2018-07-30 Additional 2018 CPDS Your CPD Instructor Andrew - - PDF document

2018-07-30 1

Additional 2018 CPDS

Andrew Carvajal, LL.B / B.C.L., M.A., B.A. Immigration Lawyer and Instructor RCICCPD.ca by Full Skills Exam Prep

Your CPD Instructor

2018-07-30 2

A Little About Me

• Toronto immigration and tribunal lawyer
• Partner, Desloges Law Group
• acarvajal@desloges.ca
• Twitter: @CarvajalLaw
• LinkedIn: ca.linkedin.com/in/carvajalandrew
• Personal site: www.carvajal.ca

Lesson Goals

• When to choose OINP for a potential

client?

• Advantages of OINP vs. federal

programs

• Understand OINP programs for skilled

workers, semi-skilled workers, graduate students and entrepreneurs

• Summary and Q&A

OINP – A Quick Glance

• Foreign Worker
• International Student
• In-Demand Skills Stream

Employer/Job Offer

• Corporate Stream
• Entrepreneur Stream

Business

• Masters Graduate
• PhD Graduate
• Express Entry Streams
• Human Capital Priorities Stream
• French-Speaking Skilled Worker Stream
• Skilled Trades Stream

Human Capital

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The Initial Client Assessment

• Who is a good candidate for a Federal/Provincial

skilled labour program?

• IRPA s. 12(2): a FN will be selected as a member of

the economic class on the basis of their ability to become economically established in Canada

• Appealing Attributes – Skilled Workers (Generally)
• Young (under 37)
• Well educated
• High English/French skills
• Relevant skilled work experience
• Ties to Canada/Province/Territory (some cases)

The Initial Client Assessment

• Appealing Attributes – Skilled Workers under

OINP

• Age is largely irrelevant
• Level of education will vary per program
• English/French skills will vary per program
• Some programs do not require tests
• Relevant skilled work experience
• Except for Masters and PhD streams
• Options for certain semi-skilled occupations
• Ties to Ontario – important in most cases

The Initial Client Assessment

• Appealing Attributes – Entrepreneurs
• Net worth
• Available funds for investment
• Managerial/business experience
• Sound business plan/benefit to

economy

• Language and education

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When to Consider OINP/PNP

• Limited opportunities under EE
• Job offer in the province
• Work experience in the province
• Studies in the province
• Masters or PhD
• Eligibility and sufficient money to set up

business if applying under entrepreneur program 2018 Quota, Intake and News

• OINP 2017 Quota: 6,600
• Compare to 2,500 in 2014
• January 1, 2018: Ontario Immigration Act, 2015 and regulations

proclaimed into force

• Formalizes Minister’s powers as well as principles, procedures and

criteria applied in OINP processing

• Robust sections on inspections, investigations, penalties, offences

and enforcement

• January 18, 2018: All streams open except for Masters and PhD streams
• January 29, 2018 Masters and PhD streams open
• January 29, 2019: Masters stream paused
• April 5, 2018: Masters stream re-opens
• April 5, 2018: Masters stream paused
• Visit http://www.ontarioimmigration.ca/en/pnp/OI_PNPNEW.html often!

2018 Quota and Processing Times

2018-07-30 5

Online Intake

• Following example of other provinces, ON has moved to an online

intake process

• Not EOI except for entrepreneur stream
• HCPS uses EE score
• Pros
• Knowledge that application will be processed once issued a

file number

• Fast processing times
• Cons
• Registering when programs open can be very competitive
• Computer glitches
• Very tight deadline to submit application and most supporting

documentation

Online Intake - ONe-key

• Sign up for a ONe-key to access OINP eFiling
• https://www.one-

key.gov.on.ca/iaalogin/IAALogin.jsp

• Client must authorize representative to file

applications on their behalf

• If client is represented, the application must

be submitted under the representative profile

• 1st step: register profile and obtain an application

number while specific program is open

• 2nd step: complete online forms and submit

supporting documentation

Deadlines to Submit Application

• Following registration and issuance of an application

number, there are tight deadlines to complete forms and submit documents

• Masters and PhD streams  14 days
• Employer-driven streams  14 days
• EE French Speaking Skilled Worker 45 days from

NOI

• EE Human Capital Priorities  45 days from NOI
• EE Skilled Trades  45 days from NOI
• Entrepreneur stream  90 days from EOI
• EOI can be submitted anytime

2018-07-30 6

Exclusion for Refugee Claimants/Accepted Refugees

• Refugee claimants with a pending

application to remain in Canada are not eligible to apply to OINP

• Refugee claimants whose claim has

been rejected, abandoned, or withdrawn must exit Canada prior to applying to OINP

• Refugee claimants may only apply to

OINP once they have left Canada

• Foreign Worker
• International Student
• In-Demand Skills

Employer/Job Offer Streams

OINP Guides

• Foreign Worker

http://www.ontarioimmigration.ca/prodconsum/gr

• ups/csc/@oipp/documents/document/oi_en_wo

rker.pdf

• International Student

http://www.ontarioimmigration.ca/prodconsum/gr

• ups/csc/@oipp/documents/document/oi_en_job

.pdf

• In-Demand Skills

http://www.ontarioimmigration.ca/prodconsum/gr

• ups/csc/@oipp/documents/document/oi_en_ind

emand.pdf

2018-07-30 7

Comparison with Federal Programs

• The Pros
• LMIA-exempt (WP and PR)
• No language requirements (except In-Demand

Skills)

• No strict advertising/recruitment standards (unlike

LMIA)

• But must show efforts if employee outside

Ontario

• Feasible option for candidates who are not

competitive under EE

• Older, less education, weak language skills

Comparison with Federal Programs

• The Cons
• Eligibility requirements for employer are

high

• Longer processing times
• PR application is paper based

although a WP can be obtained in the meantime

• Hefty processing fees
• Limited number of certificates

Employer Requirements

• Have been in active business for at least 3 years

(corporations, limited partnerships and sole proprietorships)

• In the past, employer requirements were verified

upfront through a pre-screening process. Now OINP can request this from employer at later stage of processing

• Documents used to verify this
• Articles of Incorporation or Certificate of Status

(in the case of a corporations)

• Master business license (in the case of a sole

proprietorship); OR

• Partnership agreement (in the case of a

partnership)

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Employer Requirements

• Have business premises in Ontario where

the prospective nominee will work

• Documents used to verify this
• Deed to the property comprising the

premise, showing the employer applicant as owner

• OR lease, offer to lease, licence, notice
• f lease, or licence registered on title;

and landlord/licensor's name, address and telephone number

Employer Requirements

• Gross revenue for the most recent fiscal year
• $1,000,000 – companies inside GTA
• $500,000 – companies outside the GTA
• Documents used to verify this
• Revenue Canada Schedules 125 (Income

Statement Information) and 141 (Accounting Practitioner Information) for past three years

• OR Company's financial statements for the

past three fiscal years signed by a C.A., C.M.A. or C.G.A.

Employer Requirements

• Minimum number of permanent full-time

employees per nomination (Cad PRs or citizens)

• 5 – companies inside GTA
• 3 – companies outside the GTA
• Documents used to verify this
• Revenue Canada T4 Summary for previous

fiscal year

2018-07-30 9

Employer Requirements

• Employers must be in compliance with all

provincial labour laws, including but not limited to employment standards, health and safety, and labour relations legislation

• Verified through information shared by

the Ontario Ministry of Labour Employer Requirements

• Recruitment efforts are not necessary unless

candidate is abroad or working in another province

• No requirement to advertise in Job Bank, minimum

period or minimum number of platforms

• Suggested documents to prove recruitment efforts
• Copy of all advertising efforts made to recruit a

Canadian citizen or PR for the position

• Summary of recruitment efforts including the

number of individuals who applied, the number interviewed and the specific reasons why they did not hire a Canadian citizen or PR

Foreign Worker Stream

• Work experience
• Minimum 2 years (24 months) within the previous 5

years in the intended occupation

• Appropriate licensing in Ontario if regulated occupation
• E.g. Red seal certification for trades, qualification in

regulated professions - Engineers, lawyers, doctors, etc.

• For work experience obtained abroad and in Canada,

OINP will only accept fulltime work experience that is verifiable, relevant, paid and legally obtained

• If applicant residing in Canada, must be working or

visiting Canada on a valid work permit, study permit or visitor record

2018-07-30 10

Foreign Worker Stream

• Job offer
• Permanent, full-time job offer in a skilled
• ccupation (NOC 0, A or B)
• Full-time = 1,560 hours of paid employment

in 12 month period

• Meet prevailing wage levels in Ontario for

the occupation and region

• For foreign workers already working in the

position, job offer must pay equal or more than current wage

• Employee working in employer’s premises

International Student Stream

• Studies
• Completed at least half of their studies in Canada
• Graduated or met degree requirements of a full-

time degree or diploma program at publicly-funded Canadian college or university that is at least 2 years in length

• OR a 1 year post-graduate certificate program,

which requires a previous degree in order to qualify

• Apply within 2 years from the date on which they

graduated

• OINP will not accept applications from International

Students in their final semester of studies

• Legal status in Canada if currently residing in Canada

International Student Stream

• Job offer
• Permanent, full-time job offer in a

high skilled occupation (NOC 0, A or B)

• Must meet entry-level wage (not

prevailing wage) for occupation and region

• Employee working in employer’s

premises

2018-07-30 11

In-Demand Skills Stream

• Work experience
• One year cumulative full-time (30+ hours)

experience in Ontario within the previous 3 years in the intended occupation

• Appropriate licensing in Ontario if regulated
• ccupation
• Education: completion of HS degree
• Language: CLB 4 in English or French
• If applicant residing in Canada, must be with legal

status

• Settlement funds
• Or job offer with salary that meets or exceeds

minimum funds based on family size

In-Demand Skills Stream – Settlement Funds

Number of Family Members Funds Required (in Canadian dollars) 1 $12,475 2 $15,531 3 $19,093 4 $23,181 5 $26,292 6 $29,652 7 $33,014 For each additional family member $3,361

In-Demand Skills Stream

• Job offer
• Permanent, full-time job offer in eligible
• ccupation within agricultural or construction

sector

• Full-time = 1,560 hours of paid employment in

12 month period

• Meet prevailing wage levels in Ontario for the
• ccupation and region
• For foreign workers already working in the

position, job offer must pay equal or more than current wage

• Employee working in employer’s premises

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In-Demand Skills Stream – Eligible Occupations

• All NOC levels C or D
• NOC 7441 – Residential and commercial

installers and servicers

• NOC 7521 – Heavy equipment operators (except

crane)

• NOC 8431 – General farm workers
• NOC 8432 – Nursery and greenhouse workers;
• NOC 8611 – Harvesting labourers
• NOC 7611 – Construction trades helpers and

labourers

• NOC 9462 – Industrial butchers, meat cutters,

poultry preparers, related workers

• Corporate Stream
• Entrepreneur Stream

Business

OINP Guides

• Corporate Stream

http://www.ontarioimmigration.ca/prodco nsum/groups/csc/@oipp/documents/doc ument/oi_en_corp.pdf

• Entrepreneur Stream

http://www.ontarioimmigration.ca/prodco nsum/groups/csc/@oipp/documents/doc ument/oi_en_entre.pdf

2018-07-30 13

CORPORATE Stream – Overview

• 2 stage process
• Issuance of letter of support for work

permit for key staff should application be successful

• Should business performance

agreement be met  nomination

• Designed for corporate investment
• Large investment

Corporate Stream – Eligibility Criteria

• Corporate requirements
• Foreign corporation established for at least 36 months
• Investment requirements
• Corporation must make a minimum investment of $5 million

to expand into Ontario or purchase an existing business

• Source of investment funds must have been legally obtained
• Proposed investment activity must be of significant economic

benefit to Ontario

• Special criteria if
• Corporation is intending to purchase an existing business

in Ontario

• Business to be established in Ontario is a land

development or a leasehold company

Corporate Stream – Eligibility Criteria

• List of ineligible businesses
• Varies depending on GTA or outside the GTA
• Local job creation requirements
• 5 new full-time permanent jobs for Canadians or

PRs per each key staff

• Positions must be paid at or above the prevailing

wage level

• Full-time: 1,560 hours of paid employment in a

12-month period

• Position must be continuously filled for at least 10

months prior to submission of Final Report

2018-07-30 14

Corporate Stream – Eligibility Criteria

• Other general requirements
• Clear structural linkage between the Parent Corporation and

proposed new business in Ontario (e.g. a subsidiary, branch

• r affiliate)
• Business must intend to make a profit
• Primary income sources must be from active (earned)

income, not passive

• Proposed business must comply with Canadian legal and

regulatory requirements, as well as labour legislation

• Proposed business must be considered a permanent

business in Ontario

• Third party investors must be a Schedule I or Schedule II

bank or an institutional investor

• Must submit a business plan

Corporate Stream – Key Staff (Nominees)

• Opportunity to nominate up to 5 key

staff who will establish the business in Ontario and who are seeking to permanently relocate to the province

• Complete application for the Corporate

Stream must include the corporate application and all key staff applications at stage one application Corporate Stream – Key Staff Requirements

• Stage 1
• Essential to establishment and operation
• Senior executive, management or specialized knowledge

positions (NOC 0 or A)

• Max 1 key staff in NOC A
• 36 months (in last 60) of experience in occupation
• At least 12 months with corporation prior to application
• Can’t be family of board members or hold more than 10% of

corporation

• If they hold equity, must be part of compensation package
• Proposed positions must be permanent, full time and meet

prevailing wage

2018-07-30 15

Corporate Stream – Key Staff Requirements

• Stage 2
• Hold position approved by OINP
• Physically reside in Ontario 75% of

ever year under work permit

• CLB 4 (English or French) in all criteria

The Steps of a Corporate Stream Application

• Step1
• Research, prepare and submit

application for corporation and key staff

• If approved, sign Performance

Agreement

• Description of business
• Investment amount and timelines
• Number of jobs to be created
• Mandatory business milestones and

timeframes

The Steps of a Corporate Stream Application

• Step 2
• Key staff arrive in Ontario under temporary work

permit within 12 months

• Business establishment – max of 20 months to

meet business plan in Performance Agreement

• Full-time positions must be filled continuously for

at least 10 months

• OINP will monitor business
• Submit Final Report within 18-20 months after

key staff arrive

• If Performance Agreement fulfilled  key staff

can apply for PR nomination certificate

2018-07-30 16

Entrepreneur Stream – Overview

• Steps
• 1. Submit Expression of Interest (EOI)
• 2. If invited to apply, submit application
• If approved, sign Performance

Agreement (PA)

• 3. Under temporary work permit, aim to

meet PA

• If candidate meets PA  nomination

certificate

Entrepreneur Stream – Candidate Requirements

• Experience
• At least 36 months (of last 60) of full-time

business experience

• As a business owner OR as a senior

manager (either one must be selected in EOI)

• Net worth
• Minimum $1,500,000 if business in GTA
• Minimum $800,000 if business outside GTA
• Minimum $800,000 (even in GTA) if ICT /

Digital Communications industry

Entrepreneur Stream – Investment Requirements

• Personal investment
• Minimum $1,000,000 and 1/3 of equity ownership if business

in GTA

• Minimum $500,000 and 1/3 of equity ownership if business
• utside GTA
• Minimum $500,000 and 1/3 of equity ownership if ICT / Digital

Communications industry

• Job creation
• 2 permanent full time jobs for Canadian PR or citizens
• Exploratory visit
• Mandatory in last 12 months if purchasing existing business
• If business partner also seeking nomination, both must meet and

invest minimum requirements

• E.g. 4 jobs and $2,000,000 investment if GTA

2018-07-30 17

Entrepreneur Stream – Business Criteria

• Business must intend to make a profit
• Primary income sources must be from active

(earned) income – not passive

• Proposed business must comply with Canadian

legal and regulatory requirements, as well as labour legislation

• Proposed business must be considered a

permanent business in Ontario

• Third party investors must be a Schedule I or

Schedule II bank or an institutional investor

Entrepreneur Stream – Business Criteria

• List of ineligible businesses
• Varies depending on GTA or outside

the GTA

• Additional requirements if purchasing

existing business Entrepreneur Stream – Candidate Req’s at Nomination

• After WP is issued and prior to being

nominated for PR, candidates must

• Have Active day-to-day management
• f business
• Physically reside in Ontario 75% of

ever year under work permit

• CLB 4 (English or French) in all criteria

2018-07-30 18

The Steps of an Entrepreneur Stream Application

• Step1
• Online Expression of Interest (EOI)
• No fee
• Allows candidate to be in pool for 1

year 2018 Entrepreneur Stream Draws The Steps of an Entrepreneur Stream Application

• Step 2
• Invitation to apply to highest scoring

candidates and payment of fee

• Review of information declared in EOI
• If approved, sign Performance Agreement
• Description of business
• Investment amount and timelines
• Number of jobs to be created
• Mandatory business milestones and

timeframes

2018-07-30 19

The Steps of an Entrepreneur Stream Application

• Step 3
• Arrive in Ontario under temporary work permit within 12

months

• Business establishment – max of 20 months to meet

business plan in Performance Agreement

• Full-time positions must be filled continuously for at

least 10 months and within 10 months of arrival

• OINP will monitor business
• Submit Final Report within 18-20 months after arrival
• If Performance Agreement fulfilled  nomination

certificate for PR

• Masters Graduate
• PhD Graduate
• Express Entry Streams
• Human Capital Priorities Stream
• French-Speaking Skilled Worker Stream
• Skilled Trades Stream

Human Capital OINP Guides

• Masters

http://www.ontarioimmigration.ca/prodconsum/groups/csc/@oipp/ documents/document/oi_app_guide_masters_010517.pdf

• PhD

http://www.ontarioimmigration.ca/prodconsum/groups/csc/@oipp/ documents/document/oi_app_guide_phd_010517.pdf

• EE Human Capital Priorities

http://www.ontarioimmigration.ca/prodconsum/groups/csc/@oipp/ documents/document/oi_en_hcps_010517.pdf

• EE French-Speaking Skilled Workers

http://www.ontarioimmigration.ca/prodconsum/groups/csc/@oipp/ documents/document/oi_en_fssw_010517.pdf

• EE Skilled Trades

http://www.ontarioimmigration.ca/prodconsum/groups/csc/@oipp/ documents/document/oi_en_strades.pdf

2018-07-30 20

International Masters Graduate - Requirements

• No job offer required
• Degree
• Completion of a degree of at least 1 year on a full-time

basis from publicly funded university in Ontario

• Apply within 2 years of receipt of Master’s degree
• Residence
• Currently residing in Ontario with legal status in Canada

OR be outside Canada

• If residing elsewhere in Canada  NOT eligible
• 1 year of residence in Ontario over the past 2 years
• Intends to live and work in Ontario
• No intention to start another degree program

International Masters Graduate - Requirements

• CLB 7 (IELTS, CELPIP or TEF)
• Taken within 2 years of application
• Minimum level of savings/income to

support themselves and their dependents

• Exclusions from eligibility
• International students subsidized

through home country scholarship with return obligations OINP Minimum Funds

• Alternatively, a client can claim ongoing

employment income in Ontario or an Ontario job

• ffer to satisfy the settlements funds

Number of Family Members Funds Required (in Canadian dollars) 1 $12,475 2 $15,531 3 $19,093 4 $23,181 5 $26,292 6 $29,652 7 $33,014 For each additional family member $3,361

2018-07-30 21

International PhD Graduate - Requirements

• No job offer required
• Successful completion of all PhD degree requirements (coursework and

thesis defence)

• Completion of at least 2 years of PhD studies in Ontario from publicly

funded university

• Apply within 2 years of receipt of PhD degree
• Intends to live and work in Ontario
• Legal status in Canada if applicant living in Canada at the time of the

application

• Residency in Ontario for at least 1 year in the last 2 years
• Minimum level of savings/income to support themselves and their

dependents

• Same table as before
• Exclusions from eligibility
• International students subsidized through home country scholarship

with return obligations

Express Entry Streams

• Applicant must have active EE profile to be

eligible for selection by OINP and select Ontario as one of the provinces of interest

• Must meet requirement of FSW, CEC or

FST programs

• Invitation directly through IRCC portal to

selected candidates who meet minimum requirements

• Not every person who meets the

requirements receives OINP Notification

• f Interest (NOI)
• HCP has been following draws in 2018

Human Capital Priorities - Requirements

• Express Entry Ranking
• Minimum of 400 CRS
• Must stay at/above 400 during process of nomination
• Education
• Bachelor’s or above
• Canadian or properly assessed by ECA
• Language Requirements
• CLB 7+ in all criteria in either English or French
• Minimum level of savings/income to support themselves

and their dependents

• Same table as before
• Legal status in Canada (if applicable)

2018-07-30 22

Human Capital Priorities - Requirements

• Work Experience
• Applicants must choose to be assessed against FSW or CEC
• FSW: minimum 1 year of continuous and full-time (1,560

hours or more) paid work experience in NOC 0, A, or B in the past 5 years from the date of the PT Notification

• Or equivalent in continuous part-time work
• 1 year minimum must have been completed in one

specific NOC occupation

• CEC: minimum 1 year of cumulative and full-time

employment (1,560 hours or more) in NOC 0, A, or B in Canada in the past 3 years from the date of the PT notification

• Or equivalent in part-time work

Human Capital Priorities - Requirements

• Intention to Reside in Ontario
• Statement of intent stating reasons to settle in Ontario and

ties to Ontario

• We do Affidavit form, but not required
• Also provide evidence of ties to Ontario, which can include
• Employment in Ontario
• Job offers or jobs applied/interviewed for in Ontario
• Volunteer work in Ontario
• Lease agreements for a residence in Ontario or property
• wnership/deeds
• Professional networks and affiliations
• Family ties
• Social connections or personal relationships
• Previous visits to Ontario

Human Capital Priorities – 2018 Draws

• January 23, 2018: 340 invites | CRS 440 to 446
• January 26, 2018: 380 invites | CRS 433 to 444
• February 8, 2018: 89 invites | CRS 433 to 444
• February 13, 2018: 488 invites | CRS 435 to 441
• February 27, 2018: 511 invites | CRS 433 to 441
• March 28, 2018: 480 invites | CRS 351 to 446 with job
• ffer in Ontario
• March 28, 2018: 299 invites | CRS 351 to 446 with

CLB 7 in French

2018-07-30 23

French-Speaking Skilled Worker - Requirements

• Express Entry Ranking
• No minimum CRS
• Language Requirements
• CLB 7+ in French in all criteria
• AND CLB 6+ in English in all criteria

French-Speaking Skilled Worker - Requirements

• Education
• Same as Human Capital Priorities Stream
• Work Experience
• Same as Human Capital Priorities Stream
• Settlement Funds
• Same as Human Capital Priorities Stream
• Intention to Reside in Ontario
• Same as Human Capital Priorities Stream
• Legal status in Canada (if applicable)

Skilled Trades - Requirements

• Express Entry Ranking
• No minimum CRS
• Eligibility for CEC under EE
• No eligibility under FST required; eligibility under FST is

not sufficient

• Language Requirements
• CLB 5 – minimum CEC requirement for NOC B
• ccupations
• Current residence in Ontario on a WP
• Settlement Funds
• Same as Human Capital Priorities Stream
• Intention to Reside in Ontario
• Same as Human Capital Priorities Stream

2018-07-30 24

Skilled Trades - Requirements

• Work Experience
• 12 months of full-time (or equivalent in part-

time) in Ontario within two years from the date of PT

• Work experience must be in a skilled trade
• ccupation listed in NOC Minor Group 633 or

Major Group 72, 73, or 82

• NOT the same exact list as FST – Major

Group 92 and Minor Group 632 excluded

• Ontario trade certification IF required by trade

Generalities – OINP Fees

• Employer streams
• Foreign worker/In-Demand Skills
• $2,000 if position in GTA
• $1,500 if position outside GTA
• International student – $1,500
• Corporate stream – $3,500 per key staff
• Entrepreneur stream – $3,500
• All Human Capital streams – $1,500

Sample Cover Letter/Submissions (Employer Driven)

• Client and employer identifiers and subject line
• Brief summary
• Employer
• Position
• Duties, hours, wage, benefits
• Recruitment efforts (if applicable)
• Employee
• Education
• Work experience
• Intention to reside in Ontario
• Provide necessary explanations
• Documents not available
• Prior applications
• Information that would not fit in form (e.g. travel history)
• Itemized list of enclosed documents

2018-07-30 25

Sample Cover Letter/Submissions (EE Stream)

• Client identifiers and subject line
• Brief summary
• Eligibility for FSW or CEC
• Breakdown of points for FSW
• Education
• Work experience
• Settlement funds
• Intention to reside in Ontario
• Provide necessary explanations
• Documents not available
• Prior applications
• Information that would not fit in form (e.g. travel history)
• Itemized list of enclosed documents

Generalities – After OINP Nomination

• If proceeding through EE
• OINP enters nomination in EE profile and candidate has

30 days to accept  600 extra CRS points

• If not proceeding through EE
• Successful nominees must apply to IRCC (Sydney) for

PR within 6 months of being nominated

• Extensions will only be granted in cases where

applicants can demonstrate that the deadline for applying to IRCC cannot be or was not met because

• f mitigating circumstances
• Some nominees can also apply to IRCC for temporary

WP (T13)

• Employer-driven streams
• In-Canada applicants under WP can apply for Bridging

Open Work Permit (if no employer restrictions)

Provincial Nominees WP – R204(c) T13 Code

• Available to FNs with a valid nomination for PR from a

province/territory who have a job offer from an employer based in that province/territory

• Requirements
• Offer of employment to a foreign national exempt from a

Labour Market Impact Assessment (LMIA) and proof the employer has paid the employer compliance fee

• Copy of the nomination certificate
• Copy of the acknowledgement letter confirming that IRCC

received the permanent residence application while the nomination was still valid

• Statement from the province that all factors required for the

issuance of a WP under paragraph R204(c) as per its agreement with Canada have been met, identifying the

• ccupation and employer information

2018-07-30 26

Bridging Open Work Permit – BOWP

• PDIs https://www.canada.ca/en/immigration-refugees-

citizenship/corporate/publications-manuals/operational-bulletins- manuals/temporary-residents/foreign-workers/provincial-nominees- permanent-resident-applicants/bridging-open-work-permits.html

• Designed for WP holders who have applied for PR and wish to

extend status as workers while PR is processing

• Qualifying programs: FNs who submitted applications for
• Federal Skilled Worker program(FSW)
• Canadian experience class (CEC)
• Federal Skilled Trades (FST)
• Caring for children or caring for people with high medical needs

class

• Provincial Nominee Program – where there are no employer

restrictions on nominations

Bridging Open Work Permit – BOWP

• Currently in Canada
• Valid status on a WP due to expire within the next 4 months
• Principal applicant on an APR under eligible le classes
• Their APR has received a positive eligibility assessment
• Their electronic application for permanent residence submitted

under Express Entry has passed the R10 completeness check; OR

• They have received a positive eligibility assessment on their paper

APR submitted by mail under one of the economic classes above (R10 letter)

• Always provide nomination certificate for PNP applicants
• Evidence that the nomination is unrestricted
• Don’t forget to pay both WP fee and open WP fee = $255

Internal Review

• New process under Ontario Immigration Act,

2015

• Limited to cases where officer made a clear error

in assessing application

• Request must be made within 30 days of notice
• f decision (if living in Canada) OR 60 days (if

residing abroad)

• Requests made via email to

internalreviewrevisioninterne@ontario.ca

• An internal review will consider eligibility at the

time of the original application

2018-07-30 27

Obligation to Live in Ontario Following Nomination

• OINP applicants make representation

that they intend to settle in Ontario

• Both to OINP and IRCC
• Potential to be accused of

misrepresentation

• Advice clients who relocate to document

and keep records of their original efforts to settle in Ontario Questions

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