Foreign Workers Employer Job Offer

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Ontario Foreign Workers is one of the streams of the Employer Job Offer of OINP, a PNP administered by the province of Ontario. International Companies points out that foreign citizens with professional work practice occupy a legitimate job offer from an Ontario company. To pass, the business offer and Ontario company must meet several conditions. As well, the immigrant worker must meet specified qualification requirements regarding past skilled work practice.

Applicants who are successfully chosen through this stream of Employer Job Offer will be called to submit an approved application for Canadian permanent residency.

Foreign Workers Employer Job Offer

Applicant Eligibility Requirements for the Foreign Workers Employer Job Offer

To qualify for the Employer Job Offer: Foreign Worker Stream in Ontario, the following factors must be met:

  1. Be at least 18 years old; provide evidence that the applicant possesses the minimum necessary, or relevant, entry-level Canadian work experience skills in their field in a skilled occupation that is listed under Canada’s National Occupation Classification (NOC) Type/Level 0, A or B; hold an approved job offer that is full-time and paid in Ontario. Also, the offered wage must follow the minimum salary required to perform the job in Ontario.
  2. Complete a minimum qualification of work experience and a license or authorization from the Ontario regulatory body for the same occupation stated in the job offer.
  3. Intend to live in Ontario.
  4. Hold valid immigration status in Canada, such as a visitor record, study permit, or work permit valid at the time of application if the client is presently in Canada when applying.

Work experience requirements

Applicants must fulfill the program’s work experience prerequisites by meeting the following conditions:

  1. Have worked for a minimum of 2 years full-time, paid, and verifiable on or within 5 years before the submission of the application in Canada or elsewhere.
    • Technically, full-time employment is working at least 30 hours a week in a particular occupation.
  2. Carry out tasks and responsibilities that are similar to the NOC for the trade that is named in the Ontario job offer.
  3. Be in a position to produce a license from the proper authorities if the professional experience is in a permitted career that requires a license.

The applicants can include self-employment periods as the qualifying work experience if it was for pay and in the same NOC code as the advertisement. The OINP also insists on or expects supporting documents, including letters of reference or character, a job description, scores on performance reviews, and job offer advertisements, to ensure that the self-employment offered is in the NOC of the job offer.

License/Authorization Requirement

In light of this, TOEFL has made the following requirements: A license or authorization from the relevant regulating authority in Ontario for the same occupation as contained in the Ontario job offer must be valid for applicants to qualify for the program’s licensing requirement. For more information and additional information on licenses and authorizations in Ontario, the OINP website should be consulted.

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Job offer requirements

For a job offer to be considered suitable under the Employer Job Offer:

  1. The position must be related to a “skilled occupation” in the NOC Type/Level 0, A, B.
  2. The proposed position must be permanent and must be a full-time position with a minimum of 1560 working hours in a 12-month’ working cycle of paid employment.
  3. The offered wage to the applicant cannot be below the median wage rates that would be expected in the region of Ontario where the applicant will be working.
  4. The wage requirements do not apply if the applicant is part of a group that is governed by a collective agreement because it determines employee wages.
  5. A general prohibition has been made on the job offer regarding obstruction of any procedure related to labour disputes or the employees engaged in them.
  6. It shall not harm employment prospects or training prospects for Canadian citizens or permanent residents in Ontario.
  7. The position must be closely related to the employer’s operations and the requirements of the business.

If the job offer is for an occupation that requires a license or authorization in the province of Ontario, the applicant should have the license or authorization at the time of application. Licensure or authorization should therefore be obtained as evidence during the application of the online programs. Any further information about licenses and authorizations is available on the OINP website. 

Ineligible job offers

Certain job offers will be deemed ineligible under the following circumstances:

  1. The position is for a specific time of the year, short hours, or in cases where you hire a subcontractor or work with an agency.
  2. It relates to the determination of any existing labour disputes or the hiring of people in such disputes.
  3. The loan is available to an applicant who or whose family has owned or has shares (equity) in the business unless the shares were issued as stocks to the applicant as an employee benefit and the applicant, together with the family, has shares of not more than 10% of the total shares in the business.

The group of variables constructed in the previous section concerning the respondents’ distribution across the province of Ontario and their demographic and socio-economic characteristics comprises the following independent variables: Intention to reside in Ontario.

Biases at the site include the genuine intention at the time of application of the applicant to reside in Ontario. The OINP may request applicants to demonstrate ties to Ontario, including (but not limited to):

  • Whether the applicant is currently employed and/or has ever been employed in the Province of Ontario.
  • Employment opportunities or offer/receive interviews for employment in Ontario
  • Education completed in Ontario
  • Volunteer work that was carried out in Ontario
  • Lease agreements for the Ontario residential units or interest in the real estate
  • Professional associations and organizations in Ontario
  • Family ties in Ontario
  • Friendship or people networks in Ontario
  • Previous visits to Ontario

Employer eligibility requirements

To qualify under this immigration category, the Ontario employer must meet the following criteria: 

  1. Have been actively conducting business for a minimum of three years. 
  2. Possess business premises in Ontario where the prospective nominee will be employed.
  3. Provide adequate proof of recruitment efforts if the prospective nominee is currently residing abroad, visiting Canada, or employed in a province or territory other than Ontario. 
  4. Adhere to all provincial labour laws, including but not limited to employment standards, health and safety regulations, and labour relations legislation. 
  5. Meet the program’s financial requirements and maintain the specified minimum number of full-time employees: 
    • Employers within the Greater Toronto Area (GTA) must demonstrate: 
      • Minimum gross revenue of $1,000,000 in the most recent fiscal year. 
      • Employ at least five permanent full-time employees who are Canadian citizens or permanent residents at the location where the nominee will work. 
    • Employers outside the Greater Toronto Area (GTA) must demonstrate:
      • Minimum gross revenue of $500,000 in the most recent fiscal year. 
      • Employ at least three permanent full-time employees who are Canadian citizens or permanent residents at the location where the nominee will work. 

When the applicant may work at more than one location, the meaning of ‘place to report to work’ is explained as where the applicant’s immediate supervisor or manager operates or where the administrative office that provides work assignments to the applicant is situated. 

Recruitment Efforts

If the applicant is a foreigner, then the employer may need to provide reasonable evidence of efforts made in recruitment if the applicant resides in any other country, is on a visit to Canada, or is employed in any other province or territory of Canada other than Ontario. However, the OINP does not require proof of reasonable recruitment efforts if:

  • The applicant is authorized to work in Ontario; or
  • The employer has a positive Labour Market Impact Assessment (LMIA) specifically for the NOC code and position being offered to the applicant.

Employer Form

The applicant to be covered must receive from the employer a fully and properly completed and signed Employer Form together with an original, signed, and dated job offer. The employer may be asked to support any data entered on the Employer Form regarding the employee or the job offer. The applicant has to produce all of these documents within six (6) months from the date of signing the document. 

In the case of the application assessment, additional information could be requested from the applicant, which may prove their employer in Ontario to be compliant with the program. For a detailed description of the supporting documents needed and the employers’ requirements in Ontario, one should consult the Employer Job Offer Streams Employer Guide and Checklist.

Application Process Overview

Applying under the Employer Job Offer: The general steps of the foreign worker stream include the following: 

1. Profile Creation and Selection

Before a user makes an application to the OINP, he or she needs to register an Expression of Interest profile. This categorizes them into a database through which they undergo selection based on standards geared towards satisfying the demand in the labour market. 

2. Invitation to Apply

Now and then, Ontario carries out draws on the pool of profiles. Candidates selected in these draws receive invitations to apply for the employer’s job offer.

3. Online Application Submission

The applicants who receive an invitation then follow through with the process and apply through the OINP e-Filing Portal. Ordinarily, it will take about 3 hours to fill out the online application. When applying for registration, the client has 14 calendar days to complete his or her application, and once the 14 calendar days have elapsed, the application expires. 

Before Applying

Foreign workers should note the program’s requirements about the job offer, the applicant, and the employer before initiating the application process. 

Applying

Indeed, during the application process, a person has to scan all the documents to provide them further during the application. Documents not in English or French must be accompanied by a certified translation done by a translator with the ATIO membership; if not, then notarized. If an ATIO-certified translator cannot be found within Ontario, the explanation must be notarized. 

After Applying

Documentation should be accurate, and translations should be certified to avoid compromising the completeness of the application. Under such circumstances, application fees are also not retained, nor is the first installation fee from the consumer. The applicants are required to inform the OINP about any changes in their details within the stipulated program provisions. 

Internal Review

If the applicant does not agree with the decision made by the OINP, he has the right to appeal for internal review within a certain time frame. The scrutiny process takes into account any evidence produced before the decision and new evidence that was not formerly reasonably foreseeable at the point of the substantiation. 

Nomination

Nominees who get approved are issued with a Nomination Approval Letter together with the Confirmation of Nomination, also referred to as the OINP Certificate of Nomination, and it’s in the form of a Letter of Nomination. There are conditions of intention to live in Ontario and start working in the approved position within prescribed time frames or periods.

Obligations and Extensions

Candidates are required to follow all the terms of their nomination, such as to report to OINP any changes in employment. They have to apply for a work permit within six months but must commence work within 10 months from the time of nomination. The changes to the nomination certificate can be made under some conditions, and they are known as extensions to the nomination certificate. 

Potential applicants should hence consult the OINP’s more elaborate information and checklist for this stream.

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