificate or a trade certificate recognized by Alberta Apprenticeship and Industry Training (AIT).

Post-Graduation Work Permit holders’ requirements:

• Applicant’s credential must be issued by an Alberta Advanced Education publicly funded post-secondary institution.
• The applicant’s credential must be an Alberta Advanced Education-approved credential. (also known as a minister-approved credential). It should not be an institution-approved credential.

Eligible Alberta Advanced Education approved credentials:

• post-diploma certificate or post-baccalaureate certificate (minimum 1 year in length)
• diploma program (minimum 2 years in length)
• undergraduate bachelor's degree
• graduate-level degree, certificate, diploma

For applicants who started their credential before April 1, 2019, still can qualify with an entry-level certificate which must be minimum one year in length.

 

LANGUAGE REQUIREMENTS

National Occupational Classification (NOC) TEER category	Canadian Language Benchmark (CLB) test score required	Niveaux de compétence linguistique canadiens (NCLC) test score required
NOC 0, 1, 2 or 3 occupation	CLB 5 for each skill	CLB 5 for each skill
NOC 4 or 5 occupation	CLB 4 for each skill	CLB 4 for each skill

NOC code 33102 (nurse aides, orderlies and patient service associates) require CLB 7 or NCLC 7.

Important note:  Please note that Canadian immigration laws and regulations are subject to change. The information provided in this article is intended for general guidance and may not reflect the most current legal developments at the time of your application. It does not constitute legal advice. We strongly recommend consulting official government resources or seeking advice from a qualified legal professional before making any decisions or taking action based on the content of this article.

Kashmala Chaudhry is a Regulated Canadian Immigration Consultant, RCIC - IRB and the CEO of WMG Immigration Services. She is a licensee in good standing of the College of Immigration and Citizenship Consultants, CICC. 

Please feel free to reach out WMG Immigration Services for legal advice at:

Email: [email protected]

Phone: +1 587 800 2228

Website: https://wmgimmigration.com 

 

Official Source: https://www.alberta.ca/aaip-alberta-opportunity-stream