Ontario’s Immigrant Nominee Program
Sergio R Karas[1]
Karas Immigration Law Professional Corporation, Toronto, Ontario
Reeva Goel[2]
Karas Immigration Law Professional Corporation, Toronto, Ontario
In 2009 Immigration, Refugees and Citizenship Canada (IRCC) launched the Provincial Nominee Program (PNP), enabling provinces and territories to support foreign nationals who express an interest in settling in Canada permanently. Since its establishment more than 50,000 nominees have been admitted, making the PNP the second-largest economic immigration programme in Canada. Each province has jurisdiction to govern the PNP and establish their own criteria for provincial nomination. Ontario’s Immigrant Nominee Program (OINP) began with only 1,000 newcomers being nominated, increasing to just over 8,000 as of 2021.
Programme overview
The Ontario Minister of Citizenship and Immigration has authority to make regulations under section 36(1) of the Ontario Immigration Act (the ‘Act’). [3] There are two regulations that have been made for the OINP: (1) Ontario Regulation 422/17 (‘O Reg 422/17’); and (2) Ontario Regulation 421/17 (‘O Reg 421/17’).
O Reg 422/17 provides a general overview of the OINP, outlining the eligibility requirements and administrative penalties, whereas O Reg 421/17 provides for the types of approvals made under the OINP as prescribed by subsection 12(2) of the Act.
Foreign workers, international students and others with experience, skills and education may apply to be nominated for permanent residence by Ontario, and the Canadian government makes the final decision as to who is selected.
This article discusses the three categories to qualify for nomination: (1) Employer Job Offer; (2) Human Capital; and (3) Business.
The OINP aims to attract those wishing to live in Ontario as a permanent resident with the right skillset, education and work experience to contribute to the economy. Misrepresentation or non-authentication of material submitted will result in a rejection of the application[4] under section 40(1) of the Immigration and Refugee Protection Act.[5]
Figure 1: Pathways for nomination in Ontario’s Immigrant Nominee Program
Employer Job Offer
This category nominates workers who already have a permanent job offer in Ontario. It has three streams operating under an Expression of Interest system: (1) Foreign Worker; (2) International Student; and (3) In-Demand Skills.
The Expression of Interest system must be registered through the OINP e-filing portal, which notifies the OINP that applicants wish to apply.[6]
Foreign Worker
The Foreign Worker stream applies to workers in and outside of Canada with a job offer in a skilled occupation listed by the National Occupational Classification (NOC), which provides a systemic classification of the work performed.[7]
After the applicant registers under the Expression of Interest system, they must fulfil the following job requirements to qualify:[8]
- a job offer that is for a full-time, permanent position with a minimum of 30 contracted hours a week;
- in an eligible occupation as classified in the NOC;
- the salary for the job offered must meet or be higher than the median wage level in the region of Ontario where the applicant will be working; and
- the position is of necessity to the employer’s business.[9]
Applicants also have requirements to fulfil under section 5 of O Reg 422/17. These include:
- having received an invitation to apply and that there is an expression of interest;
- having the required work experience or holding a licence if necessary for the field of work;
- if a licence is necessary, it must be valid;
- having an intention to live in Ontario after permanent residence is granted; and
- possessing a visitor, study or work permit at the time of application.
In addition to fulfilling the job and applicant requirements, employers will also be assessed to determine if the applicant qualifies under this stream.[10] Employers must:
- have been an active business for at least three years;
- have premises in Ontario where the employee will work;
- have no outstanding orders made under the Ontario Employment Standards Act[11] or the Occupational Health and Safety Act;[12] and
- demonstrate efforts to recruit a Canadian or permanent resident prior to offering the position to the applicant.
Employers must have a minimum of C$1m gross annual revenue if the work is being conducted in the Greater Toronto Area (GTA) and a minimum of C$500,000 for work conducted outside the GTA. If the applicant will be working in the GTA, the business must also have at least five full-time Canadian or permanent resident workers, and if the applicant will be working at a location outside the GTA, the business must employ at least three full-time Canadians or permanent residents. Points will be awarded to the applicant based on the above factors.
International Student
This stream provides international students in and outside of Canada with an expression of interest and a job offer in a skilled occupation to apply for permanent residence. The process under this stream is similar to the Foreign Worker stream, with minor exceptions and additions.
The job offer requirement under the International Student stream allows low wage levels for the occupation of the applicant.[13] The applicant under the International Student stream is subject to additional education requirements by showing that they have received a degree or diploma from an eligible Canadian institution that requires at least two years to complete full-time, or showing a diploma that requires at least one year to complete full-time if a completed degree is an admission requirement.[14] The application must be submitted within two years of meeting all the requirements noted above. The employer requirements under this stream are the same as those listed under the Foreign Worker stream.
In-Demand Skills
This stream applies to foreign workers with job offers in industries classed as requiring in-demand skills. Examples of these in-demand skills include working in industries such as agriculture, construction, trucking and personal support work. The job and employer requirements under this stream are the same as those under the Foreign Worker stream. However, applicants are required to demonstrate their language competency and minimum education. Applicants must demonstrate minimum language skills in English or French at Canadian Language Benchmark (CLB) level 4 or above. Applicants must also have a Canadian Secondary School Diploma or its equivalent. To demonstrate its equivalency, an Educational Credential Assessment must be obtained.
Requirements | Foreign Worker | International Student | In-Demand Skills |
Job offer requirements |
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Applicant requirements |
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Employer requirements |
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Scoring factors | Applicable | Applicable | Applicable |
Human Capital
Workers with valuable experience, education, language skills and a profile in the Express Entry system are eligible to apply under this category. Sub-categories under this include: (1) International Graduates; and (2) those under Ontario’s Express Entry.
International Graduates
Applicants with either a Master’s degree or a PhD qualify under this stream if they have an expression of interest registered through the OINP e-filing portal. Section 8 of O Reg 422/17 outlines the requirements for the Master’s graduate stream. Applicants must have completed certain requirements to obtain a Master’s degree from an eligible university in Ontario and must also demonstrate language requirements of CLB level 7 or higher. They must have resided legally in Ontario for at least one year in the past two years before applying and must demonstrate that they have sufficient funds to support themselves by providing bank statements, annual earnings or a job offer. Applicants must demonstrate an intention to live in Ontario after receiving permanent residence and must disclose their legal status at the time of their application. Applications must be submitted within two years of having completed the requirements necessary to obtain the Master’s degree.
PhD graduate applicants must meet the same requirements as those of Master’s graduates, except that they do not need to demonstrate language requirements.[15]
Requirements | Master’s graduates | PhD graduates |
Stream requirements |
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Scoring factors | Applicable | Applicable |
Ontario’s Express Entry
Applicants can apply through Canada’s Express Entry system if they qualify under one of the following streams: (1) French-Speaking Skilled Worker; (2) Human Capital Priority; or (3) Skilled Trades.
French-Speaking Skilled Worker
Applicants wanting to be nominated under the French-Speaking Skilled Worker stream must receive a notification of interest by having a valid profile in the IRCC Express Entry system. This stream applies specifically to workers with language proficiency in French and English. They are first assessed under the Federal Skilled Worker Program (FSWP) or the Canadian Experience Class to demonstrate that they have the required work experience.[16] If assessed through the FSWP, applicants must have a score of at least 67 points.[17] Once the work experience is demonstrated, they must have a Canadian Bachelors, Masters, PhD degree or equivalent, with certain French language proficiency requirements at CLB level 7 or higher, and English language proficiency requirements of level 6 or higher with an intention to live in Ontario. Sufficient settlement funds must be shown.
Human Capital Priority
Workers under the Human Capital Priority stream are subject to the same requirements as those applying for nomination under the French-Speaking Skilled Worker stream.[18] The only difference is that for the Human Capital Priority stream, skilled workers are only required to demonstrate language proficiency skills in English or French at CLB level 5 or higher, instead of showing proficiency in both.
Skilled Trades
Requirements under the Skilled Trades stream are different. This stream is only available to Ontario workers with experience in an eligible trade occupation to apply for permanent residence with at least one year of cumulative paid full-time experience in specific minor and major groups of the NOC.[19] If workers are in a compulsory trade,[20] they must:
- have a valid certificate or licence in Ontario;
- be living in Ontario with an intention to stay once permanent residence is granted; and
- have a valid work permit at the time they apply.
Language proficiency in either English or French at CLB level 5 or higher is required and settlement funds must be shown.
Requirements | French-Speaking Skilled Worker | Human Capital Priority | Skilled Trades |
Stream requirements |
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Scoring factors | Applicable if choosing to be assessed against the FSWP | Applicable if choosing to be assessed against the FSWP | Not applicable |
Business
The applicant must be an entrepreneur from outside of Canada looking to expand their business or start a new business idea. Under this category, an expression of interest must be registered through a two-stage process. Mandatory requirements must be fulfilled before registering the expression of interest. If there is more than one applicant under the same business, each must fulfil these requirements.
To qualify, the applicant’s business should be able to provide for economic growth to Ontario or the local economy. Applicants must demonstrate an active involvement, with two years of full-time business experience in the last five years as a business owner or senior manager. They must have a minimum personal net worth of C$800,000 if their business will be in the GTA, or a minimum of C$400,000 if located outside the GTA. Investments of a minimum of C$600,000 if in the GTA and a minimum of C$200,000 if outside the GTA must be made by applicants from their personal net worth. If applicants are purchasing an existing business, they are subject to additional requirements.
Stage 1
Once the mandatory minimum requirements have been fulfilled, the first stage includes registering an expression of interest, submitting an online application (if invited), attending a mandatory interview and, if the first stage is successful, signing a performance agreement.
General requirements must also be satisfied. There must be a purpose to make a profit from the business and the business must comply with federal, provincial and municipal laws. The business must operate on a permanent basis.
Stage 2
The minimum requirements of stage two include being proficient in English or French at CLB level 4 or higher, being physically present in the province for 75 per cent of the time the applicant is establishing their business, having an active involvement, and meeting the commitments listed in the performance agreement. Once these requirements have been fulfilled, a temporary work permit support letter is issued to the applicant and a nomination can be made for permanent residence.
Requirements | Stage 1 | Stage 2 |
General requirements |
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Mandatory minimum requirements at each stage |
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General business requirements |
| Not applicable |
Conclusion
Ontario has created many avenues for applicants to be nominated for permanent residence under the OINP. For eligibility in the programme, applicants must fulfil all requirements imposed in the stream they are applying for. Without fulfilling these requirements their application will be rejected and they will not qualify for permanent residence.
[1] * Sergio R Karas is principal of Karas Immigration Law Professional Corporation. He is a certified specialist in Canadian citizenship and immigration law by the Law Society of Ontario. He is Past Chair of the Canada Committee of the American Bar Association’s International Law Section and current Co-Chair of the International Ethics Committee. He is Past Chair of the Ontario Bar Association Citizenship and Immigration Section, Past Chair of the International Bar Association Immigration and Nationality Committee, and Editor of the Global Business Immigration Handbook. He can be reached at karas@karas.ca.
[2] Reeva Goel holds an LLB from the University of Kent, UK, and an LLM in Canadian Common Law from Osgoode Hall Law School, York University. She can be reached at goelreeva@gmail.com.
[3] 2015, SO 2015, c 8.
[4] Agapi v Canada (Citizenship and Immigration) 2018 FC 923, 2018 CF 923.
[5] SC 2001, c 27.
[6] Ontario, ‘Ontario’s Express Entry Human Capital Priorities stream’ www.ontario.ca/page/ontario-immigrant-nominee-program-oinp - section-1 accessed 16 April 2022.
[7] Government of Canada ‘About the National Occupational Classification’ https://noc.esdc.gc.ca/Home/AboutTheNoc accessed 16 April 2022.
[8] O Reg 422/17, s 4.
[9] Ontario, ‘OINP Employer Job Offer: Foreign Worker stream’ www.ontario.ca/page/oinp-employer-job-offer-foreign-worker-stream accessed 16 April 2022.
[10] See n 6 above, at s 4.
[11] 2000, SO 2000, c 41.
[12] RSO 1990, c O.1.
[13] See n 6 above, at s 4.
[14] Ibid, at s 6.
[15] Ibid, at s 9.
[16] Ibid, at s 11.
[17] Government of Canada, ‘Six selection factors – Federal Skilled Worker Program (Express Entry)’ www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html accessed 16 April 2022.
[18] See n 6 above, at s 10.
[19] Ibid, at s 12.
[20] See Skilled Trades Ontario at www.skilledtradesontario.ca accessed 16 April 2022.