Ontario
The province of Ontario is the most popular destination for new immigrants to Canada. The city of Toronto is in Ontario, and it is an essential place for business. Ottawa is the capital of Canada and the nation and a great place too!
The Ontario Immigrant Nominee Program is a pathway to becoming a Canadian permanent resident. It is designed to recruit people from outside Canada who want to live in Ontario. It can be used by individuals who are not eligible for any other method of immigration.
The OINP Entrepreneur Stream application involves a two-phase process:
Phase I:
- Initiate an online Expression of Interest (EOI) and register it with OINP.
- Prepare and submit the Entrepreneur Stream application, including necessary documents and fees.
- Participate in a mandatory interview during the assessment.
- Sign a Performance Agreement detailing investment and job creation terms with OINP upon approval.
Phase II:
- Obtain a letter supporting a temporary work permit for applying to IRCC.
- Arrive in Ontario on a temporary work permit to establish and execute the business plan within 20 months.
- Upon meeting Performance Agreement conditions, receive a nomination from the Government of Ontario.
- Apply for Canadian permanent residence within 6 months of nomination and undergo 36 months of post-nomination monitoring by OINP.
Eligibility Criteria:
Prospective entrepreneur applicants intending to file an Expression of Interest (EOI) must satisfy the following criteria:
- Accumulate a minimum of 24 months of full-time business experience within the last 60 months either as a business owner or a senior manager.
- Choose between experience as a business owner or senior manager for the EOI and application, not both simultaneously.
- As a business owner, actively participate and own at least one-third of the business.
- As a senior manager, hold significant decision-making responsibilities in the business.
Financial Criteria:
- Meet the minimum net worth requirements, varying based on the business location.
- Provide a verified net worth report by an authorized service provider.
- Make a specified minimum personal investment, depending on the business location and type.
Ownership and Job Creation:
- Maintain a minimum equity ownership of 33.3 percent (one-third).
- Commit to creating permanent full-time jobs based on the business location and nature.
- Visit Ontario for business purposes within 12 months before submitting an EOI, specifically for purchasing an existing business.
- Actively engage in ongoing management of the proposed business.
Other Considerations:
- Avoid investing capital in the business primarily for generating interest, dividends, or capital gains.
- If applying with a business partner seeking nomination, both individuals must meet the outlined criteria separately, with allowance for only one foreign national business partner.
Find out if you are eligible to get in Canada →
Business Minimum Requirements:
- The business’s primary objective should be profit generation through the sale of goods/services.
- The main income sources should stem from active earned income rather than passive unearned income.
- Compliance with Canadian legal, regulatory, industry, and licensing prerequisites is essential for the business’s legitimate operation.
- Adherence to Ontario labor laws, covering employment standards, health and safety, and labor relations, is mandatory.
- Establishment of the business as a permanent entity in Ontario is required.
- For third-party investors, eligibility extends to Schedule I or Schedule II banks or institutional investors.
Additional Guidelines for Purchasing an Existing Business:
- Continuous operation under the same ownership for the 60 months before the applicant’s purchase is necessary.
- Documentation demonstrating ownership and intent to purchase/sale agreement is mandatory.
- Complete transfer of ownership from prior owner(s) to the applicant, business partner (if applicable), and any third-party investor(s) is required.
- No previous ownership/operation by current or former OINP business stream nominees is allowed.
- Preservation of existing permanent full-time jobs is mandatory.
- Additional job creation requirements based on location apply for purchased businesses within or outside the GTA.
- Maintenance of current wage levels and employment terms for existing staff is mandatory.
- The proposed business plan should outline intentions for business growth, with at least 10% of the minimum personal investment allocated for Ontario business improvement or expansion.
Nominations Minimum Criteria:
After establishing the business and fulfilling the performance agreement, entrepreneurs become eligible for a nomination certificate, paving the way for a Canadian permanent residence application.
Requirements for Nomination:
- Demonstrate proficiency in the official language at CLB 4 level or its equivalent, assessed through various language tests.
- Reside physically in Ontario for at least 75 percent (nine months out of the year) during the business establishment period.
- Maintain active involvement in the day-to-day management of business operations.
Additional Notes:
Nominees must sustain adherence to the Performance Agreement terms, including details provided in the EOI and business plan, within 20 months of arriving in Ontario.
Expression of Interest (EOI) Evaluation and Processing Overview:
- Simply meeting the minimum requirements doesn’t guarantee an invitation to apply for the OINP Entrepreneur Stream. EOIs are ranked against each other; only the top candidates receive invitations.
- If applying with a Business Partner, the final score considers the lower submitted score between the two candidates, determining the EOI’s ranking.
- Periodically, a draw at the start of each Processing Period selects top-scoring EOIs for further processing. The “cut-off” score may differ between periods due to varying scores submitted each month.
- EOIs not chosen within 12 months from receipt will be removed. Individuals can reapply once an EOI has been removed.
Interview:
- A mandatory in-person interview at OINP’s offices is required for the entrepreneur applicant (and the business partner, if applicable). It aims to better understand their business plan and past experiences.
- Applicants and their partners are responsible for arranging and covering transportation and associated costs for the interview.
Performance Agreement Overview:
- Upon approval, the applicant (and Business Partner, if applicable) must sign a Performance Agreement with the Ontario government, detailing commitments necessary for nomination for permanent resident status.
- The agreement includes business specifics (industry, location), investment amounts, job creation details, business milestones, and timeframes for commitments.
- Unique to each applicant, the agreement relies on application details, the business plan, and, if conducted, the interview. Failure to meet these commitments renders one ineligible for nomination.
Temporary Work Permit and Business Establishment:
- Post-signing, the OINP issues a Letter of Confirmation enabling the application for a temporary work permit from IRCC.
- Successful applicants must arrive in Ontario within a year of confirmation, have a valid work permit, and have 20 months to execute the business plan and fulfill Performance Agreement commitments.
- Within 18-20 months of arrival, a Final Report demonstrating fulfillment of Performance Agreement objectives must be submitted to the OINP.
Projects rejected by the Province of Ontario
Before starting the application process, the applicant must ensure that his proposed project is not one of the types mentioned below:
- Automated car wash project.
- Holding companies.
- Mortgage brokerage.
- Daily collection loans project and similar projects.
- Scrap metal recycling.
- Tire recycling.
- Businesses engaged in the production, distribution, or sale of pornographic materials or sexually explicit products or services, or the provision of sexually oriented services.
- Projects previously owned/operated by current or former OINP nominees.
Nomination and Requirements:
- Nominees meeting obligations must apply to IRCC for permanent resident status within six months of OINP nomination.
- Actively managing the business, residing in Ontario for nine months yearly during the Performance Agreement, and demonstrating CLB 4 or higher in English or French is essential.
- Meeting federal admissibility requirements, including security and medical checks, is also mandatory.
