Yukon Nominee Program

• The employer finds a qualified foreign worker by using either:
  • Canada’s Job Bank to be matched with eligible foreign workers; or
  • The Express Entry stream of the Yukon Nominee Program to offer a job to a foreign worker
• The employer must prove there is no qualified Canadian or permanent resident for a position.
• The foreign worker must show they meet the requirements for 1 of the 3 Express Entry Economic Immigration programs.
• The foreign worker creates an Express Entry profile to enter the candidate pool. The foreign worker receives an Express Entry Profile Number and, if applicable, a Job Seeker Validation Code.
• The foreign worker proves they have enough money, as determined by the federal government based on the size of their family.
• The employer and foreign worker complete the Yukon Express Entry application.
• The foreign worker provides us with the completed application and any other documents we need.
• The federal government invites the foreign worker to apply for permanent residence.
• The foreign worker provides any documents the federal government needs to complete the permanent residence application. For instance, a criminal record check or medical report.

Employers

To be eligible to make an application under the YNP, an employer must meet the following criteria:

• the employer must be a permanent resident of Canada;
• the employer must have owned and operated in Yukon:
  • a registered Yukon business with an office in Yukon for at least one year prior to the application to the YNP; or
  • an industry association with an office in Yukon for at least one year prior to the application to the YNP; or
  • a municipal, First Nation or territorial government for at least one year prior to the application to the YNP; or
  • a non-profit organization for a minimum of two years, with funding secured for at least one year following the application to the YNP.
• The business must operate all year round and the employer must have owned and operated the business for a full year prior to the application;
• Fraud, misrepresentation and misleading information by an employer at any point during their interaction with the Yukon Nominee Program will disqualify them from participating in Yukon immigration programs and/or result in their expulsion from the program
• The application must be signed by the employer or an employee of the business authorized by the employer
• The employer must have current and valid required licenses in accordance with all applicable federal, territorial, and municipal requirements;
• The employer must show proof that the offer of employment complies with YNP standards outlined in the Yukon Nominee Program Application Handbook relating to wages and low income cut-off standards, duration of employment, other applicable standards, and with all of the minimum requirements of the Yukon Employment Standards Act;
• Employers may not be under investigation by the Department of Education or any federal, territorial or municipal government departments/agencies for violation of the terms of a TPA or any other matter including human rights violations, labour relations violations, tax violations and so on;
• The employer must demonstrate a valid labour market need for the occupation being nominated and show proof that qualified Canadian citizens or permanent residents were not available for the position. (The employer must follow the practices outlined in the Yukon Nominee Program Application Handbook about contacting local employment agencies, First Nations and other groups.)
• The position must have been advertised for a minimum of four weeks in the three month period immediately preceding the application. NOTE: The advertisement to actively seek qualified Canadians and permanent residents must remain posted until a decision is issued by YNP;
• No qualified or suitable Canadian or permanent resident workers working in the same occupation for the employer have been laid off by the employer within the last 12 months, unless the employer has offered to recall the workers and they have rejected the offer;
• The employer is not banned from the YNP or by IRCC;
• The employer must verify the prior work experience and qualifications of foreign nationals prior to submitting an application to the Skilled Worker Program or the Critical Impact Worker Program; and
• The employer has not, directly or indirectly, charged or collected a fee or received any financial gains in nominating a foreign worker.
• The following types of business are not eligible:
  • bed and breakfasts (less than 10 rooms) hobby farms (a farm where the operator does not rely on farming to
  • provide the bulk of their income or to be the centre of their work routine) home based businesses
  • taxi-cab companies
  • businesses owned and operated by active Yukon Business Nominees
  • Yukon Nominee Program Policy Page 4 of 13 passive investments
  • home-based distribution operations
  • business consultation and personal services
  • real estate
  • holdings companies

Guaranteed Employment Offers

A guaranteed employment offer made under the YNP must meet the following criteria:

• • For the purposes of the Yukon Nominee Program, only the base hourly wage advertised for the job constitutes the annual income.
• Gratuities, overtime, bonuses, free rent and other forms of compensation are not counted as income; however, if such perks are regularly included with the position, they must be stated in the job advertisement
• It must be permanent full-time (35-40 hours/weekly) year-round employment;
• The wage must match the median wage set by the Government of Canada for Yukon (in the ‘New Wage Structure’ established by Employment and Social Development Canada), and any variations must follow Canada’s wage structure for foreign workers;
• The wage must be sufficient to support the nominee and his or her dependents, as determined by Statistic Canada’s low income cut-off standards;
• It must include health insurance, free to nominees, that gives similar coverage to what a Yukon resident receives under the Health Care Insurance Plan Act until the nominee is eligible for an insured health card under the Health Care Insurance Plan Act; and
• It must not conflict with existing collective bargaining agreements.

Nominees

To be approved as a nominee, a foreign national must meet the following criteria (which are consistent with guidance received from IRCC)

• If they are in Canada at the time of application, they must have legal status in Canada which excludes visitor or refugee status
• Foreign nationals who are currently in Canada, must have a valid work permit at the time of the YNP application
• A foreign national under implied status is not eligible to apply for the YNP; Yukon Nominee Program Policy
• They have not previously been refused immigration to Canada;
• Fraud, misrepresentation and misleading information by a foreign national at any point during their interaction with the Yukon Nominee Program will disqualify them from participating in Yukon immigration programs and/or result in their expulsion from the program they belong to. Advanced Education will notify IRCC in writing of any such occurrence.
• If they are a foreign national in Canada under a student visa, they must demonstrate that they have completed all of the requirements of their academic program before being considered for the YNP (the minimum period for the academic program is 12 months);
• They must supply notarized documentation to prove their education, work experience, family status (including all dependents) and other requirements of the YNP: marriage or divorce certificates, separation documents, permission for any dependent to leave the country (if divorced or separated), common law declaration, birth certificate, passport, custody documents, and adoption documents;
• They must provide proof of qualifying relevant work experience in the job offered; acquired within the 10-year period preceding the date of application:
  • Any period of employment during which the foreign national was engaged in a fulltime study shall not be included in calculating a period of relevant work experience. Co-op work experience does not count towards relevant work experience.
  • a minimum of the equivalent of 6 months full time for a ‘critical impact worker’ (National Occupation Code (NOC) Matrix skill levels C or D); or
  • a minimum of the equivalent of 12 months full time for a ‘skilled worker’ (NOC Matrix skill levels O, A, or B);
• They must meet language standards established by IRCC for immigration. The level of required language competency is determined by the skill level for the position, as defined in the YNP Application Handbook
• They must have a guaranteed job offer in Yukon and the job offer must meet the economic (wages, low-income cut-off requirements) and other criteria necessary for nomination
• They must intend to settle permanently in Yukon, and submit their permanent residence application to IRCC within three to six months of starting work; and
• The nominee cannot be charged by the employer with any fees for recruitment services and the employer cannot accept any payment or benefit for hiring the nominee.

Source:https://yukon.ca/en/find-out-if-you-are-eligible-hire-foreign-worker