Provincial Nominations – Immigrating to Ontario through the OINP
While the Federal Skilled Worker (FSW) and Canadian Experience Class (CEC) draws are still on hold through the Express Entry program, many current and prospective Ontarians are looking for alternative ways to obtain their permanent residency (PR) in Canada and settle in Ontario long term. This is of particular interest to those whose current work permits are coming to an end soon and are assessing their options to stay living in the province.
While the FSW and CEC draws have been on hold, the Provincial Nominee Programs (PNPs) have continued accepting applications and are a practical option for those who find themselves waiting for an invitation to apply (ITA) through Express Entry.
What is the Provincial Nominee Program (PNP)?
Canada’s PNP program offers a pathway to PR for applicants who have an interest in settling in a specific province. To gain a nomination from a province, an applicant must intend to live in that province, thereby contributing to the province’s economic growth.
It is important to note that if you move away from your nominating province too soon after obtaining PR, this can be deemed a misrepresentation which could affect your future PR card renewal or Citizenship application, and could even result in your PR status being revoked sooner. To ensure you fulfill your obligation under a provincial nomination, it is therefore advisable that you live in the nominating province for at least 2 years after obtaining PR, which equates to your permanent residence requirement to live in Canada for 730 days out of the 5-year period. Therefore, you should be sure of your ability to commit to a province before proceeding down the PNP route.
Introduction to the Ontario Provincial Nominee Program (OINP)
For those who are interested in making Ontario their home long term, the Ontario Provincial Nominee Program (OINP) has several pathways available through their Expression of Interest, Express Entry, and Entrepreneur streams.
Expression of Interest
The Expression of Interest pathway allows the OINP to select candidates for nomination who are most likely to fulfill Ontario’s current economic needs. It is available to applicants who have a job offer in Ontario, or an eligible post-graduate degree from Ontario.
The OINP uses a scoring system, whereby they use the National Occupational Classification (NOC) system to assign points based on your job offer, Canadian work experience, education, language, and region.They use your information to determine your points and if you have a high enough score, they will invite you to apply for a nomination.
Applying with an Employer Job Offer
The Employer Job Offer pathway includes the following three streams:
For all three streams, applicants must hold a permanent full-time job offer. For both the Foreign Worker and International Student streams, the job offer must be in a skilled occupation at NOC Skill Type 0, A, or B and pay the same or higher than the median wage level for that occupation and region. Whereas for the In-Demand Skills stream, a number of eligible occupations in NOC Skill Level C or D are listed for either anywhere in Ontario, or specifically outside the Greater Toronto Area. These job offers must pay the same or higher than the low wage level for that occupation and region.
For all Employer Job Offer streams, the position must be necessary to the employer’s business by aligning with their existing business activities, the work must be based in Ontario, the applicant must intend to live in Ontario, and, if applying from within Canada, the applicant must have legal status. In addition, different work experience, education, language, and employer requirements exist for the three streams, which will affect eligibility.
Applying with a Masters or PhD degree from Ontario
The post-graduate pathway includes the following two streams, which require applicants to have obtained a Masters or PhD degree from an Ontario University within the two years prior to submitting their OINP application:
In addition to completing the necessary qualification, to qualify for the Master’s or PhD streams, applicants must have legally lived in Ontario for at least one of the two years prior to making their application, must have the required settlement funds, must intend to live and work in Ontario, and, if applying from within Canada, must have legal status. Additionally, for the Masters stream, there is a language requirement to satisfy and applicants cannot be living in another Canadian province or territory at the time of their application.
Express Entry streams
The OINP’s Express Entry program is available to applicants who already have a profile submitted in the Express Entry pool and have certain skills and experiences that Ontario employers currently need. This includes the following streams:
For the Human Capital Priorities and French-speaking skilled Worker streams, it is essential to qualify for either the FSW or CEC programs. In addition, you must hold a Canadian Bachelor’s, Master’s, or PhD degree (or the equivalent from another country), have English or French skills at the Canadian Language Benchmark (CLB) level 7 or higher (French skills are essential for the French-Speaking skilled worker stream), have the required settlement funds, intend to live in Ontario, and, if applying from within Canada, you must have legal status.
If applying under the Skilled Trades stream, you must qualify for the CEC and, if claiming work experience in a compulsory trade, hold a valid certificate or license in Ontario at the time you apply. Under the Skilled Trades stream, you are also required to speak English or French to a CLB level 5 or higher, have the required settlement funds, intend to live in Ontario, and be living in Ontario, and hold a valid work permit at the time of your application.
Entrepreneur stream
The Entrepreneur stream is an option for candidates looking to settle in Ontario to establish or buy a business in the province, which will turn a profit and create jobs for Canadian citizens and permanent residents.
This stream entails a lengthier process than the other streams and is broken down into two stages. At stage one you must register an expression of interest by mail and, if invited, submit an online application and attend a mandatory interview. If successful, you must sign a performance agreement and move on to stage two, whereby you are able to apply for a temporary work permit with the support of the OINP, to implement your business and submit a final report after 20 months. At this stage, the OINP will do a final review of your documents to determine your eligibility for a nomination.
How to Apply
When deciding which pathway to pursue, you should take your time to review the eligibility criteria of each stream and select the one that best suits your situation and for which you meet all mandatory requirements. You can find the full eligibility criteria for each stream by browsing the different streams here.
Once you have identified the stream under which you want to apply and have confirmed your eligibility (with the exception of the Entrepreneur stream, for which more information on the process can be found here), there are three stages to applying for and obtaining PR:
Create a profile
You must first create a profile, which will be ranked according to a points system. For Express Entry, this is done through Immigration, Refugees and Citizenship Canada (IRCC),and for all other streams this is done by registering an expression of interest.
Apply for a nomination
If you receive a notification of interest or an invitation to apply, you will be required to submit an application for a nomination through the OINP e-Filing Portal and pay the application fees which are $1,500 or $2,000, depending on location. You will need to submit your application by the deadline provided, which is 45 days for Express Entry and 14 days for the Expression of Interest streams.
Apply for permanent residence
If your application is successful and you receive a nomination, you can then apply for permanent residence through IRCC, who make the final decision on whether to grant you PR.
If you are applying through an Express Entry stream, the OINP nomination will add 600 extra points to your Comprehensive Ranking System (CRS) score, which will guarantee you an ITA in the next round of invitations. Once you receive your ITA, you will have 60 days to submit your application through the IRCC portal.
If you receive a nomination through the Expression of Interest pathway, you will need to submit an application to IRCC for permanent residence under the Provincial Nomination Class within six months of receiving your nomination.
More information on the OINP
Learn more information about the OINP and can contact OINP with general questions by email or phone.
Pursuing the PR process in Canada is a rewarding but daunting task, which is made even more difficult when going down a provincial nominee route. However, if you qualify for a nomination in Ontario, pursuing an OINP nomination is an excellent option for obtaining PR in Canada and settling in Ontario.
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About the author:
Mark Holthe
Canadian Immigration Lawyer, CEO
