Spring MPNP update

Currently, there is a high level of frustration and anxiety among workers and students in Manitoba who are hoping to get Permanent Resident status through the MPNP program. They may have come to Canada with the expectation that their plan would be easy. They may have read old promises by the Government of Canada. They made decisions based on historical data.

Over the past 6 months, the immigration landscape in Canada has dramatically changed. In turn, the MPNP program and the potential future of folks in Manitoba may also change. The promises and expectations from years past do not, unfortunately, support applications in 2024 and the government is not under an obligation to provide status for applicants. CIL provides services for many clients to navigate the system, as it changes, to provide the best guidance for our clients.

Yesterday, Alastair Clarke met with MPNP managers and Senior Officers to get an update on the MPNP program. Here are key points:

• As reported, MPNP has been granted 9,500 NOMINATION CERTIFICATES by IRCC for 2024;
• There are between 20,000 to 27,000 EXPRESSIONS OF INTEREST (EOI) in the MPNP pool;
• There are more than 47,000 individuals with temporary status in Manitoba;
• MPNP has hired more Officers to process MPNP applications and, the latest budget from the Manitoba government provides funding for more Officers in future;
• MPNP will prioritize applicants who have been selected (at LAA stage) with expiring Work Permits (eg. PGWP or CUAET); however, they cannot guarantee that all applicants will be able to apply for the T13 Work Permit while they are in status;
• Applicants must disclose the expiry date of their Work Permit for the MPNP Officer to give the applicant priority consideration;
• If Applicants hire agents and/or consultants who make mistakes, the applicants are liable;
• MPNP Officers will be flexible with Ukrainian applicants who cannot obtain documents, despite “best efforts”;
• The Skilled Worker Webform is the best way to request a Work Permit Support Letter; and,
• Current IRCC Regulations regarding T13 Work Permits do not allow MPNP to provide Work Permit Support Letters on a provisional basis.

During the meeting, many other topics were discussed. The MPNP program Managers and Officers have been working hard and they have been putting in significant overtime hours to process applications. They are acutely aware of the high level of anxiety. Workers at MPNP also recognize that applicants may need to leave Canada while their applications are in process and then return to Canada, if the application is approved.

ALTERNATIVES TO MPNP

We have also spoken with many workers who are looking at other options. In particular, we have many people who are considering a refugee claim. This is not an easy process and it is only recommended for individuals who are described by section 96 or section 97 of IRPA. 

Alastair Clarke and other lawyers across Canada have written a guide on filing a refugee claim in Canada, including all the steps involved and potential issues. Please read the guide and get professional help before you start your refugee claim. If your claim is accepted, then you can apply for PR status as our client did in this case. 

The other common option, as an alternative to MPNP and/or Express Entry, is the HUMANITARIAN and COMPASSIONATE (H&C) application, filed per section 25 of IRPA. Within the context of immigration law, this is an application of last resort and it is only recommended if the applicant has no other options. Here is an example of an H&C that we filed, successfully, on behalf of a family.

RISK FACTORS

As in previous years, the MPNP program wants to support individuals with strong connections to Manitoba. Risk factors, including studying or working in another province, will result in lower points. The program may provide Procedural Fairness Letters (PFLs) to individuals who get PR status based on the MPNP program and then move to another province. The MPNP program is focused on high “retention” numbers and they value each Nomination Certificate. Once a Nomination has been issued to an applicant, it cannot be recovered.

If you get a PFL and you need help, please contact our office. We have helped many applicants through this process. 

MPNP has disclosed that the highest retention category is “SWO – with family connections to Manitoba”. The category with the lowest retention is “SWM – with risk factors”. In future, MPNP draws may focus on applicants with the highest chance of strong retention.

MPNP continues to have concerns of abuse. Applicants who apply to the program with the intention of moving to another province after getting PR status are not encouraged to apply.