Toronto Employment Lawyers Advising on the Ontario Immigrant Nominee Program (OINP)

Moving to a new country can be a daunting change with complicated steps and lots of paperwork. The Ontario Immigrant Nominee Program (OINP) was created to attract immigrants with specific skills and experience required by the province’s economy. Candidates apply through one of the multiple application streams and, if selected, are nominated by the province of Ontario for permanent residence. The program is operated in partnership with Immigration, Refugees and Citizenship Canada, a federal body that makes the final decision for each application. Applicants under the Ontario Immigrant Nominee Program can face substantial delay if they make a mistake in the application process. The experienced immigration lawyers at Sultan Lawyers will provide legal advice, help you gather all required documentation, and support you through your application process.

Ontario Immigrant Nominee Program Categories

There are three categories and multiple subcategories for application under the Ontario Immigrant Nominee Program:

• Employer Job Offer
  • Foreign Worker
  • International Student
  • In-Demand Skills
• Human Capital
  • International Graduate
    • Masters Graduate
    • PhD Graduate
  • Ontario’s Express Entry
    • French-Speaking Skilled Worker
    • Human Capital Priorities
    • Skilled Trades
  • Business Category (Entrepreneur stream)

Employer Job Offer Category

The Employer Job Offer category is for applicants with an offer of full-time, permanent employment in Ontario. Applicants can be eligible whether they are located within or outside Canada. This category includes the following streams:

• Foreign Worker stream: The candidate must have work experience in the same occupation as the job offer.
• International Student stream: The program operates in partnership with Immigration, Refugees and Citizenship Canada, a federal body that makes the final decision for each application. The candidate must have completed a Canadian education within two years of applying.
• In-Demand Skills stream: Only available for a specific set of jobs in areas such as agriculture, construction, trucking, and personal support work.

Human Capital Category

The Human Capital category is for potential workers who have work experience, education, and language skills but do not yet have a job offer. This category includes the following subcategories:

• International Graduates: For international students who have graduated from an eligible Ontario university within two years of their application. This subcategory includes the following streams:
  • Masters Graduate stream
  • PhD Graduate stream

• Express Entry: Must be registered with the federal government’s Express Entry system and receive a notification of interest from Ontario to apply. Express Entry candidates may be qualified under one of three streams:
  • French-Speaking Skilled Workers stream
  • Human Capital Priorities stream
  • Skilled Trades stream

Candidates under the Express Entry category must demonstrate proficiency in English or French (or both, if applying under the French-Speaking Skilled Workers stream). For the French-Speaking Skilled Worker category, you need to demonstrate abilities in both languages. You will also need to demonstrate your ability to support yourself and your dependents and must intend to live in Ontario.

Business Category

The Business Category has only one stream: the Entrepreneur stream. This stream is for people from outside Canada who want to buy an existing business or start a new business in Ontario. This allows one person and one foreign national business partner to be nominated for permanent residence. You will need to demonstrate that you have a viable business plan that will provide material economic benefit to Ontario’s economy or the business’s local economy. There are specific requirements for your experience, finances, and the business itself. You will be required to show your proficiency in either English or French and be actively involved in the management of your business.

Nomination Process Under the Ontario Immigrant Nominee Program

To apply for any of the categories and streams above, applicants must first be nominated by the Ontario provincial government. There are two methods to seek nomination: express entry and expression of interest.

Expression of Interest

All streams under the Employer Job Offer category and the International Graduate streams under the Human Capital category use the Expression of Interest application method. The Business Category also uses a different version of the Expression of Interest process.

This system requires that you first register an expression of interest with the province, which advises that you meet the criteria of one of the program’s streams. If successful, the province issues an invitation to apply. Once you receive the invitation, you have 14 calendar days to apply for nomination. If your application is successful and you are nominated for permanent residency, you will receive an approval letter. Six months after receiving the approval letter, you must apply for permanent residency with Immigration, Refugees and Citizenship Canada.

Expressions of interest are only valid for up to 12 months, after which time you will be required to reapply with a new one. It is important to note that if your expression of interest is inaccurate, incorrect, or misleading, your application may be rejected. There may also be additional penalties.

Nomination by Express Entry

The Express Entry nomination process only applies to the French-Speaking Skilled Worker, Human Capital Priorities and Skilled Trade streams (under the Human Capital category).

This process begins by creating a profile in the federal government’s system with Immigration, Refugees and Citizenship Canada. This requires a language test, educational credential assessment, and National Occupational Classification code for past work.

Once a profile is created with the federal government, the province identifies desired candidates and sends each a Notification of Interest. Once you receive a Notification of Interest, you have 45 calendar days to apply for nomination. Upon receiving nomination from the province, you must accept the nomination within 30 days and apply for permanent residency 60 days after your acceptance.

Contact the Workplace Immigration Lawyers at Sultan Lawyers for Guidance Through the Ontario Immigrant Nominee Program

Having qualified legal representation can avoid delays and errors in your immigration process. At Sultan Lawyers, our immigration lawyers can help you navigate the complicated requirements of the Ontario Immigrant Nominee Program. Contact us online or at 416-214-5111.