+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

OINP - Employer Job Offer : Foreign worker stream

rosamae

Star Member
Sep 17, 2010
70
2
Thanks buddy. While I do have LMIA+8 band IELTS but I am not youth, so my CRS points are not good enough to get direct Federal ITA. So, I think there are 2 options for me..1. gain experience thru CEC and apply thru federal ITA once CRS gets better. 2. Try to register again when this stream opens and let this process happen in parallel while I am gaining work experience points. I mean whichever process happens sooner to get PR.
Is my understanding correct?
I think we have the same understanding and also has same options i.e. CEC and OINP.But OINP registration got too difficult to obtain now, w/c i believe is a matter of luck now, because of saturated traffic on the portal.This is my 2nd attempt to register but still unlucky.
 
  • Sad
Reactions: rfc_club

samishere

Star Member
Jul 21, 2020
65
4
If the actual salary received during work permit is less than the wage mentioned in LMIA job contract, will that be a problem for OINP Or CEC filing? Can anyone please throw some light here Or a link to study. Thanks.
 
Last edited:

gollum12

Star Member
Mar 5, 2020
61
30
Hi All,

I am able to secure a place in yesterday's program. I have 14 days to submit the documents. but my question is my employer does not support any of the detail (Except offer letter). but I can obtain some details from my colleagues. Do you guys suggest going ahead with the application. ? I have completed 2 years of 6 months in Canada and have a 1-year future work permit from now. Thank you. please advise at the earliest.
From my understanding, you can't apply for this stream, because the Employer Form (it's different from the job offer or employment letter) will have to be finished and signed by the company, and there is no other way around this.
 
  • Like
Reactions: scylla

gollum12

Star Member
Mar 5, 2020
61
30
So if an Employer processed a LMIA position previously, isn't it same level of Employer information and requirement which was provided to Service Canada previously?
Secondly, I am not privy to specific Employer details submitted during LMIA, is it possible for you to point specific requirement changes?
Some, the following is something I can think off, might be incorrect here and there, as I'm not a lawyer or anything :)

- Employee (you) need to have at least 2 years Exp for the NOC code (instead of 1 year like LMIA).
- The employer has to be in business for at least 3 years (instead of 1 year like LMIA).
- The employer last year revenue have to have $500k if outside GTA or $1000K if inside GTA (for LMIA, the employer just need to show that they can pay the employee)
- The employer has at least 5 (3 if outside GTA) fulltime employees that are citizens or PR who's working in Ontario (not required for LMIA).
- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).
- The employer has no outstanding orders made against them under the Ontario Employment Standards Act, 2000, or the Occupational Health and Safety Act (not required for LMIA).


That's why I surprise that this year, so many people manage to get into this stream and international student stream.
Both of these have very strict employer requirements :(
 
  • Sad
Reactions: rfc_club

samishere

Star Member
Jul 21, 2020
65
4
Some, the following is something I can think off, might be incorrect here and there, as I'm not a lawyer or anything :)

- Employee (you) need to have at least 2 years Exp for the NOC code (instead of 1 year like LMIA).
- The employer has to be in business for at least 3 years (instead of 1 year like LMIA).
- The employer last year revenue have to have $500k if outside GTA or $1000K if inside GTA (for LMIA, the employer just need to show that they can pay the employee)
- The employer has at least 5 (3 if outside GTA) fulltime employees that are citizens or PR who's working in Ontario (not required for LMIA).
- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).
- The employer has no outstanding orders made against them under the Ontario Employment Standards Act, 2000, or the Occupational Health and Safety Act (not required for LMIA).


That's why I surprise that this year, so many people manage to get into this stream and international student stream.
Both of these have very strict employer requirements :(
Thanks buddy, this helps..But for this point '- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).', I am including my question from other thread i.e
If the actual salary received during work permit is less than the wage mentioned in LMIA job contract, will that be a problem for OINP Or CEC filing? Can anyone please throw some light here Or a link to study.
Can you pls take a shot..
 

gollum12

Star Member
Mar 5, 2020
61
30
Thanks buddy, this helps..But for this point '- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).', I am including my question from other thread i.e
If the actual salary received during work permit is less than the wage mentioned in LMIA job contract, will that be a problem for OINP Or CEC filing? Can anyone please throw some light here Or a link to study.
Can you pls take a shot..
As a wild guess, OINP could treat it as misrepresentative.

In the employer form, there is a specific question about if the employer supports the candidate with LMIA, so the employer will have to put in LMIA information, and OINP officer can compare it with the payslip that you've provided.

However, for tricky cases like this, I would suggest you not come to the conclusion following some guys on the internet (like me).
 

samishere

Star Member
Jul 21, 2020
65
4
As a wild guess, OINP could treat it as misrepresentative.

In the employer form, there is a specific question about if the employer supports the candidate with LMIA, so the employer will have to put in LMIA information, and OINP officer can compare it with the payslip that you've provided.

However, for tricky cases like this, I would suggest you not come to the conclusion following some guys on the internet (like me).
yeah, taking guidance from all sources so that I don't end up in some mess after going that far..but did you see any clear content around this stuff..OINP or CEC..? Or anyone..?
 

hylian

Hero Member
Feb 24, 2020
395
199
NOC Code......
2174
Thanks buddy, this helps..But for this point '- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).', I am including my question from other thread i.e
If the actual salary received during work permit is less than the wage mentioned in LMIA job contract, will that be a problem for OINP Or CEC filing? Can anyone please throw some light here Or a link to study.
Can you pls take a shot..
This is a complex issue because this is now more of a labour law issue and not an immigration one. In theory if you're being paid less than you agreed to or the LMIA was misrepresented the employer could face some consequences.

Anyway, a requirement of the LMIA is that you must be paid the same rate they agree to pay you in the LMIA, ie. they can't say they'll pay you $100k a year then actually pay you $50k. LMIA might also have minimum wage requirements too. Regardless, you'll still need to meet the salary requirements for PNP AND you'll need to show payslips to prove it as well as a T4.
 

samishere

Star Member
Jul 21, 2020
65
4
This is a complex issue because this is now more of a labour law issue and not an immigration one. In theory if you're being paid less than you agreed to or the LMIA was misrepresented the employer could face some consequences.

Anyway, a requirement of the LMIA is that you must be paid the same rate they agree to pay you in the LMIA, ie. they can't say they'll pay you $100k a year then actually pay you $50k. LMIA might also have minimum wage requirements too. Regardless, you'll still need to meet the salary requirements for PNP AND you'll need to show payslips to prove it as well as a T4.
principally, I am in agreement with your view point..thanks.
 

rfc_club

Star Member
Mar 21, 2017
75
19
Hi All,

I am able to secure a place in yesterday's program. I have 14 days to submit the documents. but my question is my employer does not support any of the detail (Except offer letter). but I can obtain some details from my colleagues. Do you guys suggest going ahead with the application. ? I have completed 2 years of 6 months in Canada and have a 1-year future work permit from now. Thank you. please advise at the earliest.
You need Employer Form. Try to persuade them to have it. All the best !
 

rfc_club

Star Member
Mar 21, 2017
75
19
Some, the following is something I can think off, might be incorrect here and there, as I'm not a lawyer or anything :)

- Employee (you) need to have at least 2 years Exp for the NOC code (instead of 1 year like LMIA).
- The employer has to be in business for at least 3 years (instead of 1 year like LMIA).
- The employer last year revenue have to have $500k if outside GTA or $1000K if inside GTA (for LMIA, the employer just need to show that they can pay the employee)
- The employer has at least 5 (3 if outside GTA) fulltime employees that are citizens or PR who's working in Ontario (not required for LMIA).
- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).
- The employer has no outstanding orders made against them under the Ontario Employment Standards Act, 2000, or the Occupational Health and Safety Act (not required for LMIA).


That's why I surprise that this year, so many people manage to get into this stream and international student stream.
Both of these have very strict employer requirements :(
Maybe .. reserve first, think later :(. It seems like "buy it think later".
 

rfc_club

Star Member
Mar 21, 2017
75
19
Thanks buddy, this helps..But for this point '- The salary for the employee has to be above the median wage based on the NOC code and area (not required for LMIA).', I am including my question from other thread i.e
If the actual salary received during work permit is less than the wage mentioned in LMIA job contract, will that be a problem for OINP Or CEC filing? Can anyone please throw some light here Or a link to study.
Can you pls take a shot..
You need to ask them. If you have lower salary, in the guide and Employer Form they mentioned about "These wage requirements do not apply if you have a collective agreement (a written contract between the employer and a union), in your workplace, that determines your wages. "
For example an union has an agreement about a salary which is lower than minimum wage, and employer pay employee based on that agreement, in that case the median wage requirement can be skipped. Otherwise, median wage is a MUST for foreign worker. For CEC, I dont see any salary requirement, but Im not sure.
If your case is complex so I suggest asking a lawyer or write email to OPNP. At least you will get a correct answer.
 
Last edited:

OliviaBBB

Star Member
May 25, 2020
154
50
Help!
The gross revenue is less than 500 which means that I am not qualified... But it was done in 2017. Is it hard for company to quickly make 2018 gross revenue? Should I ask?
 

gollum12

Star Member
Mar 5, 2020
61
30
Maybe .. reserve first, think later :(. It seems like "buy it think later".

It cost nothing to reserve the file number, then if they don't use it, they just let it expired...
I think that's the biggest flaw in how the stream intake...

I know someone who got the file number in March, and then they just ignore it because they don't qualify :(
 

chivinas

Hero Member
Apr 24, 2019
908
957
Category........
PNP
Visa Office......
Sydney
Job Offer........
Yes
Nomination.....
31-10-2019
AOR Received.
30-01-2020
It cost nothing to reserve the file number, then if they don't use it, they just let it expired...
I think that's the biggest flaw in how the stream intake...

I know someone who got the file number in March, and then they just ignore it because they don't qualify :(
It's very unfair to those that qualify, because they collapse the servers and many who had the qualifications, couldn't enter.