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Critical Worker (Labour Impact)

The Employer Job Offer: Foreign Worker Stream under the Ontario Immigrant Nominee Program (OINP) allows foreign workers with job offer in a skilled occupation classified under Skill Type 0 or Skill Level A or B of the National Occupational Classification (NOC) to apply for provincial nomination. Foreign workers living in Canada or outside can apply under this stream.

In order to qualify under the stream, the candidate must meet certain requirements, which include:

  • Job offer requirements
  • Applicant requirements
  • Employer requirements

Job offer requirements

The candidate must have a job offer from an Ontario employer which must meet the following criteria:

  • The job offer must be for a full-time and permanent position
  • The job offered must be in a skilled occupation classified under Skill Type 0 or Skill Levels A or B of the National Occupation Classification (NOC).
  • The job offered must have a wage level equal to or higher than the median wage level set for that occupation in that specific region of Ontario. But if the candidate is already working in the position, the wage offered must be equal to or greater than what the employer currently pays to the employee. However, these rules are not applicable if the employer has signed an agreement with a union that determines the wages of the employee.
  • The position offered to the candidate must be necessary to maintain or grow the ongoing business activity of the employer
  • The work location of the candidate must primarily be Ontario.

Requirements for the applicant

The candidate must have two years of full-time or equivalent part-time paid work experience in the same occupation mentioned in the job offer. The work experience must have been acquired within five years before the date of application. If the candidate has Canadian work experience, it must have been obtained while legally residing in Canada.

License or other authorization

Some jobs require the candidates to hold a license or authorization. If this is applicable to the job offered to the candidate, they must make sure that they possess the required licenses and authorization.

Intention to live in Ontario

The candidate must demonstrate their intention to settle in Ontario once they are awarded permanent residence in Canada. The OINP officials assess the intention of the candidate by examining their ties to the province.

These include:

  • Earlier work experience or current employment in Ontario
  • A job offer from an Ontario employer or applying or interviewing for jobs in the province
  • Educational experience in the province
  • Volunteering experience
  • Leasing or owning property in Ontario
  • Visiting the province
  • Having professional networks and affiliations, family ties and personal relationships in Ontario

Legal status

If the candidate is applying from inside Canada, they must be legally residing in the country at the time of application. This can be demonstrated with a visitor record, study permit, or work permit. The candidate also has to maintain the legal status until they receive the nomination.

Employer requirements

Under the Foreign Worker Stream, the Ontario employer who issues the job offer to the candidate must also meet certain requirements. These include:

  • The business must have been active for at least three years before submitting the application.
  • The employer must have business premises in Ontario
  • The business must be operating in compliance with the provincial labour laws, especially those concerned with employment standards, health and safety, and labour relations legislation
  • The employer has to prove that they have made sufficient efforts to recruit a Canadian citizen or a permanent resident before they considered a foreign worker to fill the position
  • The employer must have a minimum of $1,000,000 in total gross annual revenue, if the location of the job offered to the candidate is in Greater Toronto Area. If the work location is outside Greater Toronto Area, the minimum required total gross annual revenue is $500,000.
  • The employer must have at least five full-time employees who are Canadian citizens or permanent residents if the location of the job offered is inside the Greater Toronto Area. If the location is outside Greater Toronto Area, the business must have at least three full-time employees who are Canadian citizens or permanent residents, who work in the same location where the candidate has been offered a job.

Once the candidate submits an application under the stream, they would receive an email confirming the receipt of the application. If the application is successful,they would receive a Nomination Approval Letter and an OINP Certificate of Nomination by email. With the certificate, the candidate can apply to the Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence in Canada within six months.

Provincial Nominee Programs open up vast opportunities for qualified immigrants to start a new life in Canada. Choose the right immigration pathway for you with the help of experienced immigration lawyers and consultants to ensure maximum success for your immigration application. Contact us for more information

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