OINP Employer Job Offer – Foreign Worker

The OINP Foreign Worker stream under Ontario’s employer job offer category is an immigration stream open to candidates residing inside and outside Canada who hold an eligible job offer from an Ontario employer.

If successfully nominated under Ontario’s employer job offer category of theOntario Immigrant Nominee Program (OINP), foreign nationals may apply for Canadian permanent residence withImmigration, Refugees and Citizenship Canada (IRCC).

To be issued a nomination certificate under this category, both the employer and the foreign national must demonstrate that they meet the eligibility requirements. The employer must complete an Employer Form, which the candidate submits with the application to the OINP.

OINP Foreign Worker stream requirements

To be eligible for the Foreign Worker stream: Employer Job Offer, an individual must:

• Hold an approved full-time, permanent job offer in a “skilled occupation” classified underNational Occupational Classification (NOC)NOC TEER category/level 0, A or B in Ontario;
  • The job offermust meet the entry-level wage in Ontario for that occupation.
• Have the minimum level of work experience; OR hold a valid licence or authorisation from the relevant regulatory body in Ontario for the same occupation as the one listed in the job offer.
• Intend to reside in Ontario;
• Hold legal status (for example a visitor record,study permitorwork permit) and maintain that status until nominated (if residing in Canada at the time of application).

Work experience requirements

To meet the programme’s work experience requirement, a candidate must:

• Have 2 years of cumulative full-time, paid and verifiable work experience, in Canada or abroad, gained within the five years before the date of application;
  • Note: full time means at least 30 hours of work per week in a single job.
• Have performed job duties corresponding to those listed in the NOC for the occupation set out in the Ontario job offer;
• Demonstrate that they hold a valid licence from the appropriate regulatory body if the work experience claimed is in a regulated occupation requiring authorisation.

Candidates may use periods of self-employment to meet the minimum work experience requirement. The self-employment must have been paid and fall under the same NOC code as the position offered. The OINP requires documents (reference letters, job descriptions, performance reviews and job advertisements) to verify that the work experience falls under the same NOC as the position in the job offer.

Licence/authorisation requirements

To meet the programme’s licensing requirement, a candidate must hold a valid licence or authorisation (from the relevant regulatory body in Ontario) for the same occupation as the one listed in the Ontario job offer. For more information on licences and authorisations in Ontario, visitthe OINP websiteorthe Ontario College of Trades website.

Job offer requirements

The job offer must meet the following requirements:

• The position must meet the description of a “skilled occupation” under NOC TEER category/level 0, A or B;
• The job offered must be a full-time, permanent position (a minimum of 1,560 paid hours over a 12-month period);
• The offer must meet or exceed the median wage for the specific region of Ontario in which the candidate will work;
  • The wage requirement does not apply if the candidate is covered by a collective agreement (a contract between the employer and a trade union) that sets the employee’s wage.
• The offer must not affect the settlement of any labour dispute or the employment of any individual involved in such a dispute;
• The offer must not adversely affect employment or training opportunities for Canadian citizens or permanent residents in Ontario; and
• The position must be necessary to the employer’s operations.

If the job offer is in an occupation that requires a licence or authorisation in Ontario, the candidate must hold the mandatory licence or authorisation at the time of application. Candidates will need proof of the licence or authorisation when applying online. Details of licences and authorisations can be found on the following Ontario websites: the OINP website or the Ontario College of Trades website.

Ineligible job offers

A job offer will be considered ineligible in the following circumstances:

• It is a seasonal or part-time position, regardless of the number of hours worked, or a subcontractor or agency position.
• The offer would affect the settlement of a labour dispute or the employment of an individual involved in such a dispute.
• The offer is made to a candidate who holds or has held (or whose family member holds or has held) an ownership stake in the business, unless the shares were received as part of the candidate’s remuneration as an employee and the total shares held by the candidate and their family members are 10% or less.

Intention to reside in Ontario

All candidates must intend to reside in Ontario. The OINP will require candidates to demonstrate their ties to Ontario, including (but not limited to):

• Current and/or previous employment in Ontario
• Job offers, or jobs applied or interviewed for, in Ontario
• Studies in Ontario
• Volunteer work in Ontario
• A tenancy agreement in Ontario or property ownership
• Professional networks and relationships
• Family relationships
• Social or personal relationships
• Previous visits to Ontario

Employer requirements

To be eligible under this immigration category, an Ontario employer must:

• Have been in business for at least three years;
• Have a business premises in Ontario at which the prospective nominee will work;
• Provide sufficient evidence of recruitment efforts if the prospective nominee is living abroad, visiting Canada, or working in a province or territory other than Ontario;
• Comply with all provincial labour laws, including but not limited to employment standards, health and safety, and labour relations legislation;
• Meet the programme’s revenue requirement and minimum number of full-time employees:
  • Employers located within the Greater Toronto Area (GTA):
    • Must have minimum gross revenue of $1,000,000 CAD for the most recent financial year,
    • Must have at least 5 permanent full-time employees who are Canadian citizens or permanent residents at the location where the candidate will work.
  • Employers located outside the Greater Toronto Area (GTA):
    • Must have minimum gross revenue of $500,000 CAD for the most recent financial year,
    • Must have at least 3 permanent full-time employees who are Canadian citizens or permanent residents at the location where the candidate will work.

Where a candidate may work at more than one location, “reports to work” means the location at which the candidate’s direct supervisor or manager works, or the location of the administrative office from which the candidate will receive work assignments.

Recruitment efforts

The OINP states that an employer may have to provide sufficient evidence of recruitment efforts if the candidate is living abroad, visiting Canada, or working in a province or territory other than Ontario. The OINP does not require an employer to demonstrate reasonable recruitment efforts if:

• The candidate is an individual authorised to work in Ontario;
• The employer holds aLabour Market Impact Assessment (LMIA)that is positive for the exact NOC code and position offered to the candidate.

Employer Form

The employer must give the candidate a completed and signed Employer Form, which the candidate submits together with the original signed and dated job offer. Additional documents may be requested from the employer to confirm the information provided in the Employer Form, which must be submitted by the candidate within six (6) months of the date of signature.

While assessing the application, the OINP may request further documents from the Ontario employer to verify that the programme criteria are met. It is important to consult the Employer Guide and Checklist for Ontario’s employer job offer streams for details of the supporting documents and employer criteria.

The application process

The first step for those wishing to apply under the Foreign Worker stream: Employer Job Offer is to create a profile in the OINP’s expression of interest (EOI) system. This can be done at any time. Once the profile is registered in the system, the candidate enters the selection pool and is scored against a range of criteria used to target the candidates who best meet the province’s labour market needs.

The province conducts draws from the pool, and those selected receive an invitation to apply to the Foreign Worker stream: Employer Job Offer.

The next step for those invited by the province of Ontario to apply for a provincial nomination is to apply online through the OINP’s electronic application portal.

Before applying

Foreign workers wishing to apply to the Foreign Worker stream under Ontario’s employer job offer category must review the job offer and the candidate and employer requirements of the programme carefully to ensure that they are eligible to apply.

Applying

Completing the online application through the OINP’s electronic application portal can take around three hours. Once the registration is complete, the candidate has 14 calendar days to complete and submit the application, failing which the registration expires and is cancelled. Candidates may appoint an authorised representative to complete the application on their behalf. All supporting documents must be scanned and ready to upload.

Candidates are responsible for translating and notarising any supporting document that is not in English or French. It is the candidate’s responsibility to find a translator certified by theAssociation of Translators and Interpreters of Ontario (ATIO)and/or to notarise documents translated by a translator who is not ATIO-certified.

If a candidate in Ontario is unable to find an ATIO-certified translator, the translation must be notarised. A letter explaining the reasons and the efforts made to find a certified translator must be attached to the application.

If applying from outside Ontario, translations must be notarised. If a translation is considered inadequate, the OINP may require the candidate to obtain one from an ATIO-certified translator. Translations produced by the candidate, their representative, or anyone with a personal relationship to the candidate will not be accepted, even where those individuals are themselves certified translators.

After applying

The OINP considers an application incomplete if incorrect supporting documents are provided, or if documents requiring translation are not certified or notarised. The OINP refunds the application fee if an application is deemed incomplete. Candidates must notify the OINP of any change to their personal information (as set out in the programme guidance).

Candidates who believe that an OINP decision contains an error may request an internal review of the application within 30 calendar days of receiving notice of the decision (if resident in Canada), or within 60 calendar days if resident abroad. The request must not include any evidence that was not submitted to the programme before the decision was made, unless that evidence was not reasonably available at the time of application. The OINP’s internal review decision is final.

Nomination

If nominated by the OINP, the candidate receives a Nomination Letter (Nomination Approval Letter), a work permit support letter, and Confirmation of Nomination (the OINP Certificate of Nomination).

The OINP requires nominees to continue meeting the conditions of the nomination, including the intention to reside in Ontario and to work in the approved position. It is important to consult the OINP’s dedicated guidance for details of the obligations that apply if working conditions change. Candidates must notify the OINP of any change to the terms of the job offer, such as the position title, duties, work location, salary and/or hours of work. If the employment is terminated by the candidate or the employer, the OINP must be notified.

Candidates are required to apply for a work permit within 6 months and to begin work in the approved position within 10 months of the nomination date, if they are not already working for the employer.

Although nominations are valid for six months, nominees may request an extension of the Certificate of Nomination, subject to circumstances approved by the OINP.