OINP Chat Group - Ask Any Question (UNRESTRICTED THREAD)

[rajkamalmohanram]

Raj, it specifically says here that "Ontario nominees are exempt from the Labour Market Impact Assessment (LMIA) process." - http://www.ontarioimmigration.ca/en/pnp/OI_PNPNOMINEES.html ... could the OINP site be wrong?

TicTocCroc, I remember we spoke about this few months ago and you said at the time that your were using an agent to do this right? Well either the OINP site is wrong (possible) or your agent messed up (most likely) and didn't use the right channel to request your WP (perhaps he has no experience with WP for nominees or maybe your agent used a paper based application when it should have been via EE/MyCIC 'cos your nomination was through the same system...). Anyway, my suggestion is that you try doing this yourself in your MyCIC page. As soon as you log in go to the apply for WP button and follow the instructions answering all the questions. Or contact IRCC directly and explain that your are an ontario nominee who should be LMIA exempt and had a WP denied due to lack of LMIA.

I applied for a work permit as I have a job offer and nomination, but it has been rejected because I am not exempt from LMIA. Ontario website tells me I am exempt. Any thoughts what to do next?

No, the website isn't wrong. In the link that I have provided in my previous post, LMIA exemption for this particular case is realized here ->

2. covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.

I suppose the LMIA exemption code for an individual who has been nominated by a province is T13.

c) Canada-Provincial/Territorial T13

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/codes.asp

It says below that the employer has to take a look at the LMIA Exemption code and mention it on the Job offer letter -

Review the LMIA exemption codes

Go to the Labour Market Impact Assessment exemption codes table, and review the list of regulations.
Select the LMIA exemption code that seems most relevant to your hiring situation, and read the detailed description provided.
Take note of the exemption code that applies to you. You will need to include this code in your offer of employment.

If you need help determining if you need an LMIA, contact the International Mobility Worker Unit for your province or territory.

http://www.cic.gc.ca/english/work/employers/apply-who.asp?_ga=1.158420345.2129094885.1473518148

Has your employer mentioned this information on your job offer letter?

Also, this is where the instructions pertaining to your case are available -

A person who has a valid nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMIA.

In order for this provision to be applied, the application for the work permit must include the following:

the Offer of employment to a foreign national exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] and proof the employer has paid the employer compliance fee;
a copy of the nomination letter from the provincial or territorial government that confirms that the foreign national has been nominated for permanent residence by the province (if the nomination is expired, a copy of the acknowledgement letter confirming that CIC received the permanent residence application while the nomination was still valid); and
a statement from the province that it has determined that all factors required for the issuance of a work permit under paragraph R204(c) as per its agreement with Canada have been met, identifying the occupation and employer information. The required factors include
that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer in that province or territory (it should be noted that self-employed persons are therefore not eligible for this type of work permit, given the lack of employer-employee relationship),
that the job offer is genuine and the job offer will create economic benefits or opportunities,
that the employment is not part-time or seasonal, and
that the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.

Applications that do not include the requested information will be refused. Persons whose nominations have expired but who submitted an application for permanent residence before the expiry date of the nomination and are waiting for their acknowledgement of receipt of the permanent residence application letter from CIC should

delay their application for a work permit under this provision until they obtain the acknowledgement of receipt;
seek an extension of their certificate to the nominating jurisdiction; or
obtain an LMIA.

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

 

[g126]

No, the website isn't wrong. In the link that I have provided in my previous post, LMIA exemption for this particular case is realized here ->

I suppose the LMIA exemption code for an individual who has been nominated by a province is T13.

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/codes.asp

It says below that the employer has to take a look at the LMIA Exemption code and mention it on the Job offer letter -

http://www.cic.gc.ca/english/work/employers/apply-who.asp?_ga=1.158420345.2129094885.1473518148

Has your employer mentioned this information on your job offer letter?

Raj you're a star! I think you nailed it.

TicTocCroc, make sure you job offer has the required information and try again! :-D

 

[snig]

hello,

I am an Indian citizen living in Toronto and have received ITA under CEC on December 22,2016.
I have a question regarding uploading of legal name change document, my passport has the surname after marriage(which is what I have used in pr application) .my marriage certificate states that I used xxx before marriage and yyyy after marriage.
My previous surname is mentioned only in Educational certificates from India .
what do I upload in this column? should I go to immigration lawyer in Toronto and get notarized
also what do I upload under proof of means of financial SUPPORT

please advise

 

[TicTocCroc]

No, I didn't use an agent, I did it myself on paper.

I started the process again online last night, as there is now an option to apply for provincial nominee work permit which wasn't there a few weeks ago.

The requested documents are exactly the same as I submitted by paper.

I shall try getting the exemption code in there and try again.

Thanks for your help guys!

 

[TicTocCroc]

Just one more quick question.

Ontario website states that they no longer do the R204(c) letters, but that they support all work permit applications.

How do I get around this? Do I simply cut and paste the quote from their website into a LOE?

 

[g126]

hello,

I am an Indian citizen living in Toronto and have received ITA under CEC on December 22,2016.
I have a question regarding uploading of legal name change document, my passport has the surname after marriage(which is what I have used in pr application) .my marriage certificate states that I used xxx before marriage and yyyy after marriage.
My previous surname is mentioned only in Educational certificates from India .
what do I upload in this column? should I go to immigration lawyer in Toronto and get notarized
also what do I upload under proof of means of financial SUPPORT

please advise

Are you asking where do you state your diferente names? If so, it's in the first section right underneath your name... there is a option to put other names you're also known by.

 

[rajkamalmohanram]

Just one more quick question.

Ontario website states that they no longer do the R204(c) letters, but that they support all work permit applications.

How do I get around this? Do I simply cut and paste the quote from their website into a LOE?

I suppose you can do that. Yes. Check with your employer too.

 

[snig]

Are you asking where do you state your diferente names? If so, it's in the first section right underneath your name... there is a option to put other names you're also known by.

hi,

my concern is what to upload under legal name change doc?
is my marriage certificate sufficient?

 

[rajkamalmohanram]

hi,

my concern is what to upload under legal name change doc?
is my marriage certificate sufficient?

If your name change is because of a marriage, then upload the marriage certificate and explain this using a LOE.

 

[snig]

If your name change is because of a marriage, then upload the marriage certificate and explain this using a LOE.

thank you very much for your response Rajkamalmohanram

 

[snig]

Are you asking where do you state your diferente names? If so, it's in the first section right underneath your name... there is a option to put other names you're also known by.

thank you g126

 

[sutyfornow]

How do we get nominated by ontario, what are the conditions to get a nomination other than getting 400 points and above?

 

[rajkamalmohanram]

How do we get nominated by ontario, what are the conditions to get a nomination other than getting 400 points and above?

You should have received a PT NOI from OINP on your EE profile, have at least one year of work experience in the past 5 years, should have at least a bachelor's degree, if nominated, should intend to reside in the province of Ontario

Refer the links below for more information -->

http://www.ontarioimmigration.ca/en/pnp/OI_PNP_EE_CAPITAL.html#display

http://www.canadavisa.com/canada-immigration-discussion-board/oinp-ee-human-capital-priorities-stream-comprehensive-guide-t396543.0.html;msg4952833#msg4952833

 

[Afrida]

Hi Everyone,

Need an urgent response please

I know this might not be the right forum but if anyone can answer, it would be very helpful and I'll be very grateful.

I am an EE applicant (Profile created in Oct'16). I have been accepted into UNB for Full Time MBA. I will be applying for my study permit so had few questions:

1. I already have a My CIC account but with a different Email. This was created to enter the EE pool. My agency has full access to it and informs me time to time on changes in the account. I only have access to the Job bank. For study permit I have to have a CIC account. So should I use my EE CIC account or can create a new one?

2. My class will start from Sep. So when is the ideal time to apply for study permit?

3. My spouse will accompany me and will apply for open work permit (which is allowed by the law). What would be the wise move: apply co-currently or apply for him once i get the study permit?

4. Most importantly, an EE applicant can study in Canada right? I mean my university did not have any problem with it.

Thanks in advance

 

[g126]

Hi Everyone,

Need an urgent response please

I know this might not be the right forum but if anyone can answer, it would be very helpful and I'll be very grateful.

I am an EE applicant (Profile created in Oct'16). I have been accepted into UNB for Full Time MBA. I will be applying for my study permit so had few questions:

1. I already have a My CIC account but with a different Email. This was created to enter the EE pool. My agency has full access to it and informs me time to time on changes in the account. I only have access to the Job bank. For study permit I have to have a CIC account. So should I use my EE CIC account or can create a new one?

2. My class will start from Sep. So when is the ideal time to apply for study permit?

3. My spouse will accompany me and will apply for open work permit (which is allowed by the law). What would be the wise move: apply co-currently or apply for him once i get the study permit?

4. Most importantly, an EE applicant can study in Canada right? I mean my university did not have any problem with it.

Thanks in advance

This is probably better for you - http://www.canadavisa.com/canada-immigration-discussion-board/international-students-b2.0/

1. You don't change the account, you simply start a new process within your account applying for a student visa.
2. No idea, check the students' thread for this kind of detail
3. Yes, concurrently I guess... as far as I know once you're are approved for a Study Permit your spouse will automatically be approved for a open work permit, I don't think this is a separate process, it's simply a result of your study permit process when you say you have a spouse and provide the documents (like marriage cert.) they'll ask for.
4. Sure, EE candidates can study in Canada, however, for a Study permit you need to show that you plan to return to you home country once you've finished your studies (and the X years of work your PGWP will allow you to do), having an EE profile contradicts that so just make sure you (or your agent) write a convincing LoE that you do plan to return and you are keeping ties open with you home country (not selling your house, etc.)