Ontario Employer Job Offer: Foreign Worker Stream
The Ontario Foreign Worker Stream under the Employer Job Offer category is an immigration stream open to applicants residing in and outside of Canada who have an eligible job offer from an employer in Ontario.
If successfully nominated under the Ontario Immigrant Nominee Program (OINP) Employer Job Offer Category for Foreign Worker Stream, foreign nationals can apply to Immigration, Refugees and Citizenship Canada (IRCC) for Canadian permanent residence.
For a nomination certificate to be issued under this category, both the employer and the foreign national must show that eligibility requirements are met. Employers are required to complete an Employer Form, which is submitted by the applicant with the application to the OINP.
Applicant Eligibility Requirements
In order to be eligible for the Employer Job Offer: Foreign Worker Stream, individuals must:
- Have an approved full-time job and permanent job offer in a "skilled occupation" classified under Canada's National Occupation Classification (NOC) Type/Level 0, A, or B in Ontario;
- The job offer must meet the entry-level wage levels in Ontario for that occupation.
- Have a minimum level of work experience; OR have a valid licence or authorization from the relevant regulatory body in Ontario for the same occupation as the one listed in the job offer.
- Intend to reside in Ontario; and
- Hold legal status (i.e. a visitor record, study permit, or work permit) and should maintain that status until nomination (if residing in Canada at the time of applying).
Work Experience Requirements
To meet the program's work experience requirement, applicants must:
- Have two years of cumulative full-time, paid and verifiable work experience, either in Canada or abroad, acquired within the five years prior to the date of application submission;
- Note: Full-time means at least 30 hours of work over a period of one week in one job.
- Have performed the same work duties that match duties listed under the NOC for the occupation listed in the job offer in Ontario;
- Demonstrate that they held a valid license from the appropriate regulatory body if the work experience claimed is in a regulated occupation that requires authorization.
Applicants may claim periods of self-employment to meet the minimum work experience requirements. Self-employment must have been paid and in the same NOC code as the position being offered. The OINP requires documentation (reference letters, job descriptions, performance reviews and job ads) verifying that work experience is in the same NOC as the position of the job offer.
To meet the program's licence requirement, applicants must hold a valid licence or authorization (from the relevant regulatory body in Ontario) for the same occupation as the one listed in the Ontario job offer. For more information on licences and authorizations in Ontario, visit the OINP website or the Ontario College of Trades website.
Job Offer Requirements
The job offer must meet the following requirements:
- The position must meet the description of a “skilled occupation” in accordance to NOC Type/Level 0, A, or B;
- The job offered must be for a permanent, full-time position (minimum 1,560 hours of paid employment in a 12-month period);
- The offer must meet or exceed the median wage level for specific region in Ontario where the applicant will be working;
- Wage requirements do not apply if the applicant has a collective agreement (contract between the employer and a union) that determines employee wages.
- The offer must not affect the settlement of any labour dispute or the employment of any person involved in such a dispute;
- The offer must not adversely affect employment or training opportunities for Canadian citizens or permanent residents in Ontario; and
- The position itself must be necessary for the employer's operations.
If the job offer is in an occupation that requires licence/authorization in Ontario, the applicant must hold the mandatory licence or authorization at the time of applying. Applicants will need their proof of licensure or authorization when applying online. Details on licenses and authorizations can be found in the following Ontario websites: OINP website or the Ontario College of Trades website.
Ineligible Job Offers
A job offer will be considered ineligible in the following cases:
- It is for a position that is seasonal or part-time, regardless of hours worked, or a subcontractor or an agency position.
- It will affect the settlement of any labour dispute or the employment of a person involved in such a dispute.
- It is made to an applicant who holds or has held (or whose family members hold or have held) equity in the business, unless the equity was obtained as part of the applicant’s remuneration as an employee, and the total equity held by the applicant and their family members is/was less than 10%.
Intention to Reside in Ontario
All applicants must intend to reside in Ontario. The OINP will request that the applicant demonstrate ties to Ontario, which include (but are not limited to):
- Current and/or previous employment in Ontario
- Job offers or jobs applied/interviewed for in Ontario
- Education in Ontario
- Volunteer work in Ontario
- Lease agreements for a residence in Ontario or property ownership
- Professional networks and affiliations
- Family ties
- Social connections or personal relationships
- Previous visits to Ontario
Employer Eligibility Requirements
In order to be eligible under this immigration category, the Ontario employer must:
- Have been in active business for at least three years;
- Have business premises in Ontario where the prospective nominee will work;
- Demonstrate sufficient proof of recruitment efforts if the prospective nominee is currently living abroad, visiting Canada, or working in a province or territory other than Ontario;
- Be in compliance with all provincial labour laws, including, but not limited to, employment standards, health and safety, and labour relations legislation; and
- Meet the program's revenue requirements and the required minimum number of full-time employees:
- Employers located inside the Greater Toronto Area (GTA):
- Have a minimum gross revenue for the most recent fiscal year of $1,000,000, and
- Have at least five permanent full-time employees who are Canadian citizens or Permanent Residents at the location where the candidate is to work.
- Employers located outside the Greater Toronto Area (GTA):
- Have a minimum gross revenue for the most recent fiscal year of $500,000, and
- Have at least three permanent full-time employees who are Canadian citizens or Permanent Residents at the location where the candidate is to work.
- Employers located inside the Greater Toronto Area (GTA):
In cases where the applicant may work in more than one location, "report to work" means the location where the applicant’s immediate supervisor or manager works, or the location of the administrative office where the applicant will receive work assignments.
The OINP states that employers may have to demonstrate sufficient proof of recruitment efforts if the applicant is living abroad, visiting Canada, or working in a province or territory other than Ontario. The OINP does not require employers to demonstrate reasonable recruitment efforts if:
- the applicant is an individual authorized to work in Ontario; or
- the employer has a positive Labour Market Impact Assessment (LMIA) for the exact NOC code and position being offered to the applicant.
Employers must provide the applicant with a completed and signed Employer Form, which the applicant will need to submit along with an original signed and dated job offer. Additional documentation may be requested from the employer to confirm the information provided in the Employer Form, which must be submitted by the applicant within six (6) months from the date of signing.
During the application assessment, the OINP may request additional documents from the Ontario employer to verify that program criteria are met. It is important to consult Ontario's Employer Job Offer Streams Employer Guide and Checklist for details regarding supporting documents and employer criteria.
The first step for those wishing to apply under the Employer Job Offer: Foreign Worker stream is to create a profile in the OINP Expression of Interest system. This can be done at any time. Once a profile is registered in the system, applicants are entered into a selection pool and are given a score based on a series of criteria used to target the most suitable candidates to meet the province's labour market needs.
The province conducts draws from the pool and those who selected receive an invitation to apply to the Employer Job Offer: Foreign Worker stream.
The next step for those who are invited to apply for a provincial nomination by the province of Ontario is to submit an application online through the OINP e-Filing Portal.
Foreign workers looking to apply to the Foreign Worker Stream of the Ontario Employer Job Offer category must first review the job offer, applicant and employer requirements of the program to ensure they are eligible to apply.
It may take approximately three hours in total to complete the online application via the OINP e-Filing Portal. Once a registration is completed, applicants have 14 calendar days to complete and submit the application or the registration will expire and become withdrawn. An applicant may assign an authorized representative to complete the application on his or her behalf. All supporting documents must be scanned and ready for upload.
Applicants are responsible for the translation and notarization of any supporting documents that are not in English or French. It is the responsibility of the applicant to locate a certified translator accredited by the Association of Translators and Interpreters of Ontario (ATIO) and/or obtain a notarization of documents translated by a translator not certified by the ATIO.
If an applicant located in Ontario is not able to find a certified translator accredited by the ATIO, the translation must be notarized. A letter explaining the reasoning and efforts taken to locate a certified translator must be included with the application.
If applying from outside Ontario, the translation must be notarized. If deemed insufficient, the OINP may require applicants to obtain a translation from a certified translator accredited by the ATIO. Translations completed by the applicant, their representative, or others with personal ties to the applicant will not be accepted even if these individuals are considered certified translators.
The OINP considers applications incomplete if incorrect supporting documents are provided or documents requiring translation are not certified or notarized. The OINP refunds application fees if an application is deemed incomplete. Applicants must notify the OINP of any changes to personal information (as outlined in the program guide).
Applicants who believe the OINP's decision was made in error may request an internal review of the application within 30 calendar days of receiving the notice of the decision (if residing in Canada) or within 60 calendar days if residing overseas. The request must not include any evidence that was not submitted to the program before the decision was made unless the evidence was not reasonably available at the time of applying. The OINP's internal review decision is final.
If nominated by the OINP, the applicant will obtain a Letter of Nomination (Nomination Approval Letter, a work permit support letter, and a Confirmation of Nomination (OINP Certificate of Nomination).
The OINP requires that nominees continue to meet the conditions of their nomination, including the intention to reside in Ontario and employment in the approved position. It is important to consult the OINP's dedicated guide for details on obligations if there are changes to the conditions of employment. Applicants must inform the OINP if there are changes to the job offer conditions, such as position title, duties, employment location, wages, and/or hours of work. If employment is ceased either by the applicant or the employer, the OINP must be notified.
While nominations are valid for a six-month period, the nominee may submit a request for an extension of the Nomination Certificate depending on circumstances approved by the OINP.