Ontario Provincial Nominee Program

At the same time, the PNP helps employers hire the skilled workers they need in order to succeed in the global competition for talent, and expedites the immigration of qualified investors. Launched on February 20, 2009, Opportunities Ontario will target 1,000 nominations in 2009.

Investors

The investment component of this PNP helps companies making an investment in Ontario to recruit or relocate key employees to ensure the long-term success of the investment.

Endorsed and approved investments will receive nominee application packages for key positions for individuals recruited or relocated by companies making the investment in Ontario. These prospective nominees will need to meet the same eligibility criteria for foreign workers in the General Category; for example, nominee applicants will need to demonstrate at least two (2) years of work experience in the intended occupation or proper registration in Ontario if they intend to work in a regulated occupation.

There is a non-refundable fee of C$3,500 paid by the prospective nominee or by the company making the investment.

To qualify, investments must be of significant importance to Ontario and create jobs. New investments and expansions to current operations are eligible. Guidelines:

• The investment must receive an official endorsement from another Ontario ministry at the Deputy Minister level for the investment and the number of key positions requested.
  

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• The investment is at least C$3,000,000.
  

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• The investment must create at least five permanent full-time jobs for Canadian citizens or permanent residents in Ontario.
  

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• The investment has to also comply with Immigration and Refugee Protection Regulations (IRPR).
  

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Investment Nominee Positions (for Individual Investors) must also meet these requirements:

• Be necessary for the long-term success of the investment.
  

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• Be in a skilled occupation (NOC 0, A, or B).
  

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• Be permanent, full-time positions.
  

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• Meet prevailing wage levels.
  

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• Not affect the settlement of any labour dispute.
  

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Companies can request multiple positions. For the first nominee position request, five (5) net permanent, full-time jobs must be created for Canadian citizens or permanent residents located in Ontario. For each subsequent nominee position request, one permanent, full-time job must be created for a Canadian citizen or permanent resident located in Ontario. The maximum is 25. (“Net” refers to jobs created by the investment in Ontario minus jobs lost in the province, if any.)

The following chart shows the number of nominee positions an investor may request:

Eligibility for Individual Investors

Although the investment component of Opportunities Ontario is geared towards corporate investments in the province, individual investors seeking nomination can also qualify for the program if they:

• Actively are involved, on an ongoing basis, in the management of the business.
  

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• Control, or will control, at least 33.334% of the equity in the business, or make a minimum C$1 million investment in the business
  

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• Not have the option of redeeming the investment after a specified period.
  

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• Invest the capital in the business not for the primary purpose of deriving interest, dividends or capital gains.
  

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There is a non-refundable fee of C$3,500. The fee can be paid by the prospective nominee or by the investor.

Employers

Employers can recruit foreign workers through the General Category and international students through the International Student Category (see below).

Employers first apply for approval of the positions they intend to fill. If the positions are approved, employers then recruit individuals who must apply to Opportunities Ontario for permanent resident status. Companies applying must:

• be in an active business for at least three (3) years (corporations, limited partnerships and sole proprietorships)
  

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• a minimum of C$1,000,000 in gross revenue for the most recent fiscal year (for companies inside the Greater Toronto Area), or at least C$500,000 in gross revenue (companies outside the GTA)
  

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• a minimum of five (5) permanent full-time employees (for companies inside the Greater Toronto Area), or have a minimum of three (3) permanent full-time employees (companies outside the GTA)
  

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• have business premises in Ontario where the prospective nominee will work
  

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Positions must:

• be permanent, full-time positions
  

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• be in a skilled occupation (NOC 0, A or B)
  

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• meet prevailing wage levels (for foreign workers) or entry-level wage levels (for international students)
  

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• not affect the settlement of any labour dispute
  

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• be necessary for the company’s operations
  

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Employers can request multiple positions, specifically one position for every five (5) full-time employees employed, if inside the Greater Toronto Area (GTA), or one for every three (3) full-time employees, if outside the GTA. Inside or outside the GTA, the maximum is 20. (Requests for more positions will be reviewed.) Exceptions: Employers in the Health and Education sectors can request as many positions as they require.

The following chart shows the number of positions a company may apply for depending on its location and size.

Recruiting International Students

Employers who want to recruit an international student must indicate this on the pre-screen application form. Note: there are three key differences between prospective nominees in the International Student Category and those in the General Category:

• The job offer for international students must meet the entry-level wage for the occupation, rather than the prevailing wage required for other applicants.
  

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• The work experience prerequisite is not required for international students.
  

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• The fee for international students and non-GTA General Category nominee applications is C$1,500, rather than the C$2,000 fee for GTA General Category nominee applicants. For employees of Investors, the fee is C$3,500.
  

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Foreign Worker

As a foreign worker, the applicant can apply to be a permanent resident under the General Category. However, Opportunities Ontario is employer-driven which means that the applicant can apply only if:

• The applicant’s prospective employer has first applied for pre-screening of a position. Investors need to have their investment endorsed.
  

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• The position has been approved.
  

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• The applicant’s prospective employer sends the applicant the employer’s approval letter, Joint Verification form signed by the applicant’s prospective employer, and Pre-screen Position form.
  

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Eligibility:

• At least two years of work experience (within the previous five) in the intended occupation, or have appropriate registration in Ontario, if applying for a position in a regulated occupation in Ontario.
  

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• An approved permanent full-time job offer in a skilled occupation (NOC 0, A or B).
  

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• An offered wage which meets the prevailing wage level for the intended occupation.
  

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• Legal status, if the prospective nominee is in Canada.
  

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• The employer’s approval letter, Joint Verification form signed by their prospective employer, and Pre-screen Position form.
  

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The applicant will need to submit these items, as provided by the applicant’s employer:

• Employer Pre-Screen Approved Position Form.
  

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• Joint Verification Form
  

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• Job offer which will indicate the applicant’s prospective occupation title and wage for the full-time, permanent position being offered.
  

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The applicant also provide:

• A copy of his/her birth certificate.
  

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• A copy of all the pages of the applicant’s passport, valid for at least two more years.
  

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• A copy of the applicant’s Work Permit (if applicable), temporary resident visa (if applicable), and/or any other Canadian immigration document or entry stamp the applicant has received.
  

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• The applicant’s resumé.
  

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• Proof of membership and/or registration in regulated occupations if the applicant intend to work in an occupation that requires registration or certification in Ontario.
  

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• Reference letters showing at least two (2) years of experience in the previous five (5) years for the applicant’s intended occupation.
  

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Opportunities Ontario charges a non-refundable processing fee of $2,000 for all General Category applicants who will be working for an employer located in the GTA and $1,500 for all General Category applicants who will be working for an employer located outside the GTA. For employees of investors, the fee is $3,500.

International Students

It’s important to understand that Opportunities Ontario is employer-driven. This means that if the applicant is seeking nomination, the applicant can apply only if:

• The applicant’s prospective employer has first applied for pre-screening of a position.
  

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• The position has been approved.
  

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• The applicant’s prospective employer sends the applicant the employer’s approval letter, Joint Verification form signed by the applicant’s prospective employer, and Pre-screen Position form.
  

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Further eligibility:

• Completed at least half of their studies in Canada, and have graduated or will soon be graduating from an eligible publicly funded Canadian college or university.
  

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• Completed a minimum of a two-year diploma or degree program, while studying on a full-time basis. One-year post-graduate degree programs and certificate programs, which require a previous degree or diploma (which may have been obtained abroad), are also eligible.
  

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• A job offer in a managerial, professional or skilled trades occupation (NOC 0, A or B). The job offer does not have to be related to the field of study.
  

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• Have a job offer that is permanent and full-time and meets the entry level wage for the occupation, rather than the prevailing wage required for applicants in the General Category.
  

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• Apply within two years of the date on which they received their degree or diploma.
  

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• Have legal status, if the prospective international student nominee is in Canada.
  

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• Have received their employer’s approval letter, Joint Verification form signed by their prospective employer, and Pre-screen Position form.
  

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International students do not need to have any previous work experience. Eligible international students may apply for an approved position from within Canada or from overseas.

The applicant will need to submit, as provided by the applicant’s employer:

• Employer Pre-Screen Approved Position Form
  

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• Joint Verification Form
  

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• Job offer which indicates the applicant’s prospective occupation title and wage for the full-time, permanent position being offered
  

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The applicant also provide:

• A copy of his/her birth certificate.
  

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• A copy of all the pages of his/her passport. All prospective nominees should ensure that their passports will be valid for at least two years from the time that they submit their nominee application.
  

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• A copy of the applicant’s Work Permit, study permit, temporary resident visa, and/or any other Canadian immigration document or entry stamp the applicant has received. If these documents are inside the applicant’s copied passport, the applicant does not need to make additional copies.
  

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• A copy of relevant university degree(s), college diploma(s), transcripts and/or occupational certificates. Provide transcripts if the applicant is applying in last semester before graduation. The applicant must provide a copy of his/her degree or diploma upon receiving it.
  

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• The applicant’s resumé.
  

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• Proof of membership and/or registration in a regulated occupation if the applicant intend to work in an occupation that requires registration or certification in Ontario.
  

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Opportunities Ontario charges a non-refundable nominee application processing fee of C$1,500.