Este post tem o objetivo de informar os detalhes de documentos e elegibilidade do Ontario Immigrant Nominee Program. Antes de aplicar o empregador precisa atingir o employer criteria e a vaga disponível precisa estar dentro das regras do position criteria.
- Employers must have been in active business (corporations, limited partnerships and sole proprietorships) for at least 3 years.
- Employers must have business premises in Ontario where the prospective nominee will work.
- Employers must be in compliance with all provincial labour laws, including but not limited to employment standards, health and safety, and labour relations legislation.
- Employers inside of the Greater Toronto Area must have:
- a minimum of $1,000,000 in gross annual revenue for the most recent fiscal year,
- five permanent full-time employees who are Canadian citizens or permanent residents (per position to be filled each nomination year) at the location where prospective nominee will work.
- Employers outside of the Greater Toronto Area must have:
- a minimum of $500,000 in gross annual revenue for the most recent fiscal year,
- three permanent, full-time employees who are Canadian citizens or permanent residents (per position to be filled each nomination year) at the location where prospective nominee will work.
To be considered for approval by OINP, the position to be filled must:
- Be a permanent and full-time position
- must consist of a minimum of 1,560 hours of paid employment in a 12-month period
- Be in a skilled occupation (National Occupation Classification Code 0, A or B)
- Meet wage criteria
- prevailing wage level – if the position is going to be offered to a prospective nominee applying under the Foreign Worker Stream; or
- entry-level wage level – if the position is going to be offered to a prospective nominee applying under the International Student with a Job Offer stream.
- if the prospective nominee is already working in the position to be approved, the employer is required to pay a wage equal to or greater than the wage approved for that position.
- Not affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or adversely affect employment or training opportunities for Canadian citizens or permanent residents of Ontario.
- Be necessary for the company’s operations.
Note that employers must demonstrate sufficient proof of recruitment efforts if the prospective nominee is an individual who currently lives abroad, is visiting Canada, or is working in a province or territory other than Ontario (see proof of recruitment efforts in Section 2.3 Supporting Documents for more details on this requirement).
Important: Positions that are Not Eligible
The following are not considered permanent, full-time employees even if they work 1,560 hours in a 12-month period:
- seasonal, or part-time employees regardless of their working hours;
- subcontractors or agency workers; and,
- employees who do not work on the company’s premises, such as employees who work from home, or employees who work in a “virtual” location, and serve the employer by telecommuting.
Important: Wage Requirements
The OINP expects that the employee will receive pay for hours worked according to the information provided by the employer. The OINP requires that an employer’s wage offer to a prospective nominee 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 prospective nominees will be appropriately remunerated.
Please note: The program does not consider remuneration by piece work, bonuses, commissions, vacation pay or non-financial compensation as comprising part of a prospective nominee’s offered wage. An employer may offer a prospective nominee piece work, bonuses, commissions, or non-financial compensation in addition to base pay. However, these will not be considered part of the prospective nominee’s hourly or weekly base pay. Additionally, the hourly or weekly base pay offered to the prospective nominee must meet or exceed the prevailing wage (for the Foreign Worker Stream) or entry-level wage (for the International Student with a Job Offer Stream) established by occupation and region on the federal government’s Job Bank website.
Employers inside the GTA can request one position for every 5 full-time employees. Employers outside of the GTA can request one position for every 3 full-time employees. For reference:
Companies inside of the Greater Toronto Area:
- 1 position requested = 5 existing full-time, permanent employees.
- 2 positions requested = 10 existing full-time, permanent employees.
- 3 positions requested = 15 existing full-time, permanent employees.
Companies outside of the Greater Toronto Area:
- 1 position requested = 3 existing full-time, permanent employees.
- 2 positions requested = 6 existing full-time, permanent employees.
- 3 positions requested = 9 existing full-time, permanent employees.
Employers can request up to a maximum of 20 positions per calendar year. Requests for more than 20 positions will be reviewed by OINP on a case-by-case basis.
Employers must complete only one Pre-screen Applicationform even when seeking approval for multiple positions. All positions must be listed on a single application.
Estes não são os únicos documentos necessários para esta aplicação, para mais informações entre em contato com a nossa equipe.
Se você precisa de um LMIA, leia mais sobre o assunto no post “Para que serve o LMIA e o que significa?”.
Fonte: Ontario Canada