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Immigration Law

Physical Presence Requirement of an Employer in British Columbia under the BCPNP

November 03, 2022 by FH&P Lawyers

What is the BCPNP?

The Provincial Nominee Program (PNP) allows Canadian provinces and territories to nominate individuals interested in immigration and settling in their respective locations. In British Columbia, the BC Provincial Nominee Program (BCPNP) enables the province to nominate individuals that will support governmental priorities, meet BC’s labour market needs, and help grow the economy.

If you are nominated by BCPNP, you can then apply to Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence in Canada.

How can you qualify for BCPNP?

There are three different categories you can apply under:

  1. Skills Immigration
  2. Express Entry BC
  3. Entrepreneur Immigration

What is the Physical Presence Requirement under the BCPNP?

If you are an individual looking to submit a BCPNP Application, there is a physical presence requirement of your employer in BC stated as follows:

6.2 Established in British Columbia

Your employer must be established, and have a physical presence, in B.C. For the purposes of the BC PNP, this means that your employer has an ongoing fixed place of business in B.C., such as an office, where employees can physically report to work on a regular basis.

As remote work has been more prevalent since the beginning of the COVID-19 pandemic, many individuals are wondering whether the physical presence requirement is still mandatory. Unfortunately, the physical presence requirement under the BCPNP is still a mandatory requirement of the program.

How We Can Help?

We understand that navigating Canadian Immigration can be a confusing process and we are here to help and make the process of immigration both simpler and easier for those looking to immigrate to Canada.

In order to assess whether your employer has a physical presence in BC or whether you qualify under the BCPNP, please click HERE for a free assessment.

If you have any further questions or would like our assistance with respect to the BCPNP process, please contact our office to schedule an initial consult.