Ontario Immigrant Nominee Program Corporate Stream Guide

Transcription

1 Ministry of Citizenship, Immigration and International Trade Ontario Immigrant Nominee Program Corporate Stream Guide Disponible en français Effective: May 18, 2016

2 NOTE: The information in this guide provides details on the Ontario Immigrant Nominee Program. The Government of Ontario reserves the right to change any aspect of the Ontario Immigrant Nominee Program, including any time limits, nomination categories, eligibility criteria, distribution of nominations by category and supporting documentation requirements, at any time and without notice. For the most recent updates to the program, refer to the Ontario Immigrant Nominee Program website at: This guide is made available free by the Ontario Immigrant Nominee Program and is not to be sold. Updated as of May 18, 2016

3 Contents Ontario Immigrant Nominee Program Corporate Stream Guide... 1 Overview of the Corporate Stream... 1 About the Corporate Stream... 1 About the Corporate Stream Guide... 1 Overview of Process (Steps)... 1 STAGE STEP 1: Preparation before you Apply Ineligible Types of Businesses Eligibility Criteria... 5 A. Corporate Requirements... 5 B. Investment Requirements... 5 C. Local Job Creation Requirements D. General Requirements... 7 E. Purchasing an Existing Business in Ontario... 7 F. Key Staff and Position Requirements... 8 STEP 2: How to Apply Authorizing a Representative Components of the Application Document Translation and Notarization STEP 3: Submitting your Application Applicant s Statements and Authorization Privacy and Confidentiality Where to Submit Corporate Stream Processing Fee Changes in Personal Information Incomplete Applications STEP 4: After you Apply Application Assessment and Prioritization Third Party Business Plan Assessment... 17

4 4.3 Mandatory Interview Withdrawing your Application STEP 5: If your Application is Approved Performance Agreement STAGE STEP 6: Before you Arrive Temporary Work Permit STEP 7: Business Establishment Arrival Building your Business Monitoring of Business Final Report STEP 8: Nomination Nomination A. Key Staff Position B. Residency Requirements C. Language Requirements Applying for Permanent Resident Status to Immigration, Refugees and Citizenship Canada (IRCC) STEP 9: After Nomination Contact Information Glossary Appendix 1: Criteria for Land Development and Leasehold Companies Appendix 2: Finding the Position NOC Code Appendix 3: Test Score Equivalency Charts for Language Requirement Appendix 4: Businesses Plan Guide Appendix 5: Corporate Stream Document Checklist... 41

5 Overview of the Corporate Stream About the Corporate Stream The Ontario Immigrant Nominee Program s Corporate Stream helps and supports established international corporations looking to expand into Ontario or buy an existing business in the province. Once your business has been successfully established and meets the obligations of the Performance Agreement, a maximum of 5 key staff that are essential to the establishment, continued operation and the success of the business can become eligible for nomination for permanent resident status. About the Corporate Stream Guide The OINP Corporate Stream Guide provides information about eligibility criteria, the application process, and the documents that the corporation and key staff must provide in order to participate in the Corporate Stream. Please review the information in this guide carefully before you apply to ensure that the corporation and key staff meet all eligibility requirements. All dollar figures in this guide are expressed in Canadian dollars. A Glossary of Key Terms is located at the end of this document. Terms written in blue font within the guide indicate that additional term information can be found in the Glossary Overview of Process (Steps) The following are the steps to participate in the Corporate Stream: You must submit a complete application package to the OINP. This complete application package must include the corporate application, the business plan, the key staff applications and all required supporting documents. If your application is approved, you will sign a Performance Agreement outlining the commitments you have made to invest and create jobs in the province. Your key staff will be issued temporary work permit support letters to apply for a temporary work permit from Immigration, Refugees and Citizenship Canada (IRCC) 1 in order to establish your business in Ontario. If your business meets the commitments in your Performance Agreement, your key staff may be eligible to be nominated by Ontario for permanent resident status. 1 Previously known as Citizenship and Immigration Canada (CIC) 1

6 Successful nominees must apply to IRCC for permanent resident status within six (6) months of being nominated by OINP. Below is a chart of the Corporate Stream process, outlining the detailed steps from the submission of an application to confirmation of nomination by OINP. 2

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8 STAGE 1 STEP 1: Preparation before you Apply Please take the time to read the entire guide before submitting the corporate application. NOTE: Any reference to you in this Corporate Stream Guide refers to the company signing officer. We encourage you and your key staff to visit Ontario to learn about potential opportunities for your corporation and to obtain a better understanding of the local business environment. An exploratory visit gives you and your key staff the opportunity to: Discover and evaluate potential business opportunities Make local business contacts Learn more about where you would like to do business within the province Before submitting an application, ensure that your business is not on the list of ineligible types of businesses, that you meet all the minimum eligibility requirements and that you will be able to provide supporting documentation as evidence that you meet all of the Corporate Stream requirements. 1.1 Ineligible Types of Businesses Your proposed business cannot be included in the list of ineligible businesses. Ontario will not process applications where there is a risk of little to no long-term economic benefit. List of ineligible types of businesses in the GTA: Existing Franchises in Ontario (new foreign franchises expanding into Ontario are permitted) Gas Stations Tire Recycling Scrap Metal Recycling Pawnbrokers Bed and Breakfasts Holding Companies Laundromats Automated Car Wash Operations Payday loan and related businesses 4

9 Businesses which have been previously owned / operated by current or former OINP business stream nominees List of ineligible types of businesses outside of the GTA: Tire Recycling Scrap Metal Recycling Pawnbrokers Holding Companies Laundromats Automated Car Wash Operations Payday loan and related businesses Businesses which have been previously owned / operated by current or former OINP business stream nominees 1.2 Eligibility Criteria A complete application for the Corporate Stream must include the corporate application and all key staff applications, along with all of the required supporting documents. Assessment of Stage 1 applications will be a concurrent assessment of the corporate application and the key staff applications. The corporate application and key staff applications must be assessed and brought to a decision together. You will be required to provide supporting documentation to demonstrate that you meet all requirements. To be eligible for the Corporate Stream, the corporation and key staff must meet the following requirements: A. Corporate Requirements The corporation must have been established for at least 36 months at the time of application. B. Investment Requirements The corporation must make a minimum investment of $5 million to expand into Ontario or purchase an existing business in the province. The source of investment funds must have been obtained from legal sources. The proposed investment activity must be of significant economic benefit to Ontario. This will be determined through an assessment of the corporation's business plan. 5

10 If the corporation is intending to purchase an existing business in Ontario, there are additional criteria. See Section E: Purchasing an Existing Business in Ontario for more information. If the business to be established in Ontario is a land development or a leasehold company, please refer to Appendix 1. C. Local Job Creation Requirements The corporation must create 5 new full-time permanent jobs for Canadians or Permanent Residents per each key staff. For example, if you are proposing 5 key staff, you must create 25 full-time permanent jobs in the business for Canadians or Permanent Residents in Ontario. Positions must be paid at or above the prevailing wage level for that position. A full-time job means a position that consists of a minimum of 1,560 hours of paid employment in a 12-month period. The position must be continuously filled for at least 10 months prior to the submission of your Final Report (see Section 7.4 for information on the Final Report). The following are not considered permanent, full-time employees even if the employee works 1,560 hours in a 12-month period: Seasonal or part-time employees, regardless of their working hours Subcontractors or agency workers Employees who do not work on the company s premises, such as employees who work from home, or employees who work in a virtual office and serve the employer by telecommuting. Important: Wage Requirements The OINP expects that all employees will receive pay for hours worked according to the information provided by the employer in the proposed business plan. The OINP requires that a wage offer made to an employee be described on the basis of the individual s hourly wage expressed as either a) hourly pay and hours per year, or b) weekly pay and weeks per year. This allows the program to verify that employees will be appropriately remunerated. 6

11 Please note: The program does not consider remuneration by piece work, bonuses, commissions, vacation pay or non-financial compensation as comprising part of an employee s offered wage. An employer may offer an employee piece work, bonuses, commissions, or non-financial compensation in addition to base pay. However, these will not be considered part of the employee s hourly or weekly base pay. Additionally, the hourly or weekly base pay offered to the employee must meet or exceed the prevailing wage established by occupation and region on the federal government s Job Bank website. D. General Requirements In addition to meeting the minimum requirements, the applicant corporation must meet the following requirements to be considered for the Corporate Stream: There must be a clear structural linkage between the Parent Corporation and proposed new business in Ontario (e.g. a subsidiary, branch or affiliate of the corporation). The business must intend to make a profit through the sale of goods and / or services. Primary income sources must be from active (earned) income, not passive (unearned) income. The proposed business must comply with Canadian legal requirements and all regulatory industry and licensing requirements which govern its legitimate operation. The proposed business must comply with all provincial labour laws, including but not limited to employment standards, health and safety, and labour relations legislation. The proposed business must be considered a permanent business in Ontario. You must submit a business plan (see Appendix 4). E. Purchasing an Existing Business in Ontario If the applicant corporation is interested in purchasing an existing business in Ontario, it is your responsibility to ensure that the business you are purchasing meets all the minimum eligibility requirements. Other requirements specific for purchasing an existing business: 7

12 Any existing business must have been in continuous operation by the same owner for the previous 60 months (proof of ownership and either a letter of intent to purchase the business or sale agreement is required). The purchase must completely transfer ownership from the previous owner(s) to the corporation. The business must not have been previously owned / operated by current or former OINP business stream nominees. The proposed business plan must grow the business; buy-and-hold strategy business plans with no intent to grow the business are not permitted. You must maintain at a minimum the current wage levels and employment terms of existing staff. You must meet the job creation commitment. You must preserve all existing permanent full-time jobs. While OINP does not encourage applicants to make any investment prior to signing a Performance Agreement with OINP and obtaining a valid temporary work permit from IRCC we will accept investments made 12 months prior to application. Signing an agreement to purchase a business and/or making a deposit prior to the approval of your application is solely at your own risk. OINP does not guarantee that you will be approved if you have already made investments in the province. F. Key Staff and Position Requirements Applicant corporations may request up to 5 key staff who will establish the business in Ontario and who are seeking nomination to permanently relocate to the province. These are the prospective nominees. All key staff must meet Stage 1 requirements at the time of application in order for the complete application to be approved. A complete application for the Corporate Stream must include the corporate application and all key staff applications, along with all of the required supporting documents. Assessment of Stage 1 applications will be a concurrent assessment of the corporate application and the key staff applications. The corporate application and key staff applications must be assessed and brought to a decision together. Please note that there is no substitution or replacement of key staff at this stage if the key staff is found to not meet the key staff and position requirements. It is your responsibility to ensure that the key staff meets all requirements. In Stage 1, if the key staff does not meet the key staff and position requirements, your application may be denied and your application fee will not be returned. 8

13 Key staff must also meet additional nomination requirements once the business has met commitments outlined in the Performance Agreement (Stage 2) in order to be considered eligible for nomination. Stage 1: Application Requirements The key staff must be essential to the establishment and operation of the proposed business. Key staff must be in a senior, executive, management or specialized knowledge capacity (National Occupation Classification 0 or A) in the applicant corporation's existing business. Only one key staff in a NOC A position can be proposed. For information on the National Occupation Classification, and for information on how to find the NOC Code for the position to be filled, see the Appendix 2: Finding the Position NOC Code. The key staff must have at least 36 months of experience in the last 60 months in the intended occupation (the position they will hold in the proposed business in Ontario) with the applicant corporation. The key staff must also be continuously working for the applicant corporation in that position in the immediate 12 months prior to the submission of the application. Key staff must not have an immediate family relationship with any member of the corporation s Executive Board or Board of Directors or shareholders with more than 10% equity in the applicant corporation. Immediate family members include spouse, mother, father, sister, brother, grandparents and spouse s immediate family members. Key staff must not hold equity in the company, except in the case where that equity has been obtained as part of the remuneration package as part of the employee contract, in which case the equity held by the key staff must be less than 10% of the corporate applicant s business. Supporting documents to demonstrate that the equity is part of the remuneration package must be included with the key staff s application (e.g. employment agreement) outlining the terms of the equity. The key staff position in the proposed business in Ontario must be a permanent full-time position and meet the prevailing wage levels. 9

14 Stage 2: Nomination Requirements: These requirements will be assessed at Stage 2: Nomination after the business has met Performance Agreement commitments. Key staff must meet these requirements in order to be nominated for permanent resident status. Key staff must be in the position for which they were approved by OINP and carrying out the approved job duties. The key staff must physically reside in Ontario for at least 75% of each year (9 months out of the year) that they are in Ontario under a temporary work permit to support the business. The key staff must have a language proficiency equivalent to Canadian Language Benchmark (CLB) 5 demonstrated through the following International English Language Testing (IELTS) General Test Scores and Test d'évaluation de Français scores in each language proficiency: o Listening: IELTS 5 or TEF o Reading: IELTS 4 or TEF o Writing: IELTS 5 or TEF o Speaking: IELTS 5 or TEF For more details, see Appendix 3. STEP 2: How to Apply 2.1 Authorizing a Representative The applicant corporation and key staff are not obliged to hire a representative. However, if the applicant corporation or the key staff wishes to authorize an individual to act on their behalf with OINP, they must submit the Authorizing or Cancelling a Representative with their application. The applicant corporation and key staff can have separate representatives, but each representative may only be appointed through the Authorizing or Cancelling a Representative. If a new representative is appointed, a new Authorizing or Cancelling a Representative form must be submitted. The previous representative will no longer be authorized to conduct business on the applicant corporation or key staff s behalf or receive information about the corporation s application. 10

15 Paid Authorized Representatives are defined by the Immigration and Refugee Protection Act (IRPA). Paid authorized representatives are: Immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC#Glossary); Lawyers who are members in good standing of a Canadian provincial or territorial law society, along with students-at-law under their supervision; or, Notaries who are members in good standing of the Chambre des notaires du Quebec. If the applicant corporation authorizes a paid representative who does not qualify as a paid authorized representative, you will be contacted by OINP and advised that the individual must be removed or replaced as the representative. If you designate a new authorized representative, all communications will be forwarded to the new representative. Otherwise, processing of your file will continue without representation. 2.2 Components of the Application The Application forms are available for free download from the OINP website. There are two forms which can be downloaded separately. Stage 1 Application: Ontario Corporate Stream Stage 1 Application: Ontario Corporate Stream Key Staff To be eligible for the Corporate Stream, there are two components to the application that must be submitted together: 1. Corporate Application: Includes the corporate application form, the corporation s business plan, and any supporting documentation required from the applicant corporation. 2. Key Staff Application: Includes the key staff application form and any supporting documentation required from the key staff. See Appendix 5 for complete list of all supporting documentation for the applicant corporation and the key staff. This checklist should be used to ensure you have included all supporting documents in your application package. All necessary forms can be found on the website: Officers assessing the application may request other documents not listed in the checklist if they deem that these documents are necessary to assess the application. Failure to provide the requested documents in the timelines requested by officers will result in the refusal of the application. 11

16 Only send copies of supporting documents unless otherwise stated. Do not submit originals of civil documents (e.g. birth certificate or passport) as the application will not be returned. You are strongly encouraged to create a copy of your complete application package prior to submission. 2.3 Document Translation and Notarization If a supporting document is not in English or French, you and / or your key staff must provide a copy of the document and a complete, certified translation of the document. If the applicant corporation is applying from within Ontario, the translations must be completed by a certified translator accredited by the Association of Translators and Interpreters of Ontario (ATIO). For more information on certified translators in Ontario, visit If the applicant corporation is applying from outside Ontario, the translation can be completed by any translator. However, the translation must be notarized. OINP reserves the right to require the applicant corporation to submit translations completed by a certified translator accredited by ATIO if the notarized translation is deemed insufficient by officers assessing the application. You are responsible for all translation and notarization costs. Applications with translations that are not complete, certified or notarized are considered incomplete and will not be processed. Translations that are completed by you, the key staff, either of your representatives, or other individuals with personal ties to you or the key staff are not acceptable in any case even if these individuals are certified translators. STEP 3: Submitting your Application 3.1 Applicant s Statements and Authorization Applicants should read and understand the authorizations and certifications set out in this application. Any applicant that does not agree with any of these or is not prepared to abide by them should not submit an application. If any amendments are made to the authorizations and certifications in the form, the application will be treated as an incomplete application and will be returned to the applicant. 12

17 3.2 Privacy and Confidentiality The OINP is bound by the Freedom of Information and Protection of Privacy Act (the Act ). The Act provides a general right of access to information in the custody or control of institutions, which includes Ministries. However, the right of access to information is limited by a set of exemptions and exclusions. In this regard, section 17 of the Act protects certain third party information (i.e., information that applicants might submit to the Program) from being disclosed in response to an access to information request. More specifically, s. 17 of the Act states: 17. (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied; (c) result in undue loss or gain to any person, group, committee or financial institution or agency; or (d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute. Assuming an applicant s information meets the three-part test included in s. 17 that is, that the information is the type of information that the Act contemplates protecting, the information was supplied in confidence as the Information and Privacy Commissioner has interpreted that term, and the disclosure of the information could reasonably be expected to result in one of the enumerated harms then the OINP is prohibited from disclosing any such information in response to 13

18 an access to information request. We, of course, cannot advise you on whether any particular applicant s information satisfies this test. However, we note that, in the event the OINP receives such a request for an applicant s information, the OINP would be obligated under s. 28(1)(a) of the Act to provide the applicant with notice of the request, along with an opportunity to make representations as to why its information should be exempt from disclosure. For greater certainty, the applicant should clearly identify any confidential or commercially sensitive information included in its application as such. 3.3 Where to Submit All applications should be submitted together as one package. Submit the completed application package by mail, courier or personal delivery to: Ontario Immigrant Nominee Program Ministry of Citizenship, Immigration and International Trade 400 University Avenue, Ground Floor Toronto, Ontario M7A 2R9 If you are submitting your application in person, please note that reception staff are not authorized to provide application advice or review applications for completeness. When submitting the application in person, you must place the complete application package in a drop box in the reception area. You will receive correspondence from OINP by mail and / or Corporate Stream Processing Fee A processing fee of $3,500 per key staff is used to process the application. The processing fee is per 1 key staff. For example, if you have 3 key staff, you must send 3 certified cheques of $3,500. Each certified cheque must be attached to an individual key staff application. There is no processing fee for the corporate application. The fee must be attached to each key staff application, or the application will not be processed. All fees must be made payable to the Ontario Minister of Finance. Payments must be made in Canadian dollars only. No other currency will be accepted. Check the appropriate boxes to indicate the method of payment and the amount enclosed. Acceptable Methods of Payment: Money Order Cashier / Certified Cheque 14

19 Postal Money Order Bank Draft Please note that OINP will not accept: Cash Personal cheques Credit card payments Any amount of funds other than those in the fee schedule above Fees are non-refundable. The province of Ontario charges fees to partially recover the cost of administering OINP. Since the processing fee helps pay for the cost of processing applications, it will not be refunded even if the application is not successful, if you withdraw the application at any stage of the process, or if the province cancels or withdraws the nomination. The processing fee only covers processing by OINP. Costs such as translation, certification, notarization, travel, accommodation and incidentals (for exploratory visits, mandatory interviews or otherwise) are paid by the applicant corporation. Once OINP nominates an individual, that nominee must apply directly to IRCC for a temporary work permit and permanent resident status. Regular IRCC processing fees will apply. 3.5 Changes in Personal Information OINP must be notified if there are any changes to the information provided on the Corporate or Key Staff application forms, including (but not limited to): Key staff Change in immigration status (expiration or change in temporary work permit for key staff) Change in contact information (for both applicant corporation and key staff) Change in family composition (for key staff) due to: o Marriage or common-law relationship o Birth of a child o Change of custody of a child o Divorce / separation o Death Corporation Any pertinent changes in information in your application Any change in company signing officer status 15

20 In the event of any changes, you and or the key staff must complete the Change of Information form. The form can be downloaded from the OINP website. Completed forms should be submitted to OINP by mail, fax or attachment. Failure to notify OINP of any changes to personal information will impact the outcome of OINP and IRCC applications. Additional supporting documents may be submitted by mail, fax or if they are related to changes in the applicant corporation or key staff s mailing address, contact address, accompanying dependents, designated representatives, or if the additional information is specifically requested by OINP. Your OINP File Number must be included with all change related correspondence. You assume all risk associated with any electronic transfer of information to OINP. OINP is not liable for any damages that may arise from interception, loss or theft of your personal information while in transit. 3.6 Incomplete Applications OINP does not accept incomplete applications and will return them to applicants. In cases where OINP returns incomplete applications to applicants, OINP will also return the enclosed processing fees. The application may be deemed incomplete if: Application form is illegible or incomplete (all fields must be completed and questions that are not applicable should be marked N/A ), Required Supporting Documents are not provided, or Documents requiring translation are not certified or notarized. You are responsible for all contents of your application. STEP 4: After you Apply 4.1 Application Assessment and Prioritization Once OINP has received your Corporate Stream processing fee and all required documentation, your complete application will be assessed. Only complete applications will be accepted. All information that you provide will be verified to ensure accuracy, legitimacy and completeness. 16

21 Processing times are to be determined. Please keep checking the program website for updates. Applicants will receive an acknowledgement to indicate that their application has been received if the application is complete. Case-specific status inquiries must be sent to OINP at or by mail. 4.2 Third Party Business Plan Assessment In the event that OINP requires a third party to assist in the assessment of the applicant corporation s business plan, all costs associated with the third party business plan assessment will be incurred by the applicant corporation. 4.3 Mandatory Interview You (Company Signing Officer) and all proposed key staff may be required to attend a mandatory interview (in person) at the OINP offices. The purpose of the mandatory interview is to get a better understanding of your business plan and the key staff s past experience. You and the proposed key staff will need to appear for the interview shortly after you have submitted your complete application. The applicant corporation is responsible for all transportation arrangements and costs incurred associated with the interview. OINP will not provide financial or other support, and will not support with acquiring visas. If you and the key staff are unable to attend the interview, your application will be denied and your processing fee will not be returned. 4.4 Withdrawing your Application If you choose to withdraw your application, please contact OINP. Your processing fee will not be returned. You may submit a new application once you receive an OINP confirmation letter regarding your withdrawn application. There is no substitution or replacement of the key staff during Stage 1: Application. If the proposed key staff no longer wishes to participate in the program while the application is being assessed the company signing officer must withdraw the active application package. If a key staff member no longer wishes to participate in the program after the application has been approved and the business is being established in Ontario, the key staff application may be withdrawn. The company signing officer and the key 17

22 staff member must inform OINP, in writing, the key staff member s intention to withdraw from the program. Once accepted, OINP will withdraw support for the key staff member s temporary work permit and they will not be eligible for nomination. STEP 5: If your Application is Approved 5.1 Performance Agreement If your application is approved, you will be required to sign a Performance Agreement with OINP. This application will outline the commitments that the applicant corporation must achieve in order for the key staff to be eligible for nomination for permanent resident status. This document will include, but may not be limited to: A description of your business (including industry and its location) The investment amounts and timelines The number and type of positions to be created for Canadian citizens or permanent residents Mandatory business milestones and achievements (depending on your specific business) Timeframes for any commitments Performance Agreements are unique to each applicant corporation and are based on the information provided in the corporate application, the business plan and the interview. If you fail to satisfy OINP that the business has successfully met the business commitments outlined in the Performance Agreement, the key staff will not be eligible to be nominated for permanent resident status. STAGE 2 We will provide you with your Stage 2 nominee application forms if you have met your Performance Agreement commitments. 18

23 STEP 6: Before you Arrive 6.1 Temporary Work Permit Once you have signed the Performance Agreement, OINP will issue a Letter of Confirmation enabling the key staff to apply to Immigration, Refugees and Citizenship Canada (IRCC) for a temporary work permit. This letter constitutes support for your application for a temporary work permit in Ontario. The temporary work permit will allow your key staff and their families to move to Ontario. Note that temporary work permits are not issued by OINP. The key staff must apply through IRCC. A temporary work permit is the official document issued by the Government of Canada that allows a foreign national to legally work on a temporary basis in Canada. OINP reserves the right to withdraw support for your key staff s temporary work permit if they no longer meet eligibility criteria. STEP 7: Business Establishment 7.1 Arrival After you sign the Performance Agreement, the key staff must arrive in Ontario with their valid temporary work permit issued by IRCC within 12 months from the date of their Letter of Confirmation. If key staff do not arrive within 12 months from the date of their Letter of Confirmation, your application to OINP will be withdrawn. You must designate one of your key staff as the primary contact person for all OINP matters. The primary contact person must inform OINP of their arrival within 7 days from the date of arrival in Ontario. The commitments outlined in the Performance Agreement commence from the date of arrival of the primary contact person. 7.2 Building your Business Once the key staff have arrived in Ontario, you have up to 20 months from the date that you arrive to implement the business plan, actively manage the business and meet all of the commitments outlined in the Performance Agreement. 19

24 You must ensure that the required permanent full-time jobs must be continuously filled for at least 10 months, up to the day you submit your Final Report. OINP reserves the right to withdraw their support for the key staff s temporary work permits, if the business does not meet commitments outlined in the Performance Agreement. 7.3 Monitoring of Business To ensure your business stays on track with the commitments outlined in the Performance Agreement, and to assist with any issues you may have, OINP Officers will monitor your business. Monitoring may include visiting your business. In addition, you will be required to provide Quarterly Reports and a Final Report. 7.4 Final Report The applicant corporation is responsible for submitting a Final Report to OINP between 18 and 20 months after the key staff arrived in Ontario with their valid temporary work permits. A template for the Final Report will be provided. Please note that a Final Report to initiate the nomination process cannot be submitted earlier than one year from arrival and only after OINP has completed the required monitoring. The Final Report must be submitted to OINP in order to initiate the nomination process. In your Final Report, it is your responsibility to demonstrate that the applicant corporation has met the commitments outlined in the Performance Agreement. OINP will review and evaluate your Final Report and may request additional information if required. Additionally, OINP officers may at their discretion conduct a site visit of your business. STEP 8: Nomination If you are successful in meeting the commitments outlined in your Performance Agreement, your key staff will be eligible to apply for nomination. OINP will provide key staff applicants with the application form and application guidelines at that time. If they are meet the nomination requirements and are approved, they will receive a Letter of Nomination along with the applicant s (now nominee) Ontario Immigrant Nominee Program Confirmation of Nomination document. 20

25 The nomination will complete OINP s support for the key staff applications for permanent resident status to IRCC. OINP may choose to withdraw their support for the key staff s nomination at any point if the applicant corporation or the key staff no longer meets the eligibility criteria. 8.1 Nomination After OINP has confirmed that the corporation has met commitments outlined in the Performance Agreement, the key staff must meet the following general nomination criteria to be considered for nomination: A. Key Staff Position Key staff must be in the position for which they were approved by OINP and carrying out the approved job duties. B. Residency Requirements The key staff must reside and be physically present in Ontario for 75% of each year (9 months out of the year) that they are in Ontario under a temporary work permit to support the business. C. Language Requirements At the time of nominee application submission, key staff must have language proficiency at a Canadian Language Benchmark (CLB) 5 level in all categories (reading, writing, speaking, and listening). After the corporation has met the performance agreement, each key staff is responsible for his / her own nomination eligibility. If one key staff does not meet all of their general nomination requirements, other key staff may still be eligible for nomination if they meet all of the requirements. 8.2 Applying for Permanent Resident Status to Immigration, Refugees and Citizenship Canada (IRCC) Successful nominees must apply to IRCC for permanent resident status within 6 months of being nominated by OINP. 21

26 The key staff s application to IRCC must include a copy of the Letter of Nomination and a copy of the Ontario Immigrant Nominee Program Confirmation of Nomination document in addition to the application for Permanent Residence. If key staff are nominated for permanent resident status by OINP, the IRCC reserves the right to deny their application for permanent resident status, based on inadmissibility to Canada (e.g. health, security, criminal or other inadmissibility). IRCC has the final decision-making authority for all permanent resident status applications. For more information on applying for permanent resident status, please visit IRCC s website. STEP 9: After Nomination Post-nomination monitoring will continue for a period of 36 months after the attainment of permanent resident status. Contact Information For any questions about the Corporate Stream please contact us at: Mail Ontario Immigrant Nominee Program Ministry of Citizenship, Immigration and International Trade 400 University Avenue, Ground Floor Toronto, Ontario M7A 2R9 Phone or Toll-free: (within North America only) business.immigration@ontario.ca 22

27 Glossary Buy-and-hold strategy: A passive investment strategy in which an investor buys a business with no intent to grow it, thus minimizing the economic impact and potential job creation benefits to Ontario. Business Plan: A written document outlining business goals in detail and plans for attaining them. Cash: Money (currency) in coins or notes, as distinct from cheques, bank drafts, money orders or credit. CLB: Canadian Language Benchmark. Company Signing Officer: Officer or representative vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Final Report: A document containing detailed information regarding why or why not you have met the commitments defined in the Performance Agreement. GTA: The GTA is the City of Toronto, Durham, Halton, York and Peel regions. ICCRC: Immigration Consultants of Canada Regulatory Council. IRCC: Immigration, Refugees and Citizenship Canada. Mandatory Interview: A required face to face meeting held in order to gain a better understanding of your business plan and past experience of the corporation and key staff. MCIIT: Ministry of Citizenship Immigration and International Trade. New Business: A new commercial entity developed with the intent of profiting financially. National Occupational Classification (NOC): The authoritative resource on occupational information in Canada used to understand jobs found throughout Canada's labour market. National Occupational Classification (NOC) Skill Type 0: Management and C- suite/executive jobs (e.g. Chief Financial Officer, Director of Information Technology, Sr. Vice President of Engineering, etc.). 23

28 National Occupational Classification (NOC) Skill Level A: Professional jobs requiring a university degree (e.g. doctors, dentists, architects, etc.). National Occupation Classification (NOC) Skill Level B: Technical jobs or skilled trades requiring a college diploma or training as an apprentice (e.g. chefs, electricians, plumbers, etc.). National Occupation Classification (NOC) Skill Level C: Intermediate jobs (e.g. long-haul truck drivers, butchers, food and beverage servers, etc.). National Occupation Classification (NOC) Skill Level D: Labour jobs, where on-the-job training is usually given (e.g. cleaning staff, oil field workers, fruit pickers,etc.) OINP: Ontario Immigrant Nominee Program. OINP Officers: Ontario Immigrant Nominee Program Officers responsible for conducting application assessments. Permanent Job: Continuous employment in a position designated as permanent and which has no specified end date. Performance Agreement: A contract between you and the Province of Ontario outlining the terms, conditions and commitments that a business must meet in order for all key staff (and their families, if applicable) to receive nomination for Permanent Resident Status from OINP. Personal Ties: Anyone that you or your key staff knows prior to seeking out the requested services. Prevailing Wage: Defined as the average hourly wage, salary or taxable benefits package for a specific job (occupation) in a specific industry. Information about wage levels in different occupations can be found on the Government of Canada Job Bank ( selecting Explore Careers: Wages. Job Bank identifies prevailing wage as median wage and entry-level wage as low wage. Proprietary Information: Information that a company wishes to keep confidential or protected (can include formulas, processes, methods used in production, marketing plans, systems, etc.). Supporting Documentation: Documents that support and provide proof for statements made in the application (e.g. Birth Certificate to confirm birth date). Telecommuting: Remote work arrangement where employees do not commute to a central location to work. 24

29 Virtual Office: Business location that exists only in cyberspace allowing employees and business owners to work from any location by using technology. You: Company Signing Officer Your application: refers to the application in its entirety including all forms and supporting documentation for key staff and the corporation. 25

30 Appendix 1: Criteria for Land Development and Leasehold Companies Corporate Stream General target applicant criteria: The corporation must have an established business record of at least 36 months and seek to expand their core business to Ontario Eligible corporate structures include: sole proprietorship, partnerships and public corporations Corporations must be incorporated in Ontario Proposed activity must meet Immigration and Refugee Protection Regulations, and other federal and provincial regulatory requirements Key staff members must meet nominee eligibility and work experience requirements (see chart above) Additional criteria and due diligence requirements for land development and leasehold companies: Limit of 3 projects per year Make a minimum investment of $10 million The proposed activity must be a permanent, ongoing business (not projectbased) that seeks to expand or improve the current status of the land site, as well as ensure that the investing company has an ongoing and active management role in the proposed business Eligible leasehold companies must produce the proposed good or deliver a service of their own and not just set-up to manage the operations of other companies to make a profit Eligible land development companies have to demonstrate that the proposed business is a long-term and non-speculative investment and that the associated land development will be an integral part of the core ongoing business enterprise The proposed investment amount cannot be solely used for the purpose of buying the land and cover construction costs Provide local site certification documents and/or related local planning authority approvals In the two-year monitoring period, the corporation must demonstrate that all of the commitments outlined in the Performance Agreement are met to setup the proposed operations and support the ongoing business in order to be eligible for nomination. 26

31 Appendix 2: Finding the Position NOC Code To find the NOC code of the offered position, visit the website of the National Occupational Classification (NOC) 2011, the authoritative resource on occupational information in Canada. For example, if the offered position is Corporate Sales Manager in the Toronto Region, follow the steps below to find the NOC code: Step 1: Visit the following NOC website and enter the title of the offered position in the quick search field: 27

32 Step 2: Select the most relevant result. Step 3: Review the lead statements, main duties, and employment requirements of the position to ensure that they match the duties and qualifications for the offered position, not just the title of the position. Choose the NOC code that most accurately reflects the offered position. Example: Selected: Corporate Sales Manager NOC Code

33 Appendix 3: Test Score Equivalency Charts for Language Requirement Canadian English Language Proficiency Index Program (CELPIP) General 2014 Test score equivalency chart CLB Level Reading Writing Listening Speaking International English Language Testing System (IELTS) General Training Test score equivalency chart CLB Level Reading Writing Listening Speaking

34 International English Language Testing System (IELTS) General Training Test score equivalency chart CLB Level Reading Writing Listening Speaking Test d'évaluation de français (TEF) Test score equivalency chart CLB Level Reading Writing Listening Speaking

35 Appendix 4: Businesses Plan Guide What is a Business Plan? A Business Plan is a written document that describes your proposed business in detail, including: The purpose and objectives of your proposed business including what it is selling, who are its customers and how it will operate How your proposed business will achieve the purpose and objectives What are the operational and financial goals of the business What challenges lie between the execution of your business plan and the achievement of its purpose, objectives and goals What is your plan to overcome the challenges (e.g. sales, advertising, pricing, marketing, competition, industry regulations, cash flow and finances, changing market conditions, hiring the right people) Supporting Documentation A strong Business Plan contains supporting documentation. Wherever possible, empirical evidence is preferred to theoretical evidence and should be provided to support the claims and intentions of the Business Plan. Some examples of supporting documentation evidence are: financial statements, tax statements, sales forecasts, competitor analysis, industry statistics, market trend data, employee staffing and human resource plans, risk assessments, applications for licenses or permits and industry association memberships. Since every business is different, there is no perfect standard for Business Plans. Your plan may be to buy and improve an existing business, or you may plan to start an entirely new business. However, the process of collecting evidence and supporting documentation will lead to a stronger overall Business Plan because it forces you to think about every aspect of your business, and how it will succeed. Submission of supporting documentation to OINP is a mandatory requirement for OINP to nominate key staff (and their families, if applicable) for permanent resident status. Monitoring your Business Plan and the Performance Agreement If you apply to the program and your application is approved, OINP will monitor your business and you will be required to sign a Performance Agreement. The Performance Agreement is a legal contract with OINP which lists specific things that your business must do in order to be successful, including dates when you must submit progress reports to OINP and what specific supporting documentation is required. A strong Business Plan will help you to plan for the growth and progress 31