OINP Employer Job Offer – International Student

The OINP International Student Stream, under Ontario’s employer job offer category, offers international students with a job offer in an eligible skilled occupation in Ontario a route to permanent residence.

ThisOntario Immigrant Nominee Program (OINP)stream is open to international students — residing inside or outside Canada — who hold a job offer in a “skilled occupation” classified as Type/Level 0, A or B under Canada’sNational Occupational Classification (NOC).

In addition to the job offer, international students must ensure that they, their employer and the job offer meet the programme criteria. The Ontario employer is required to complete an Employer Form, which the international student must submit when registering.

If the application is approved and an Ontario provincial nomination is issued under this stream, nominees may apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit and Canadian permanent residence status.

OINP International Student stream requirements

To be considered eligible under the International Student Stream: Employer Job Offer, a candidate must:

• Have graduated from, or met the requirements of, a full-time degree or diploma programme at an eligible Canadian college or university lasting at least two years to complete (on a full-time basis), OR a degree, diploma or certificate lasting at least one year to complete (on a full-time basis) and requiring a completed degree as a condition of admission;
  • Full-time study means at least 15 hours of study a week during the academic year, including on-the-job training that forms part of the programme of study.
    • Note:Part-time programmes equivalent to one year of full-time study may also be eligible.
• Apply within two years of completing the programme of study at an eligible Canadian college or university;
  • Note:International students applying under this stream may submit an official letter from the academic institution stating when the degree, diploma or certificate will be issued. The candidate must, however, have met all requirements of the degree, diploma or certificate at the time of application.
• Have completed more than half of the programme of study while living and studying lawfully in Canada;
• Hold a full-time, indeterminate job offer in a skilled occupation (NOC 0, A or B) in Ontario;
  • The job offer must meet the entry-level wage in Ontario for that occupation.
• Hold the licence or authorisation required for the job at the time of application;
  • For further details on licences and authorisations in Ontario, visitthe OINP websiteorthe Ontario College of Trades website.
• Demonstrate an intention to reside in Ontario. Candidates are asked to demonstrate ties to Ontario;
• Hold and maintain legal status (a visitor record, study permit or work permit) in Ontario throughout the application period, if residing in Canada;
  • The OINP accepts applications from prospective candidates who are onmaintained statusat the time of application.

Ties to Ontario

Prospective candidates can demonstrate their ties to Ontario through:

• 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 qualify under the International Student Stream:

• The employer’s business must have been actively operating in Ontario for at least three (3) years before the application.
• The employer must meet the minimum revenue threshold for the most recent financial year (the year used for tax or accounting purposes).
• The employer must employ a minimum number of full-time employees who are Canadian permanent residents or citizens.
• The employer must have no outstanding orders against it under theOntario Employment Standards Act, 2000 or the Occupational Health and Safety Act.

Employer Form

Candidates are required to submit the completed and signed Employer Form together with the original signed and dated job offer with the application. Further documentation may be requested from the employer to confirm the information given in the Employer Form, which the candidate must submit 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.

Revenue requirement

If the candidate will work, or report for work, at a location within the Greater Toronto Area (the City of Toronto, Durham, Halton, York and Peel), the employer must demonstrate:

• Minimum annual gross revenue of CAD 1,000,000
• At least 5 full-time employees who are Canadian citizens or permanent residents and who worked at the location where the candidate will work, or will report for work, throughout the most recent financial year

If the candidate will work, or report for work, at a location outside the Greater Toronto Area, the employer must demonstrate:

• Minimum annual gross revenue of CAD 500,000
• At least 3 full-time employees who are Canadian citizens or permanent residents and who worked at the location where the candidate will work, or report for work, throughout the most recent financial year

Where a candidate may work at several locations, “report for 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.

Job offer requirements

The job offer must:

• Be full-time, indeterminate work in a position classified as a NOC 0, A or B occupation; and
  • Full-time means the job must comprise a minimum of 1,560 hours a year and a minimum of 30 paid hours of work a week.
• Meet or exceed the low wage for the occupation in the region of Ontario where the candidate will be employed. If the candidate is already working, the wage offered must meet the low wage and be equal to or higher than their current wage.
  • 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.
• Be consistent with the employer’s existing business activities.

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.

The application process

The first step for those wishing to apply under the International Student Stream: Employer Job Offer is to create a profile in the OINP expression of interest (EOI) system. This may 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.

The province conducts draws from the pool, and those selected receive an invitation to apply to the International Student 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

International students must apply to the OINP within two years of completing the requirements for their Canadian academic qualification. The OINP recommends that prospective candidates and their current/future employers review all programme criteria before applying.

Applying

Completing the online application through the OINP e-Filing Portal can take around three hours. Once registration is complete, the candidate has 14 calendar days to complete and submit the application; otherwise the registration expires and is cancelled. Candidates may complete the application themselves or appoint an authorised representative to do so 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 application fee is refunded if an application is deemed incomplete. The OINP must be notified of any change to the candidate’s personal information, as set out in the programme guidance.

If a candidate believes the OINP’s decision contains an error, they may request an internal review of the application within 30 calendar days of receiving notice of the decision (if residing in Canada), or within 60 calendar days if residing 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 to demonstrate, on reasonable grounds, an intention to reside in Ontario.

While the permanent residence application is being processed, the candidate may apply to IRCC for a work permit using the work permit support letter issued by the OINP together with the nomination. The OINP work permit support letter is valid for six (6) months, with the possibility of an extension on request. 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.

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.

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