Working in USA while on OINP PR and residing in Windsor, Ontario

[prram25]

Hi All,

Reposting here as I was told this is the best forum to ask this question. I recently secured my PR to Canada via the OINP Tech Skilled workers program. Currently I am employed in Detroit, Michigan, USA on a H1B Visa. I spoke to my company about moving to Windsor, Ontario, Canada in order to satisfy my PR requirements. I know many friends and colleagues who have moved to Windsor and commute to USA via the land border in order to work in the USA. None of my friends were through the OINP or any Provincial Program and most are regular EE PR holders. My company told me that they are ok with me moving to Windsor, Ontario and residing there. They would require me to come into Detroit Monday-Friday via the land border for work. Since my company has no Canadian entity, there is no option for me to work for them from Canada.

My main question is regarding OINP. If I reside in Ontario, and pay my taxes in Ontario (this will involve me paying taxes in both USA and Canada, but I will be resident of Canada for tax purposes), will this count towards satisfying my OINP requirements? Will there be an issue if I apply for citizenship after 3 years of residing and paying taxes in Ontario and Canada? I know it is not an issue for people who are part of the regular EE streams to do this. But I am not sure if I will face issues as I did accept the OINP nomination.

Any guidance is appreciated. Thanks a lot, in advance.

 

[Eliun]

One of the requirements for qualifying for the Ontario Immigrant Nominee Program is that the work you perform must occur primarily in Ontario. Provincial nominee programs are designed not just around residency, but around an applicant’s demonstrated intent to live and work in the province and to help meet a specific labour market need.
Individuals applying through the Canadian Experience Class (CEC) do not have this same restriction and may live and work anywhere in Canada, provided they meet physical presence requirements. However, that flexibility does not apply to provincial nominees.
In your case, points were awarded during the nomination process specifically based on your stated intent to work in Ontario and to fill an identified labour gap in the province. That intent is a material factor in why Ontario supported your application for permanent residence, and it is also why you cannot simply relocate to another province, even within Canada.
While I’m not an expert, my understanding is that if you are not actually working primarily in Ontario or fulfilling the labour need you indicated, this could raise concerns in future immigration applications. The province essentially backed your PR application with the expectation that you would contribute to Ontario’s workforce, and failing to meet that expectation may be viewed as inconsistent with the basis of the nomination.
This is my opinion, based on how the program is structured and the overall intent of provincial nomination programs. But hey citizenship application is federal so I don’t know if it matters much with respect to where you work, I believe the challenge will be with renewing the PR. But if I were you to be on a safer side I would document my efforts to find work in Ontario eg. all rejection communication after applying for jobs in Ontario. Just so if IRCC decides to probe you have something to show. All the best