Holthe Immigration Law | Reopened Alberta Opportunity Stream: Pathway to Success or Recipe for Disaster?

The reopening of the Alberta Opportunity Stream (AOS) has been nothing short of a debacle. As Canadian immigration lawyers based in Alberta, we have witnessed firsthand the frustration and confusion experienced by thousands of applicants. Here’s a detailed breakdown of the challenges and issues that have emerged with the new intake process, along with tips on how you can prepare for future intakes.

Unlimited Demand vs. Very Limited Number of Spots

On June 11 ,2024, the Alberta Advantage Immigration Program (AAIP) reopened its portal for the Alberta Opportunity Stream, Rural Renewal Stream, and Tourism and Hospitality Stream. With more than 20,000 hopeful applicants vying for only 735 spots:

• 430 spots for Alberta Opportunity Stream,

• 30 spots for Accelerated Tech Pathway,

• 145 spots for Rural Renewal Stream, and

• 130 spots for Tourism and Hospitality Stream.

The demand far exceeded the availability. The result was a chaotic rush, reminiscent of the Hunger Games, with many applicants unable to even access the AAIP application portal.

Technical Glitches, 503 Errors, and Server Issues

The technical rollout of the AAIP portal was a disaster. Applicants experienced numerous technical issues, including HTTP 503 error codes and server unavailability. This should have been an expected result of the incredible demand and volume of applicants rushing into the AAIP portal all at the same time. It is possible that the system was not properly tested or that the actual demand far exceeded any projections.

When the AAIP portal finally opened, many applicants found themselves in a queue with thousands (or even tens of thousands) of others ahead of them. The system struggled to handle the volume, causing significant delays and frustration. At one point, more than 20,000 users were trying to access the portal, resulting in a bottleneck that prevented even the most prepared applicants from submitting their applications.

The queue system was meant to manage the massive intake, but it only added to the chaos. Applicants were randomly assigned spots in line, making it seem as though internet speed or luck were the primary factors determining whether one even had a shot. This left many feeling as if their chances of applying successfully were akin to winning a lottery. This randomness, coupled with the high volume of applicants, led to a significant number of people losing an entire day’s income as they sat in front of their computers, hoping to secure a spot. Unfortunately, the majority of people in line, even those who were diligently prepared and ready to apply early in the morning, had their hopes shattered.

Last-Minute Changes and Poor Communication

The province remained completely silent about when exactly the AAIP portal would reopen. Everyone was left guessing whether the portal would open at midnight, 6 AM, 8 AM, 9 AM, noon, or some other time. We’ve seen all sorts of unexpected times before; for example, the portal for the Open Work Permit Program for H1B holders opened at 4 AM MDT. This lack of information likely caused many applicants to stay up all night, refreshing their browsers and encountering server connectivity errors.

Additionally, the AAIP introduced significant changes to the application process without adequate notice. A new document checklist was quietly posted on June 7, just a few days before the portal reopened. This checklist included new requirements, such as the Employer Declaration and Authorization form and business licenses, which caught many applicants and their employers off guard. The lack of clear, timely communication from the AAIP exacerbated the situation, leaving applicants scrambling to meet the new requirements.

The timing of these changes was particularly problematic. The new checklist and forms were posted late on a Friday, giving applicants and employers only one business day to prepare before the portal reopened. This resulted in a frantic rush over the weekend, with many applicants unable to secure the necessary documents in time.

New Employer Obligations and Challenges

Employers now play a crucial role in the AAIP application process, with stringent requirements that were not previously in place. These include:

• Providing a Completed Employer Declaration and Authorization Form:

This form requires detailed information about the employer, their business operations, and the number of employees they support through the AAIP. Employers must disclose the total number of AIP nominees requested for their work location, including those currently waiting to be assessed and those previously approved. The introduction of the Employer Declaration Form has placed a significant burden on employers, who must now provide extensive documentation and support for their employees’ applications. This has led to concerns among employers about the additional workload and potential liabilities associated with the new requirements.

• Demonstrating a Need for the Position:

Employers must demonstrate a genuine need for the position being offered. This can be shown through a valid work permit (issued under the Temporary Foreign Worker Program or International Mobility Program) or proof of recruitment efforts.

• Meeting Specific Criteria Regarding Business Operations:

Employers must have been in operation for at least two fiscal years and generate a minimum of $400,000 in total gross annual revenue. Additionally, they must have at least three full-time employees. These criteria ensure that only established and stable businesses can support AOS applicants, adding another layer of complexity to the application process.

If an employer cannot demonstrate a gross annual revenue of $400,000 for the most recent tax year and a minimum of three full-time employees, the employer can still qualify for the program but will be restricted in the number of nominee applicants they can support, based on the number of years the employer has been operating in Alberta.

• Two years of operation in Alberta: a total of one nominee.

• Three years of operation in Alberta: a total of two nominees.

• For each additional year of operation, one additional nominee can be supported.

As per these requirements, some employers are now subject to caps on the number of nominations they can support, which depends on their years of operation and other factors. This cap is a new measure aimed at distributing nominations more evenly across different employers and industries, as well as a method of combatting corrupt companies that make money selling job offers.

These new requirements come in addition to the typical rules where the employers must:

• have a legitimate business,

• provide goods or services in Alberta,

• offer employment consistent with their business activities or needs, and

• Have a place of doing business in Alberta, where employees can report to work regularly as needed and where work assignments are issued.

• Providing Business and Tax Documents to the AAIP Upon Request:

The new AOS document checklist now informs that the AAIP may request additional business and tax documents directly from the employer. These documents may include one or more of the following:

• authorization to access Canada Revenue Agency My Business Account online

• financial documents (such as T2-Corporation Income Tax Return, T2125- Statement of business or professional activities, T4 Summary of Remuneration paid (T4 SUM form), PD7A – Statement of account for current source deductions)

• business activity documents (such as invoices and contracts, franchise agreement, equipment registration)

• location of business documents (such as rental or lease agreement or ownership/title, business advertisement, and site pictures)

• recruitment effort and staffing planning or organizational structure documents

• municipal/provincial/territorial business license or letter of exemption.

Some employers may reasonably get concerned with the level of involvement needed for the AOS process. Let’s be honest, unfortunately, many applicants have uncooperative employers who would not be willing to go all the way to support their employees. Essentially, the new requirements put employees into even more dependent and vulnerable positions before their employers (especially, if the employer is not a good actor).

Catastrophic Impact on Applicants

The new race-to-file system has left many applicants in a state of uncertainty. The randomness of the queue and the technical difficulties have made the process feel more like a lottery than a proper PNP process. Many applicants who took time off work to apply were left empty-handed, and the prospect of getting through the next round is daunting.

The unannounced introduction of a new document checklist and the Employer Declaration and Authorization form has added another layer of complexity. Additionally, with the new employer eligibility requirements, AAIP applicants must now ensure that their employers are fully aware of the new obligations and are prepared to provide the necessary support. This has led to significant stress and anxiety, as many applicants in Alberta fear that their employers may not be willing or able to meet the new requirements.

How do you prepare for the next AAIP intakes in 2024?

Given the challenges faced in the initial reopening, future applicants need to be thoroughly prepared:

• Ensure Complete Documentation:

All documentation, including the new Employer Declaration and Authorization Form and business licenses (if applicable), must be complete and accurate. Applicants should review the document checklist carefully and ensure they have all required documents well in advance of the application date. Additionally, make sure to review the document checklist shortly before the next intake, in case it gets silently updated again.

• Clear and Upfront Communication with Employers:

Applicants must communicate clearly with their employers about their eligibility, obligations, and the importance of timely and accurate submissions. Employers should be made aware of the new requirements and provided with all necessary information to complete the Employer Declaration and Authorization Form accurately. It is also important that employers prepare the necessary business and tax documents in advance in case the AAIP requests further information.

• Be Prepared for Technical Issues:

Given the technical difficulties and server connectivity issues caused by the large volume of applicants rushing to the portal at the same time, applicants should be prepared to navigate these potential issues. This includes securing a full day off work, being ready to log in as soon as the portal opens, and having backup plans in case of technical problems.

Applicants should stay informed about any updates or changes to the AAIP. This includes regularly checking the AAIP website and social media channels for the latest information.

To sum it up…

The reopening of the Alberta Opportunity Stream has highlighted significant challenges and issues that need to be addressed. For those who did not make it through this round, it’s crucial to stay informed, prepared, and resilient for future opportunities. As immigration lawyers, we continue to advocate for clearer communication and more robust technical systems to ensure a fair and efficient application process for all. The hope is that with better preparation and understanding of the new requirements, future applicants will have a smoother experience and a better chance of success.