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I heard that OINP Corporate Stream is now accepting applications - How can I apply?

Blog posted on by Evelyn Ackah in Permanent Residence and Provincial Nominee Programs

I heard that OINP Corporate Stream is now accepting applications - How can I apply?

Online applications under the Corporate Stream and Expression of Interests (EOIs) in the Entrepreneur Stream are now being accepted by the Ontario Immigrant Nominee Program (OINP). The online system was launched to make it easier for applicants to submit applications online and to achieve improved processing times.

The OINP is meant to attract foreign corporations and entrepreneurs, including their business ideas, talent and investment to the province. Under the OINP, key staff of corporations and entrepreneurs can seek for nomination through the Province for Permanent Residence when they implement a new business idea or expand their operations in Ontario.

The Corporate Stream

Under the Corporate Stream, a corporation may request up to five (5) key staff (prospective nominees) who will establish the business in Ontario and be eligible to apply for nomination for permanent residency status under the OINP. To get an approval, it must be determined that the business has been successfully established and meets the requirements of signing a Performance Agreement outlining its commitments to invest and create jobs in Ontario, having a maximum of five key staff that are essential to the establishment, continued operation, and success of the business.

The Corporate Stream application is a two-stage process and all the key staff must meet Stage 1 requirements at the time of application and also meet the additional nomination requirements under Stage 2.

Eligibility

To be eligible under the Corporate Stream, a corporation must have a viable business presence that will bring significant economic benefit to Ontario and make a proposal. Once the proposal is approved, key staff of the corporation may apply for temporary work permits to enable them to establish the business. Eligible corporations, including public corporations, sole proprietorship, and partnerships must be established for at least 36 months at the time of the application submission and meet the following eligibility requirements.

Corporation Eligibility:

  • 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
  • Must create five (5) new permanent and full-time jobs for Canadian citizens or permanent residents per key staff applicant. That is, a corporation that is submitting a proposal for five key staff, must create 25 permanent and full-time jobs in the business for Canadian citizens or permanent residents in Ontario
  • Positions must be paid at or above the prevailing wage level for that position
  • Position must be continuously filled for at least 10 months prior to the submission of your Final Report
  • Parent Corporation and proposed new business in Ontario must be a subsidiary, branch or affiliate of the Corporation
  • Business must be making profits from the sale of goods and/or services
  • Primary source of income must be from active (earned) income, not passive (unearned) income
  • Business must comply with Canadian legal requirements and all regulatory industry and licensing requirements which govern its legitimate operation
  • If purchasing an existing business, it must be incorporated in Ontario
  • Business must comply with all Ontario labour laws, including employment standards, health and safety, and labour relations legislation
  • Business must be considered a permanent business in Ontario. Project-based/seasonal businesses are not considered eligible
  • Business must not be involved in an immigration-linked investment scheme pursuant to paragraph 87(5)(b) of Immigration and Refugee Protection Regulations (IRPR); and
  • A business plan must be submitted.

Key Staff Eligibility:

Apart from meeting the corporation eligibility requirements, the corporation’s key staff must also meet all their eligibility criteria in order for them to qualify under the Corporate Stream.

Stage 1 - Application Requirements:

  • 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 [NOC] Skill Level 0 or Skill Type A) in the Corporation’s existing business
  • Only one key staff applicant is required under a NOC Skill Type A position. The remaining key staff positions must be in NOC Skill Level 0
  • 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 Corporation. The key staff must also be continuously working for the Corporation in that position in the immediate 12 months prior to the application submission
  • Key staff must not have an immediate familial relationship with any member of the Corporation’s Executive Board or Board of Directors or shareholders with more than 10% equity in the Corporation
  • Key staff must not hold or have held equity in the Corporation, except where the equity has been obtained as part of the remuneration package of the employee, in which case, the equity must be less than 10% of the Corporation’s business; and
  • The key staff position in the proposed business in Ontario must be a permanent and full-time job and meet the prevailing wage levels.

Stage 2 - Nomination Requirements:

  • Key staff must be in the position for which they were approved by the OINP and carrying out the approved job duties and be earning the prevailing wage for the position
  • 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 on a temporary work permit to support the business; and
  • Key staff must have a language proficiency equivalent to Canadian Language Benchmark (CLB) 4 or higher.

If you are a key staff in a corporation that meets the above eligibility requirement, then you may be eligible for nomination under the OINP for permanent resident status. For more information on the OINP online applications, click on www.ontarioimmigration.ca › HOME › Ontario Immigrant Nominee Program (OINP)


Evelyn L. Ackah, BA, LL.B.

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Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

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