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Opportunity Lives Here

Canada Immigration Lawyer

Foreign nationals may apply under the Ontario Foreign Worker category if the foreign national has a job offer from an Ontario Employer and the employer has approved the position with Ontario PNP. It is important to note that it is the employer who must start the application process by submitting a pre-screen application with the Ontario PNP for the position they wish to fill with a foreign national. Once the position is approved, the foreign national they wish to hire must then submit their provincial nominee application to the Ontario PNP. Both the Ontario company and foreign workers must meet a number of criteria to be considered eligible under this category. Successful applicants who are nominated, along with their family, may then apply for their Canadian permanent residency. Speak with a Canada immigration lawyer from our law firm to discuss your options.

Employer Requirements and Conditions.

Employers start the application process by submitting a pre-screening application. In their Pre-Screen Applications, employers must meet the following conditions and requirements:

  • They are a corporation, limited partnership or a sole proprietorship;
  • The business has been operating for at least three years;
  • They may hire individuals outside of Canada, or those within Canada who are either visiting or working under temporary work permit.
  • Those positions being offered must be full-time positions that are in a skilled occupation recognized under Canadian immigration law.
  • Job offers must meet standard wage levels, which can vary depending on years of experience (entry level vs. years of experience);
  • The job offer must not contravene or disrupt any agreements, labour disputes or training opportunities for residents of Ontario;
  • The position being offered in necessary for the business’s operations.

For employers within the Great Toronto Area, the Ontario employer:

  • Must have a minimum of 1 million in gross revenue and a minimum of 5 full-time employees
  • Can only apply for approval of one position for every 5 full time employees at the company.

For employers outside the Greater Toronto Area, the employer:

  • Must have a minimum of $500,000 in gross revenue and a minimum of 3 full-time permanent employees.
  • Can only apply for approval of one position for every 3 full time employees at the company.

Foreign National Requirements and Conditions

Foreign workers must be able provide all necessary documents and meet the following requirements to prove they qualify for the approved position they are being offered:

  • They must have legal status to be in Canada if they are applying from within Canada or demonstrate that they have legal status in the country that they are applying from;
  • They must have a permanent full-time job offer for a skilled occupation recognized under Canadian immigration law;
  • They have received an employer pre-screen approved position form, as well as a nominee application package from the employer who was approved under the Ontario PNP;
  • The foreign national has had at least two years of valid work experience in the occupation they are offered, within the past five years; or they have the appropriate license/designation/education for a profession which is regulated in Ontario;
  • Ontario employer has applied for a pre-screening of the position they are being offered, and such position has been approved by the Ontario PNP;
  • Applicants must provide the employer’s approval letter, joint verification form (signed by their prospective employer) and the pre-screen position form (all provided to you by the employer);
  • Applicants must also submit a number of supporting document confirming their identity, family situation and work experience;
  • Applicants cannot be a refugee claimant;
  • Other conditions may apply.