Guide for New Brunswick Transport Truck Drivers

(NOC7511)

New Brunswick Skilled Worker Stream

Effective March 1, 2022

This guide is provided free of charge by

the Government of New Brunswick and is not to be sold Contact information

Mailing Address

New Brunswick Provincial Nominee Program

Government of New Brunswick (GNB)

Opportunities New Brunswick (ONB)

Place 2000, 250 King Street

Fredericton, New Brunswick

CANADA E3B 9M9

Email adzn57@r.postjobfree.com

Website www.welcomenb.ca

Business hours

Monday to Friday, 8:15 a.m. – 4:30 p.m. Atlantic Standard Time (AST) Closed Saturday and Sunday

Closed on statutory holidays

In the event of a discrepancy between the New Brunswick Provincial Nominee Program (NBPNP) website and the NBPNP program guides, the information in the application program guides shall be considered correct. Please check our website regularly to ensure you are using the most up-to-date version of the application program guides.

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Table of Contents

Do I need a representative to help me apply? 5 Tips to protect yourself from fraud 5 Part 1: Introduction 6 Important Information 6 Misrepresentation 7 Legal status 7 Maintained status 7 New Brunswick Employment Standards Act 8 Part 2: Eligibility requirements 9 Intent to Reside 9 Work Experience 9 Offer of Employment 9 Competitive Wage 9 Employer Support 10 Part 3: Selection factors 11 Age 11 Official languages 11 Education 12 Work experience 13 Adaptability 14 Part 4: Application process 15 Step #1 Offer of employment 15 Step #2 PR Readiness 15 Step #3 Online registration 15 Step #4 Invitation to apply 15 Step #5 Submission of provincial application to GNB 15 Step #6 Provincial application decision from GNB 16 Step #7 Submission of federal application to IRCC 17 Step #8 Federal application decision from IRCC 18 Part 5: Information for employers 19 Employer shall be in good standing in New Brunswick 19 Employer is required to demonstrate labour shortages 19 Employer shall establish a relationship with the candidate 20 Employer Compliance Fee 20 Page 4 of 29

Leveraging Immigration for Workforce Expansion 20 Employers shall not engage in certain businesses 20 Misrepresentation 21 Part 6: Using a representative 22 Part 7: When not to apply 24 Part 8: Processing fees 25 Part 9: Document checklist 26 Page 5 of 29

Do I need a representative to help me apply?

No. The Government of Canada and the Government of New Brunswick treat everyone equally, whether they use a representative or not.

All the forms and information that you need to apply to immigrate to Canada are available for free. If you follow the instructions in the application guide, you can complete the application form and submit it on your own. If you decide to use an immigration representative, be careful whom you ask for advice. If you’re hiring a paid representative find out if they’re authorized:

• This means they have a license to practice and give advice

• If you choose a paid representative who’s not authorized, we may return your application or refuse it

• If you give a representative money or compensate them in any other way in exchange for their services, they’re considered paid and must be authorized

Tips to protect yourself from fraud

• Be careful of anything that sounds too good to be true

• Using a representative will not draw special attention to your application or guarantee that we’ll approve it

• Beware of representatives who encourage you to give false information in your application. It’s against the law, and you could be denied entry into Canada or deported after you arrive

• Don’t leave original documents or photos with your representative

• Don’t sign blank application forms

• Don’t sign forms or documents unless you can read them. If you don’t understand them, ask someone to translate

• Make sure to get copies of any documents your representative makes for you

• Any time you pay your representative, get a signed receipt

• Make sure your representative updates you on your application often

• Protect your money and remember:

o we’ll never call you and ask you to deposit money into a personal bank account o we’ll never ask you to transfer money through a private money transfer company o processing fees are in Canadian dollars and they’re the same around the world Page 6 of 29

Part 1: Introduction

In response to feedback from industry stakeholders, the Province has established a pathway specific to Transport Truck Drivers (NOC 7511) within the New Brunswick Skilled Worker Stream. The New Brunswick Provincial Nominee Program (NBPNP), administered by the Government of New Brunswick (GNB), is an immigration program that allows GNB to nominate individuals with the greatest ability to become economically established in New Brunswick. This immigration stream is part of an economic immigration program and is not intended for family reunification, protected persons or for humanitarian and compassionate reasons.

The New Brunswick Skilled Worker Stream helps New Brunswick employers recruit foreign nationals and international graduates whose skills are in limited supply in the province and who have been unable to fill job vacancies with a Canadian citizen or permanent resident (PR). The New Brunswick Skilled Worker Stream is for workers with the skills, education and work experience to contribute to New Brunswick’s economy, and who are ready to live and work in New Brunswick permanently. This guide provides complete and comprehensive information about program requirements and eligibility. Please carefully read it before you apply.

When applying to any of New Brunswick’s immigration streams, you must be PR Ready. In the New Brunswick Skilled Worker Stream, it means that you meet all minimum eligibility requirements and selection factors and have all the required documents on hand to prepare and submit a complete and correct application to the Government of New Brunswick and to the Government of Canada. Being PR Ready means more efficient processing, fewer delays and a better experience navigating the New Brunswick and Canadian immigration programs. In most cases, this means your application will be processed faster. For details refer to the Are you PR ready? document available at www.welcomenb.ca.

NBPNP applications require two stages of approval before PR status may be obtained. Stage 1: Application to the NBPNP for a nomination certificate If you meet all eligibility criteria and selection factors, and you have the support of your New Brunswick employer as indicated through a completed and signed Employer Information form (NBPNP-004), you can then apply to the NBPNP by submitting an online application. The processing time varies depending on the time required for the verification of documents included in your application and on the volume of applications received. In some cases, you may be asked to attend an interview. Stage 2: Application to Immigration, Refugees and Citizenship Canada for a PR visa If you are nominated by GNB, you should then apply to the Government of Canada for a PR visa, through Immigration, Refugees and Citizenship Canada (IRCC). In this case, you will send your application to the IRCC Centralized Intake Office in Sydney, Nova Scotia, Canada. You, your spouse and dependents must meet statutory requirements for medical, security and criminal admissibility. IRCC has the final authority to issue a PR visa. There is no guarantee that IRCC will approve your PR application even if you are nominated by GNB. To submit your permanent residence application to IRCC, you can choose the online application process or the paper-based application process.

Important Information

Provincial immigration pathways are dependent upon federal immigration allocations, application volumes and labour market needs. For this reason:

• GNB will determine the availability of immigration streams and categories depending on the volume of applications;

• GNB reserves the right to close or pause application intake without prior notice for any stream, at any time; Page 7 of 29

• GNB is not obligated to process any expression of interest or application submitted to one of its streams or categories;

• GNB may decline to consider applications, irrespective of when an application was submitted;

• GNB will assess applications according to the most current criteria, regardless of the date of submission of an application;

• GNB will process applications at its discretion and in a manner that best supports the goals of the NBPNP. This can be based on application volumes, quality of individual applications, labour market information, economic forecasting and/or any other factors as determined by GNB;

• GNB will grant priority processing to applicants who have the greatest ability to become established economically in New Brunswick – as determined by GNB – and will not process applications on a first come, first served basis;

• The decision to process (or assess) any application and the outcome is at the sole discretion of GNB; and

• The decision to issue a nomination certificate is at the sole discretion of GNB. By submitting an application to IRCC, employers and applicants agree and acknowledge that:

• Receipt of a nomination certificate from GNB does not guarantee that a PR visa will be issued by IRCC;

• IRCC has the sole authority to decide if persons will receive a PR visa. GNB is not responsible for any processes or decisions of IRCC; and

• IRCC will assess the application based on Canadian immigration law and make the final decision for granting a PR visa.

Misrepresentation

If it is found that you, or any person included in or associated with your application, has directly or indirectly misrepresented or intentionally withheld, or failed to submit, material fact(s) or information that induced or could have induced errors in the administration of the program whereas you could have been issued a nomination certificate without having provided truthful and complete information to enable GNB to properly assess the application, your application will be refused due to misrepresentation, regardless of your ability to meet any, or all of the eligibility requirements.

Applicants who are refused for misrepresentation are prohibited from applying to New Brunswick for two years from the date of decision.

Furthermore, the Government of New Brunswick is obligated to cooperate with the Government of Canada to ensure the integrity of the program. This includes sharing information including personal information and intelligence related to program abuses, as per the details set out in the Canada-New Brunswick Memorandum of Understanding on Information Sharing. As such New Brunswick will report to Canada without delay any instances of suspected or confirmed fraud involving, but not limited to, applicants, employers, third-party immigration representatives and educational institutions, subject to Section 10 of the agreement, and in accordance with the policies and procedures outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

Legal status

If you are residing in Canada during the application process, you must maintain legal immigration status. Legal status means that you are authorized to enter and remain in Canada as a temporary resident for a specific period, either as a visitor, worker or student.

Maintained status

You may register and/or apply to the NBPNP if you are a temporary resident with maintained status in Canada. You obtain maintained status if you are a temporary resident who submitted an application to IRCC to renew/extend your period of authorized stay (i.e. renewal of study or work permit) before its expiry date. You can remain in Canada and continue to work under the same conditions as your existing permit until a decision is made on your pending IRCC application.

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New Brunswick Employment Standards Act

Foreign workers have the same rights and obligations under the Employment Standards Act as all employees in New Brunswick. Employers cannot:

• Require foreign workers to use and pay an immigration consultant;

• Recover ineligible recruitment and transportation costs from the foreign worker;

• Misrepresent employment opportunities;

• Supply false information about employer and employee rights and responsibilities;

• Prevent workers from vacating employer provided accommodations for private accommodations;

• Reduce wages or changing any other terms or conditions of employment undertaken in the recruitment of a foreign worker;

• Threaten deportation; and

• Take possession of a foreign worker’s identity documents (e.g., passport) and work permit. Page 9 of 29

Part 2: Eligibility requirements

There are requirements for each stage of the New Brunswick Skilled Worker Stream process including registration, application and nomination. You must meet the minimum eligibility requirements for age, language, job offer, work experience and education, and score a minimum of 60 points in the selection factors to be considered for nomination by GNB.

Eligibility requirements must be met at the time of registration, application, nomination, and throughout the entire immigration process. Meeting eligibility requirements does not guarantee that you will be nominated. Intent to Reside

It is your responsibility to prove a genuine intention to reside in New Brunswick as described in Section 87(2)

(b) of the Immigration Refugee Protection Act (S.C. 2001, c 27) Regulations which state that “a foreign national is a member of the nominee class if they intend to reside in the province that nominated them”. To demonstrate intent, you may be asked to provide evidence, that may include, but is not limited to:

• Completed training as a Transport Truck Driver at a post-secondary institution in Atlantic Canada (i.e. New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador);

• Electronic driving logs that demonstrate time spent in New Brunswick (i.e. regular returns, off-time);

• Residency including household lease agreements and/or property ownership;

• Spouse/partner being employed in New Brunswick;

• Family ties and other social relationships and connections;

• Children registered and attending school in the province (if applicable).

• Details of prior visits to Canada; and/or

• Your connection to other jurisdictions in Canada. Work Experience

It is your responsibility to demonstrate that you are qualified for the position. To be considered you are required to demonstrate that you have 24 months of work experience in NOC 7511: Transport Truck Drivers within the past five years, including at least six months of continuous employment in New Brunswick, with a New Brunswick Driver’s License, as a Transport Truck Driver while working on a valid work permit, prior to the date of your application. GNB uses the NOC to classify jobs according to duties, skills, aptitudes and work settings for occupations in the Canadian labour market. The NOC helps determine whether a job meets the skill levels established for skilled, semi-skilled and low-skilled worker occupations, and whether the candidate’s qualifications and experience match the requirements of the job. GNB differentiates between skilled workers, semi-skilled and low-skilled workers.

Please Note: The employer that is making the offer of employment and supporting your application under the NB Skilled Worker stream does not need to be the same employer with which you obtained your six months of New Brunswick work experience as a Transport Truck Driver (NOC 7511). Offer of Employment

A New Brunswick employer has offered, and you have accepted, permanent, full time, year-round (non- seasonal) employment in an eligible occupation. Permanent means the job has no pre-determined end date; it is a long-term job offer. Full-time means that you are expected to work a minimum of 30 hours per week, or 1,560 hours per year.

Competitive Wage

The wage you have been offered must be competitive with New Brunswick wage rates for the occupation. The wage stated on your offer of employment must:

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• Meet or exceed wage levels for the occupation in the region of New Brunswick where you will be working. For examples of market wage rates by occupation, visit www.jobbank.gc.ca;

• Be comparable to the rate paid to workers with a similar level of experience and training for equivalent jobs in New Brunswick; and,

• Be consistent with the wage compensation structure of your employer. GNB will not consider bonuses, commissions, profit-sharing distributions, tips/gratuities, overtime wages, housing allowances, room and board, or other similar payments to be part of your wage. If you were originally hired on a positive Labour Market Impact Assessment (LMIA), the wage you are earning at the time of registration and/or application must be equal to or greater than the wage stated in the offer of employment and on the LMIA.

Employer Support

All applications must be supported by an Employer Information Form (NBPNP-004) completed by the employer and signed by both the employer and the applicant. Applications submitted without the express support of the New Brunswick employer, as indicated by this form, are not eligible for nomination under this stream. Page 11 of 29

Part 3: Selection factors

The New Brunswick Skilled Worker Stream is open to foreign nationals, living in Canada or abroad, who have an offer of employment for a full-time, permanent position from an employer based in New Brunswick. To apply to the stream, you must make sure that you meet all eligibility requirements. If all eligibility requirements have been met, you will be assessed according to the following selection: age, language, education, previous work experience and adaptability. A minimum of 60 of 90 points is required to be successful. Age

You must be between 19-55 years of age. Your age is assessed as of the day that a complete application is submitted to GNB in response to an Invitation to Apply (ITA). Age is not considered as of the date you register with NBPNP. Calculate your score:

Age Points

22-55 10

19-21 8

Official languages

To meet the language requirement, you must submit valid test results from a designated testing organization to show you have obtained a minimum score equal to or greater than a Canadian Language Benchmark (CLB) 4 for English or Niveaux de compétence linguistique canadiens (NCLC) 4 for French in all four language abilities: reading, writing, listening and speaking.

A benchmark of 4 is considered a basic language ability. It means you can communicate in common and predictable contexts about basic needs, everyday activities and familiar topics of immediate personal relevance. In the CLB, these are referred to as non-demanding contexts of language use. Calculate your score:

First official

language

Reading Writing Listening Speaking Points

CLB 7+ 6 6 6 6

CLB 4-6 5 5 5 5 24

Second official language

CLB 4+ in all four language abilities 4

Valid language test results must be from one of the following designated language-testing organizations:

• International English Language Testing System (IELTS) General Training;

• Canadian English Language Proficiency Index Program (CELPIP) General;

• Test d’évaluation de français pour le Canada (TEF Canada); or

• Test de connaissance du français pour le Canada (TCF Canada). Your test results will be considered valid for the two years from the date of issuance. Test results must be less than two years old when you submit your application to IRCC for PR, should you receive a nomination certificate. The following table shows the minimum scores required in each of the language proficiency tests to meet CLB4.

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Language

proficiency test

Reading Writing Listening Speaking

IELTS General 3.5 4.0 4.5 4.0

CELPIP General 4 4 4 4

TEF Canada* 121-***-***-***

TCF Canada 342-374 4-5 331-368 4-5

* For TEF Canada results, please use and refer to your « equivalence ancien score » Education

You must, at a minimum, have a Canadian secondary (high school) diploma or a foreign high school diploma equal to a Canadian credential. If you have a foreign education you will need an Educational Credential Assessment (ECA) report from a recognized organization to show that your credential is valid and equal to a Canadian credential. If you already have an ECA report, it must be less than five years old when IRCC receives your PR application, should you receive a nomination certificate. You don’t need an assessment for a Canadian degree, diploma or certificate.

To obtain an ECA Report, you must be assessed by an organization or a professional body designated by IRCC. They will give you a report that tells you what your education is equal to in Canada. Once you choose a designated organization or a professional body, they will tell you how to submit your documents to get your assessment. Designated organizations include:

• Comparative Education Service (CES)

• International Credential Assessment Service of Canada (ICAS)

• World Education Services (WES)

• International Qualifications Assessment Service (IQAS)

• International Credential Evaluation Service (ICES)

• Medical Council of Canada (professional body for doctors)

• Pharmacy Examining Board of Canada (professional body for pharmacists) The Apprenticeship and Occupational Certification Branch (GNB) and will assess certificates or licenses that are granted by a regulatory authority if they are in a trade or occupation that is similar in scope to any of the designated occupations in New Brunswick.

Calculate your score:

Education – Canadian, or equivalent Points

Doctoral level university degree (Ph.D.)

Master's degree, OR professional degree needed to practice in a licensed profession. (For “professional 20 degree,” the degree program must have been in: medicine, veterinary medicine, dentistry, optometry, law, chiropractic medicine, or pharmacy.)

Two or more certificates, degrees, diplomas or certificates from a university, college, trade or technical school, or other accredited institute. One must be for a program of at least three years. 19

Bachelor's degree, or a three, or more year program at a university, college, trade or technical school, or other accredited institute

Two-year degree, diploma or certificate from a university, college, trade or technical school, or other accredited institute

18

One-year degree, diploma or certificate from a university, college, trade or technical school, or other accredited institute

17

Secondary diploma (high school graduation) from a high school (after junior/middle school and before college, university or other formal training

15

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Work experience

You may be awarded up to a maximum of 20 points based on your cumulative full-time, related work experience obtained within the five years prior to submitting your immigration application to GNB. Your work experience shall:

• Be based on full-time work, which means at least 1,560 hours of work over a period of one year. [This is how many hours you would have worked in a year if you were working 30 hours per week.];

• Be with one or more employers;

• Be in a NOC related to your job offer from a New Brunswick employer;

• Be paid. [Employment that is part of unpaid internships, volunteer experiences and programs of study

(such as a co-op) do not qualify towards your work experience];

• Be obtained within Canada and/or abroad;

• If based on self-employment, be validated with official documents through independent third parties; and

• Not be based on self-employment in the retail, food and accommodation sectors. If you are claiming work experience in a regulated occupation that requires authorization to practice, you must demonstrate that you held a valid license from the applicable regulatory body during that period. See in previous section: Regulated occupations in New Brunswick. Calculate your score:

Years of experience Points

Five 20

Four 16

Three 12

Two 8

One 5

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Adaptability

You may be awarded up to a maximum of 12 points in the event you have an additional connection to New Brunswick demonstrated through education, employment in New Brunswick, additional skills and language. Later in this guide, you will find a list of documents that you must submit to GNB to receive points for adaptability.

Principal Applicant Points

Employment

You have worked in New Brunswick for at least six months with a valid work permit or authorization to work in Canada

10

Your employer is exempt from needing an LMIA. Exemptions will be approved by GNB on a case-by-case basis.

8

Education

You have successfully completed at least two years of post-secondary education from an accredited institution in New Brunswick 10

You have successfully completed at least one year of post-secondary education from an accredited institution in New Brunswick 7

Family

You or your spouse/common-law partner, has a son, daughter, brother, sister, mother, father, child, grandparent, aunt, uncle, niece or nephew living in New Brunswick as a Canadian Citizen or PR for the 12 months prior to you submitting an application.

5

Spouse or

Common-Law

Partner

Your spouse or common-law partner worked for at least one of the last five years in New Brunswick, with a valid work permit or authorization to work in Canada, or

5

Your spouse or common-law partner has a minimum language level proficiency of CLB4 4 in English or Niveaux de compétence linguistique canadiens (NCLC) 4 in French in all four language abilities Page 15 of 29

Part 4: Application process

The following section outlines the steps required to obtain permanent residence to Canada. Step #1 Offer of employment

You must accept a genuine offer of full-time (non-seasonal), permanent (indeterminate) employment from a New Brunswick employer who is willing to support you through the NBPNP process. Step #2 PR Readiness

When applying to any of New Brunswick’s immigration streams, you must be PR Ready. In the New Brunswick Skilled Worker Stream, it means that you meet all minimum eligibility requirements and selection factors and have all the required documents on hand to prepare and submit a complete and correct application to the Government of New Brunswick and to the Government of Canada. Being PR Ready means more efficient processing, fewer delays and a better experience navigating the New Brunswick and Canadian immigration programs. In most cases, this means your application will be processed faster. For details refer to the Are you PR ready? document available at www.welcomenb.ca.

Step #3 Online registration

You must create a candidate profile. You can check the most up-to-date information regarding the status of your application at any time by logging in to view My Dashboard. You are responsible for updating your profile and ensuring that all required information is accurate, current and up-to-date throughout all stages of the immigration process. You must notify GNB of any changes in your life circumstances throughout the application process, including but not limited to: family composition, marital status, country of residence, employment, contact information, decrease in salary, change in immigration status, etc. Failure to notify GNB of any changes may result in the refusal of your application. Step #4 Invitation to apply

Because you have an offer of employment from a New Brunswick company, you will receive an invitation to apply (ITA) to the NBPNP. You have up to 45 calendar days from the date of the ITA to submit a complete application via the New Brunswick online system. If you fail to submit a complete application by the deadline, your ITA will be automatically removed and you will have to start the process again. An ITA does not guarantee that your application will be approved for nomination. If you receive an ITA, and you submit your application, your application may be refused if you do not meet eligibility requirements and/or selection factors as outlined in this guide.

Step #5 Submission of provincial application to GNB Once you have submitted your complete application online and paid the processing fee, GNB will conduct a full review of your application and it will be assessed according to eligibility requirements and selection factors outlined in this guide.

Employment PR Ready Registration Invitation

PNP

Application

GNB Decision

IRCC

Application

Permanent

Residence

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The stream under which you apply cannot be changed once you submit your application. If you do not meet the requirements of the category under which you registered, your application will be refused. Afterward, you may apply under another stream providing you meet the eligibility requirements. Additional information for submitting your application GNB may request additional evidence and information as reasonably required to verify and process your application. Failure to provide such information in a timely manner may result in the refusal of your application. Failure to provide the information within the timeline indicated by GNB may result in the refusal of your application.

Interview

GNB may require you to participate in an interview as reasonably required to verify information related to your application, or any other reason to be disclosed at the time of the request. The interview shall be held in your preferred language of English and/or French. Interpreters are not permitted during the interview. The format, location and time of the interview shall be determined by GNB. Failure to attend your scheduled interview may result in the refusal of your application.

Age of dependent children

The age(s) of your dependent children, if any, are locked in, for federal immigration requirements, at the time you submit a complete application to GNB. The date you create your online profile or

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