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Contents
Introduction ..........................................................................................................................................................2 Criteria and Requirements for the Principal Applicant .....................................................................................6 Criteria and Requirements for the Employer .....................................................................................................8 When Not to Apply .............................................................................................................................................10 Application and Assessment Process .............................................................................................................11 Appendix 1 Documents Checklist .................................................................................................................15 Appendix 2 Forms and Supporting Documents ...........................................................................................16 Contact Information ...........................................................................................................................................22
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Introduction
This guide explains how you can apply to the Nova Scotia Nominee Program (NSNP) through the Skilled Worker stream to be nominated for permanent residence. The NSNP is an immigration recruitment and selection program that allows the Government of Nova Scotia to nominate to the Canadian government individuals who can meet the provincial labour market and economic needs and who intend to establish themselves in Nova Scotia. Nominees, along with their spouse and dependents, approved under this program may become permanent residents of Canada following approval by the Canadian government. The NSNP Skilled Worker stream assists employers in hiring workers whose skills are in limited supply in the province. The stream helps employers recruit and/or retain foreign workers with the required skills for positions that they have been unable to fill with a permanent resident or Canadian citizen.
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Job Offer
You must have a full-time, permanent job offer1 from a Nova Scotia employer before submitting an application to the NSNP Skilled Worker stream. Provincial priorities may change as skills shortages are met by permanent residents or Canadian citizens. Generally, the NSNP will not support nominations in occupations where labour market information shows that there are individuals in Nova Scotia with the necessary skills and that there is no indication of a skills shortage. The Nova Scotia Office of Immigration, however, will consider local labour market conditions.
Occupations
The Office of Immigration does not have a specific occupation or skills shortage list. The Office of Immigration uses the National Occupation Classification (NOC) to classify jobs according to duties, formal qualifications and experience specified by the employer. The NOC helps determine whether a job meets the skill levels established for skilled and semi-skilled worker occupations, and whether the candidates qualifications and exper ience match the requirements of the job. The NOC Matrix provides an overview of the entire occupational classification structure based on skill levels and skill types. For more details on NOC skill levels, please visit http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/AboutNOC.aspx. The Office of Immigration differentiates between skilled workers, semi-skilled and low-skilled workers. Skilled workers are defined as individuals with occupation within NOC skill levels O, A or B. Priority will be awarded to these higher skilled occupations. Semi-skilled workers have occupations that fall under the NOC skill level C. The Office of Immigration may consider applications based on local labour market requirement and conditions, and six (6) months of work with the Nova Scotia employer supporting the application. Low-skilled workers have occupations that fall under the NOC skill level D. The Office of Immigration may consider applications from individuals in these occupations only if all other eligibility criteria are met, the principal applicant has worked for at least six (6) months2 with the Nova Scotia employer supporting the application, there are indicators of success in the application, and there is strong employer support such as contribution to the immigration fees, accommodation/housing, language training, career training plans, etc. The Office of Immigration reserves the right to consider only certain types of jobs and occupations for nomination. This decision will depend on the current economic situation of the Nova Scotia labour market needs. For skilled, semi-skilled and low-skilled workers, priority will be given to workers whose employers: - have made a genuine effort to recruit qualified Canadian citizens or permanent residents and - can demonstrate that they will provide additional supports to assist newcomers with their settlement needs.
A permanent job has no pre-determined end date; it is a long-term job offer. Full-time employment means that the employee is expected to work year round and, on average, at least 30 hours a week.
2
In most cases, employers need to obtain a positive Labour Market Opinion (LMO) from Service Canada to hire a temporary foreign worker in Canada. NSNP Skilled Worker Application Guide OCTOBER 2013 Page 3 of 22
4
NOC skill levels C and D (mandatory language testing)
IELTS test results for each ability 4.5 CELPIP test results for each ability 2H TEF test results for each ability 145 121 181 181 2H 2H 2H 3.5 4 4
5
NOC skill levels 0, A & B (non-mandatory language testing)
IELTS test results for each ability 5 CELPIP test results for each ability 3L TEF test results for each ability 180 150 225 225 3L 3L 3L 4 5 5
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Fees
There is no provincial application fee under the Nova Scotia Nominee Program (NSNP). You must, however, pay all the required Government of Canada immigration fees when you submit your file to Citizenship and Immigration Canada (CIC).
Disclaimer
There is no deadline for applying to the NSNP. However, program criteria may change without notice and your application will be assessed according to the criteria in place at the time we receive your complete application. If application criteria and forms have been updated since the publication of this guide, you will find the most current information on our website at www.novascotiaimmigration.ca.
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Eligibility Requirements
If you are living in Canada, you must provide proof of your legal status as a temporary worker or visitor. If you apply from outside Canada, you must provide proof that you have legal status in your country of residence. You are between the ages of 21 and 55 at the time the Office of Immigration receives your application. Full time, permanent job offer from an established employer in Nova Scotia, preferably for a NOC Level O, A or B occupation. The job, located in Nova Scotia, must: have compensation in the form of salary and benefits package that meets Provincial employment standards and prevailing wage rates (see http://www.workingincanada.gc.ca/search_occupation-eng.do), be a position which has a shortage of qualified permanent residents or Canadian citizens to fill the position, and not contravene existing bargaining unit agreements or any employment disputes.
The NSNP will consider selected jobs defined as NOC Level C and D based on local labour market requirements and conditions, and 6 months of work with the Nova Scotia employer supporting the application. Education & training You have completed the equivalent of a Canadian high school diploma with a minimum of 12 years of education and/or training from a recognized institution or authority. You have the appropriate education, training and qualifications, as well as licensing or accreditation required for the position, or a suitable plan to obtain the necessary accreditation. For occupations requiring licensing or certification in Nova Scotia, please contact the appropriate provincial, national and/or industry regulatory association prior to applying to verify that you meet licensing or certification requirements.4
A permanent job has no pre-determined end date; it is a long-term job offer. Full-time employment means that the employee is expected to work year round and, on average, at least 30 hours a week.
3
For information on regulated and non-regulated occupations in Nova Scotia and Canada, contact the Canadian Information Centre for International Credentials at www.cicic.ca
4
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Language ability
NOC Skill Levels O, A and B If your first language is not English or French, your written proof or explanation must clearly show that you meet the criteria listed in the Canadian Language Benchmarks (CLB) or Niveaux de comptence linguistique canadiens (NCLC) for at least CLB/NCLC level 5. Your abilities are verified by one or more of the following: Educational transcripts or other documentation indicating English or French as the principal language of instruction or communication. Employment history and references with English or French as the principal language of communication. Internationally recognised test results to prove a CLB/NCLC level 5: International English Language Testing System (IELTS), General Training; Canadian English Language Proficiency Index Program (CELPIP); or Test dvaluation de franais (TEF), General Training.
See above section Language Standards and Mandatory Testing for more information.
Work experience
You have sufficient work experience of 12 months related to the position and skills for the job. The evidence of work experience or transferable skills will be verified by certified education and work experience via your rsum or curriculum vitae (CV) and supporting employment documents.
You can demonstrate, to the satisfaction of the Province, your genuine intention and ability to live in Nova Scotia. Positive indicators may include employment, residence, visits, study, family connections, community support, and business activities. You can demonstrate that you have sufficient settlement supports and financial resources, including transferable funds in your name or your spouses name, in order to pay your immigration costs and travel expenses (if applicable) and to successfully establish yourself and your family in Nova Scotia. Federal guidelines generally recommend that immigrants arrive with a minimum of $11,000, plus $2,000 for each dependent. This recommended amount is reduced in the case of a principal applicant who is already living in Nova Scotia or has arranged employment. In all cases, proof of some financial resources in your own name is required. The Office of Immigration may not approve an application if it appears likely that your family income (based on your job offer and any spousal income) will be below Statistics Canadas applicable Low-Income Cut-Off at Table 3.
http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp#5196E9
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Eligibility Requirements
The business must have a permanent establishment in Nova Scotia.5 The Office of Immigration accepts applications from workers with employers in the public sector and not-for-profit organizations with a permanent establishment in Nova Scotia. A not-for-profit organization must be registered under the Societies Act and demonstrate financial ability and stability to support the position on a long-term basis.
The employers business must have been in operation in Nova Scotia, under current management, for at least two years. The employer must make a full time, permanent job offer6 for a job preferably for a NOC Level O, A or B. The job, located in Nova Scotia, must: have compensation in the form of salary and benefits package that meets Provincial employment standards and prevailing wage rates (see http://www.workingincanada.gc.ca/search_occupation-eng.do), be a position which has a shortage of qualified permanent residents or Canadian citizens to fill the position, not contravene any existing bargaining unit agreements, labour agreements/standards or involved in any employment disputes.
The NSNP will consider selected jobs defined as NOC Level C based on local labour market requirements and conditions, and six (6) months of work with the Nova Scotia employer supporting the application. Consideration for occupation NOC Level D is based on the criteria listed on page 3 under the section Occupations. Recruitment efforts The employer needs to satisfactorily demonstrate recruitment efforts to fill the position with a Canadian citizen or permanent resident. Current job advertisement, Service Canada job bank posting(s), current Labour Market Opinion (LMO), and industry reports on labour shortages can serve as proof.
5 6
Permanent establishment has the meaning contained in the Income Tax Act, Canada.
A permanent job has no pre-determined end date; it is a long-term job offer. Full-time employment means that the employee is expected to work year round and, on average, at least 30 hours a week. NSNP Skilled Worker Application Guide OCTOBER 2013 Page 8 of 22
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3. Submit the complete application to the Nova Scotia Office of Immigration a. Combine the required documents for the principal applicant into a complete application package: Original NSNP 100 Application Form for the Principal Applicant Original NSNP 200 Employer Information Photocopies of all applicable Citizenship and Immigration Canada (CIC) forms Photocopies of all applicable supporting documents If applicable, original NSNP 50 Use of a Representative If applicable, original NSNP 60 - Authority to Release Personal Information to a Designated Individual If you are using a paid immigration representative to conduct business on your behalf with the Province of Nova Scotia, that individual must be either: an immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC); or a lawyer or paralegal who is a member in good standing of a Canadian Law Society or a student-at-law under the supervision of a recognized lawyer; or a notary public who is a member in good standing of the Chambre des notaires du Qubec or a student-at-law under their supervision. WARNING: Payment to an individual who is not regulated as above offers no legal opportunity for complaint and is strongly discouraged by this office. The Office of Immigration will not deal with nonauthorized representatives. b. Review and organize your completed forms and supporting documents according to Appendix 1 Documents Checklist. It is your responsibility to submit all requested documents. If documents are missing, not translated by a certified translator, or are not clear, your application may not be assessed. When preparing your application package DO NOT: send double-sided copies, bind your application or put the pages in a ring binder, enclose individual pages in plastic, envelopes or folders, tie, sew, bolt, or glue the pages together, use multiple staples on a page, or send multiple copies of identical documents. c. PHOTOCOPY all your completed forms and supporting documents and keep these copies for your records. d. Mail or drop off your complete application package to the Nova Scotia Office of Immigration. The address can be found at the end of this application guide. 4. The application is assessed by the Nova Scotia Office of Immigration A. Eligibility and completion check The Office of Immigration will review your application to ensure that it is complete and meets eligibility criteria before it is accepted for assessment. If your application is not complete or if you do not meet basic eligibility requirements, your application will be returned.
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B. Assessment The Office of Immigration will conduct a full review and evaluation of the complete application. The Office of Immigration reserves the right to request an interview with the applicant and/or to contact the employer to gather additional information or to clarify information provided. C. Decision The Office of Immigration will communicate the decision in writing to the applicant or their representative. If nominated by the Province of Nova Scotia: the applicant will receive a letter from the Office of Immigration to confirm that a Nomination has been issued; and the Proof of Nomination will be sent directly to Citizenship and Immigration Canada by the Office of Immigration. Please note: the Proof of Nomination expires 6 months after the date of issuance. D. Refusal If the application is being considered for refusal, the applicant or their representative will receive an initial letter of Intent for Refusal from the Office of Immigration. The Intent for Refusal letter gives the opportunity to provide additional information to be considered in the recommendation. The applicant has 30 days to submit additional information. After 30 days the file will be re-assessed, including any new information submitted, and a final decision made. This decision is sent in writing. There is no appeal process. Nomination is at the sole discretion of the Office of Immigration. The Nova Scotia Nominee Program is only one means of applying for permanent resident status in Canada. Applicants are encouraged to explore alternatives at the Citizenship and Immigration Canada website (http://www.cic.gc.ca/). 5. Temporary work permit for provincial nominees If you are not applying for a temporary work permit, please proceed to no 6. If nominated by the Province of Nova Scotia, it is possible to request a letter from the Office of Immigration to support the application of a temporary work permit or the renewal of an existing work permit. This letter of support replaces the labour market opinion (LMO) from Service Canada in applying for the new work permit. This request should not be submitted until within three (3) months of the expiry of the current work permit, if applicable. Also, Citizenship and Immigration Canada cannot authorize status documents (e.g. work permit) if the individuals passport will not be valid during the requested timeframe. The work permit will enable the applicant to continue working in Nova Scotia while the application for a permanent resident visa is being processed at the Canadian visa office. Please contact the Office of Immigration. 6. If nominated, the applicant applies for a permanent resident visa If nominated by the Province of Nova Scotia, then you, the applicant, are responsible for submitting a complete application for a permanent resident visa to the Centralized Intake Office as indicated in the Office of Immigrations Letter of Nomination, within 6 (six) months.
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To find out how to apply, please review the Citizenship and Immigration Canada website www.cic.gc.ca/english/immigrate/provincial/index.asp A nomination by the Province of Nova Scotia does not guarantee that a permanent resident visa will be issued. Citizenship and Immigration Canada makes the final decision for the granting of permanent resident visas after ensuring that all legislative requirements are met, including medical, criminality and security checks. The Office of Immigration may withdraw your nomination at any time prior to the issuance of the permanent resident visa and prior to landing in Canada if: You no longer meet minimum eligibility requirements of the NSNP such as changes in your employment; The Office of Immigration is advised by the Canadian visa office that any information provided in your application for permanent residency is false or fraudulent; or Citizenship and Immigration Canada finds that you or a dependent is inadmissible as a result of medical, criminality, security checks or valid passport. 7. Issuance of permanent resident visa If approved by the visa office, you, your spouse and dependents will be issued a Confirmation of Permanent Residence. You must contact the Nova Scotia Office of Immigration within 30 days of your arrival. You must provide the Office of Immigration with a copy of the Confirmation of Permanent Residence, as well as a current Nova Scotia address and contact information such as phone number(s) and email address.
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Citizenship and Immigration Canada forms provide COPIES ONLY Forms and application guide(s) are available at www.cic.gc.ca/english/immigrate/provincial/apply-application.asp Generic Application Form for Canada [IMM 0008] Additional Dependants/Declaration [IMM 0008DEP] Schedule A Background/Declaration [IMM 5669] For the principal applicant For the principal applicant, if more than five (5) dependents For the principal applicant, spouse and dependent children aged 18 or older, whether they are accompanying or not For the principal applicant For the principal applicant and dependents aged 18 or older who complete the Schedule A [IMM 5669] For the principal applicant For the principal applicant and dependents aged 18 or older For the principal applicant and dependents aged 18 or older For the non-accompanying parent/guardian, former spouse or former common-law partner and witnessed by a notary public For the principal applicant and spouse (only if the latter is a co-signer on the application), and signed by a commissioner of oaths
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Schedule 4 Economic Classes Provincial Nominees [IMM 0008 Schedule 4] Additional Family Information [IMM 5406] Supplementary Information Your Travels [IMM 5562] Authority to Release Personal Information to a Designated Individual (if applicable) [IMM 5475] Use of a Representative (if applicable) [IMM 5476] Separation Declaration for Minors Travelling to Canada (if applicable) [IMM 5604] Statutory Declaration of Common-law Union (if applicable) [IMM 5409]
Supporting Documents provide COPIES ONLY Valid passports and travel documents Proof of legal status in your country of residence if other than your country of nationality (e.g. work permit) Birth certificates identifying both parents Marriage certificate (if applicable) Divorce and/or annulment certificate (if applicable) Custody maintenance documents and permission for the child to come to Canada (if applicable) to accompany form IMM 5604 Declaration from nonaccompanying parent/guardian for minors travelling to Canada Adoption papers (if applicable) Death certificate for former spouse (if applicable) Correspondence on previous immigration applications to Canada (if applicable) Education certifications received (e.g. degrees, diplomas or certificates) Proof of full time study (if applicable) Proof of English or French language ability Supporting employment history and documents Certification with licensing bodies, regulatory agencies (if applicable) Resume / Curriculum Vitae Financial information proof of settlement supports and transferable funds (e.g. bank statements, property ownership and appraisals, investments portfolio, etc.) Police certificates (if applicable) For the principal applicant and dependents For the principal applicant and dependents For the principal applicant and dependents For the principal applicant and spouse For the principal applicant and spouse For the principal applicant and spouse
For the principal applicant and spouse For the principal applicant and spouse For the principal applicant and dependents For the principal applicant and dependents aged 22 or older For dependent children aged 22 or older For the principal applicant (see criteria section) For the principal applicant For the principal applicant For the principal applicant For the principal applicant and dependents
For the principal applicant and dependents over the aged 18 or older, only if they have been convicted (found guilty) of an offence
Supporting Documents Related to the Employment provide COPIES ONLY Employment Offer Job Description Recruitment Activities For the principal applicant For the principal applicant For the employer
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This form must be completed by the principal applicant. You can download and fill out the application form on a computer. You also have the option of saving your form and completing it later. No1 Program under which you are applying. From the list, select Economic. No2 Select Provincial nominee. No3 Write the total number of family members included in your application. This includes yourself and any family members, regardless of whether or not they intend to accompany you to Canada. Family members are spouse or partner, and dependent children. To add a new dependent to the application, click the Add Dependant button.
Once the application is completed, click on the Validate button. Print all pages, sign and date. Detailed instructions: http://www.cic.gc.ca/english/pdf/kits/guides/EP7.pdf Additional Dependants / Declaration [IMM 0008DEP] This form must be completed by the principal applicant if you have more than five (5) family members (see above for definition). All questions in this form are about the dependents. You can download and fill out the application form on a computer. You also have the option of saving your form and completing it later. This form must be completed by the principal applicant and, if applicable, your spouse, common-law or conjugal partner, and all dependent children aged 18 years or older listed on the Generic Application Form for Canada whether they are accompanying or not. No6 If you answered Yes to one or more of the questions, you must write an explanation of what happened in the space provided. This form must be completed by the principal applicant. You must indicate NOVA SCOTIA in the box asking Which provincial government has nominated you? You are applying under the Skilled Worker Stream. This form must be completed by the principal applicant and, if applicable, his or her spouse, common-law or conjugal partner; and all accompanying dependent children aged 18 years or older listed in the Generic Application Form for Canada. It is very important that you list all children (even if they are already permanent residents or Canadian citizens) that you or your spouse have who are or are not included in your Generic Application Form for Canada. Statutory Declaration of CommonLaw Union (if applicable) [IMM 5409] This form must be completed and signed by the applicant and commonlaw partner, only if the latter is a co-signer on the application. Use this form to demonstrate and indicate your common-law relationship and make a solemn declaration before a commissioner of oath.
Schedule 4 Economic Classes Provincial Nominees [IMM 0008 Schedule 4] Additional Family Information [IMM 5406]
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Separation Declaration for Minors Travelling to Canada (if applicable) [IMM 5604] Supplementary Information: Your Travels [IMM 5562]
This form must be filled out by the non-accompanying parent/guardian, former spouse or former common-law partner and witnessed by a notary public. A copy of this form must be completed for each child travelling to Canada. This form must be completed by the principal applicant whether or not you have travelled outside your country of origin or of residence. List all trips you, and if applicable, your family members have taken outside your country of origin or of residence in the last ten years (or since your 18th birthday if this was less than ten years ago). Include all trips: tourism, business, training, etc. If you or your family member did not travel outside of your country during this period, check "did not travel". Optional. Use this form if you wish to have your application information sent to a designated individual other than yourself or your representative. The individual you designate will be able to obtain information on your case file, such as the status of your application. However, he or she will not be a representative who can conduct business on your behalf with Citizenship and Immigration Canada. This form must be completed by the principal applicant and by all accompanying family members aged 18 or older listed in the Generic Application Form for Canada. Optional. Use this form if you wish to designate an authorized representative who has your permission to conduct business on your behalf with the Canadian visa office. When you appoint a representative, you also authorize the Canadian visa office to share information from your case to this person. This form must be completed by the principal applicant and by all accompanying family members aged 18 or older listed in the Generic Application Form for Canada.
Previous temporary residence permits, if applicable and available. Correspondence from previous attempts to immigrate to Canada through provincial or federal immigration categories. Please include correspondence received from the provincial or Canadian government associated with each previous application. Identity and Civil Status Documents One passport-sized colour photograph for each family member. Birth certificates for the principal applicant, spouse, common-law or conjugal partner. If applicable: Marriage certificates. Final divorce, annulment or separation documents for you and your spouse. Death certificate for a former spouse (for you or your current spouse). Police certificates, if the applicant or any dependent family member aged 18 or older has committed an offence, has been charged or been convicted of a crime. Please provide a copy of the police report from the country or countries where the offence(s) occurred. In addition to the police certificate, submit any proof of rehabilitation or pardon. Childrens Information Birth certificates indicating both parents. If applicable: Adoption papers. Custody and maintenance documents for children under age 19 (018) and o if accompanying, proof that the children may accompany the principal applicant to Canada; o if not accompanying, proof that you have fulfilled any obligation stated in custody agreements. Proof of full-time study for dependent children age 22 years or more. Including: o a letter from each educational institution indicating that the dependent child attended and the time period of attendance, and o copy of all certificates and diplomas received. Education and Training You must provide a copy of any certification and training obtained by the principal applicant and spouse, common-law or conjugal partner and dependents aged 22 or older. NOC Skill Levels 0, A and B You must demonstrate that you have sufficient English or French language ability to be employable and functional in Nova Scotia based on documentation of language ability which may include: o Mother tongue, or o Educational transcripts/diplomas or employment references indicating English or French as the principal language of
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Language Ability
NOC Skill Levels C and D You must submit internationally recognized test results (IELTS, CELPIP, TEF) See section Language Standards and Mandatory Testing for more information. Supporting Employment History and Documents Letters of employment to support your employment history and work experience. Resume or curriculum vitae. If applicable, proof of certification for principal applicant with a licensing or regulatory association or organization or any permits required to hold an occupation abroad or in Canada. Financial Information For the principal applicant or spouse, common-law or conjugal partner, and all accompanying dependents. You may provide one or a combination of the following: Letter from financial institutions indicating the balance and transactional history for the last three months. Financial institutions statements demonstrating access to transferable, liquid funds and assets. Investments portfolio. Proof of property ownership and appraisal. Mortgage and other loans. Do NOT include personal items such as jewelry, furniture and vehicles.
Recruitment Activities
Proof that the employer has tried to recruit for this position. Provide supporting materials such as previous advertising in the local media and/or on the internet, or correspondence identifying shortages or industry surveys or reports. If the Employer has previously received a labour market opinion (LMO) confirmation from HRSDC - Service Canada for this position, please attach a copy. Where there is already a positive LMO, no recruitment documentation is required.
Contact Information
Nova Scotia Office of Immigration 1741 Brunswick Street, Suite 110A PO Box 1535 Halifax, Nova Scotia CANADA B3J 2Y3 Tel: (902) 424-5230 | Fax: (902) 424-7936 | nsnp@gov.ns.ca www.novascotiaimmigration.ca Find Nova Scotia Immigration on the following social media websites:
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