PinMo Canada Immigration – Provide Canada immigration services | Vancouver https://htscbc.com Canada Immigration | RCIC | PinMo | Zhang Hui Sun, 21 Mar 2021 05:00:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.4 https://htscbc.com/wp-content/uploads/2017/05/logo-100x100.png PinMo Canada Immigration – Provide Canada immigration services | Vancouver https://htscbc.com 32 32 5. An Overview of Temporary Residence Programs https://htscbc.com/5-an-overview-of-temporary-residence-programs/ Sat, 20 Mar 2021 00:14:31 +0000 https://htscbc.com/?p=7459

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Thank you for coming to PinMo Canada Immigration Channel. We are a family-based small business in the beautiful province of British Columbia in Canada. We provide Canadian immigration and citizenship services and Chinese to English as well as English to Chinese translation.

5. An Overview of Temporary Residence Programs

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4. An Overview of Permanent Residence Programs in Canada https://htscbc.com/4-an-overview-of-permanent-residence-programs-in-canada/ Sat, 20 Mar 2021 00:13:25 +0000 https://htscbc.com/?p=7457

Welcome to PinMo Canada Immigration Channel

Thank you for coming to PinMo Canada Immigration Channel. We are a family-based small business in the beautiful province of British Columbia in Canada. We provide Canadian immigration and citizenship services and Chinese to English as well as English to Chinese translation.

4. An Overview of Permanent Residence Programs in Canada

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3. An Overview of Canadian Immigration (Chinese) https://htscbc.com/3-an-overview-of-canadian-immigration-chinese/ Fri, 19 Mar 2021 19:29:15 +0000 https://htscbc.com/?p=7351

Welcome to PinMo Canada Immigration Channel

Thank you for coming to PinMo Canada Immigration Channel. We are a family-based small business in the beautiful province of British Columbia in Canada. We provide Canadian immigration and citizenship services and Chinese to English as well as English to Chinese translation.

3. 加拿大移民简介

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2. Protect yourself from Immigration Fraud and Unethical or Incompetent Practice https://htscbc.com/seminar-2-protect-yourself-from-immigration-fraud-and-unethical-or-incompetent-practice/ Fri, 19 Mar 2021 19:27:43 +0000 https://htscbc.com/?p=7349

Welcome to PinMo Canada Immigration Channel

Thank you for coming to PinMo Canada Immigration Channel. We are a family-based small business in the beautiful province of British Columbia in Canada. We provide Canadian immigration and citizenship services and Chinese to English as well as English to Chinese translation.

2. Protect Yourself from Immigration Fraud and Unethical or Incomplete Practice

Protect Yourself from Immigration Fraud and Unethical or Incomplete Practice
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1. An Overview of Canadian Immigration https://htscbc.com/an-overview-of-canadian-immigration/ Sat, 27 Feb 2021 02:27:06 +0000 https://htscbc.com/?p=7207

Welcome to PinMo Canada Immigration Channel

Thank you for coming to PinMo Canada Immigration Channel. We are a family-based small business in the beautiful province of British Columbia in Canada. We provide Canadian immigration and citizenship services and Chinese to English as well as English to Chinese translation.

1. An Overview of Canadian Immigration

An Overview of Canadian Immigration
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An Overview of Removal Orders https://htscbc.com/an-overview-of-removal-orders/ Sat, 14 Sep 2019 04:02:25 +0000 https://htscbc.com/?p=2765
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Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

An Overview of Removal Orders

My article “Removal Orders: “Applying” for a Refusal?” introduced the story of Mr. G, a former permanent resident who left Canada while his appeal against his exclusion order was still in progress, who finally got the order enforced a year and a half after his departure from Canada through an in-person interview. The departure date documented on Mr. G’s confirmation of departure was the date he received it, not his departure date. In May 2018, Mr. L, a permanent resident failing to meet the residency obligation whose departure order appeal was pending, left Canada and faced the same situation as Mr. G: a removal order came into force while he was outside Canada. 
 
Unlike Mr. G’s removal order, with the amendment of s. 240 (2) of the Immigration and Refugee Protection Regulations (IRPR) in November 2018, Mr. L’s was enforced without delay. He received his confirmation of departure from the Canada Border Services Agency (CBSA) within two days of sending them proof of his departure in July 2019, which confirmed his actual departure date. 
 
Why were the processes and outcomes for two people in the same situation so different, and what are removal orders? To answer these questions we must approach their respective backstories in reverse. 
 
Removal Orders
According to s. 44 of the Immigration and Refugee Protection Act (IRPA), a removal order is a legal document issued by Immigration, Refugee and Citizenship Canada (IRCC), the CBSA, or the Immigration Division (ID) of the Immigration and Refugee Board (IRB) that declares the subject of the order inadmissible to Canada. The issuance of a removal order means the subject of the order is not allowed to remain in Canada and must leave after the order comes into force according to the IRPR. 
 
Section 223 of the IRPR stipulates three types of removal orders: departure orders, exclusion orders, and deportation orders. They are defined in ss. 224 to 226 of the IRPR respectively:
  • S. 224: A departure order requires its subject to comply with s. 240 (1) of the IRPR (removal order enforcement in Canada) and leave Canada within 30 days after it comes into force. In complying with s. 240 (1), the subject will later be eligible to re-seek entry into Canada. Failure to do so will turn the departure order into a deportation order. 
  • S. 225: An exclusion order bars a foreign national from coming to Canada for either one year or five years after the enforcement of the order. When the order is issued on misrepresentation grounds, the exclusion period is five years. If the subject wants to return to Canada during the inadmissible period, he or she must obtain an Authorization to Return to Canada (ARC).
  • S. 226: A deportation order blocks the subject’s admission to Canada permanently unless the subject has subsequently obtained an ARC. 
Mr. G and Mr. L were both permanent residents who had the right to appeal the removal orders against them to the Immigration Appeal Division (IAD). Based on s. 49 (1)(c) of IRPA, their removal orders came into force when the IAD dismissed their appeals. Since the two had left Canada before the IAD made its final determinations, they were outside Canada when their removal orders came into force. So, how do they get their removal orders enforced? 
 
Removal Order Enforcement
The enforcement of an enforceable removal order depends on the subject’s location. If in Canada, he or she must follow the conditions set out by s. 240 (1) to get the order enforced prior to leaving Canada. Under these circumstances, the subject must verify their departure with a CBSA officer and obtain confirmation of departure before their departure, and then leave.  
 
Returning to our anecdotes, both individuals had to seek overseas enforcement of their removal orders, an act prescribed by the former s. 240 (2) of the IRPR, in Mr. G’s case, and the current ss. 240 (2) to (4) of the IRPR in Mr. L’s; the changes to s. 240 (2) account for the differences in their removal order enforcement.
 
Before the amendment, the only option for foreign nationals in Mr. G’s case was to apply for a visa, eTA, or ARC, depending on their nationality, to trigger the enforcement assessment. They had to do so regardless of how likely their “applications” were to be approved, as this was the only way to enforce their removal orders. But the procedure was equally painful for a visa officer at an IRCC office overseas, on whom too much onus was placed to establish three facts: the subject’s identity, his or her legal status in the residing country, and admissibility. In practice, IRCC would schedule an interview to confirm the departure of the subject, which was a lengthy process, and the departure time listed in the confirmation of departure was the date of the interview, even though the subject had left Canada much earlier. Hence why Mr. G “applied” for a refusal, with a year-and-a-half discrepancy between his documented departure date and the date he left. 
 
With the amendment, both IRCC officers at overseas visa offices and CBSA officers in Canada are authorized to enforce an unenforced removal order when the subject is outside Canada. If the subject applies for a visa, ARC, or eTA, a visa officer should enforce the removal order upon verifying that the applicant is its subject. Likewise, a CBSA officer in Canada can enforce a removal order when the officer confirms that the subject has departed Canada. Furthermore, s. 240 (4) clarifies that the application of ss. 240 (2) to (3) applies to removal orders before November 1, 2018, when these subsections came into force, which explains why Mr. L’s outcome was more favourable. 
 
This article has provided the basics of removal orders. It is not a legal opinion and does not constitute legal advice. Dealing with any removal order requires solid legal knowledge, so individuals with removal order issues should consult the relevant sections of the IRCCCBSA or IRB websites, or seek legal assistance. 
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解读枫叶卡 https://htscbc.com/%e8%a7%a3%e8%af%bb%e6%9e%ab%e5%8f%b6%e5%8d%a1/ Sun, 02 Jun 2019 05:12:24 +0000 https://htscbc.com/?p=2331
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Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

解读枫叶卡

枫叶卡是为方便加拿大永久居民出入加拿大国境,由加拿大移民局为加拿大永久居民发放的官方证件。对于枫叶卡,存在一些误解。在此一一为大家纠偏。

第一,枫叶卡跟永久居民身份不能划等号;换言之,拥有枫叶卡,不等于拥有加拿大永久居民身份,而枫叶卡过期,更不意味失去永久居民身份。

永久居民身份是加拿大政府给予符合其移民法条件的外国人的身份,这种身份的取得是以加拿大移民法规定为依据的,跟枫叶卡没有关系,也不以枫叶卡为凭证。新移民的第一张枫叶卡的取得是在其登陆加拿大后180天内;从这个简单的事实也可以知道,枫叶卡跟永久居民身份间没有直接关系。

第二,永久居民身份丧失,枫叶卡不再具有使其持有人入境加拿大的效力。永久居民身份的丧失依据的是加拿大移民法第四十六条的规定,跟枫叶卡无关。如果加拿大永久居民依法失去了其永久居民身份,即使其仍持有尚在有效期内的枫叶卡,枫叶卡作为证明其加拿大永久居民身份的证件效力却因永久居民身份的丧失而丧失。

第三,枫叶卡过期,不导致永久居民身份的丧失。枫叶卡的有效期一般是五年,但永久居民身份自取得后,如没有依法丧失,则这一身份始终在。有些移民,登陆取得枫叶卡后即回国生活居住,没有按加拿大移民法规定在加拿大居住。尽管按加拿大移民法规定,未满足居住条件的永久居民将失去其永久居民身份,但是这种丧失不是自动的,而需经相应法律程序。

第四,枫叶卡过期,永久居民身份在,续卡申请是否可获批准取决于申请人是否满足加拿大移民法规定的条件。

枫叶卡过期,申请人申请续卡时,移民局首先启动的是对申请人居住义务的审查。申请人满足居住义务,符合续卡条件,则予以续卡。申请人不满足居住义务,则移民局会作出申请人丧失永久居民身份的决定。如果申请人不就该决定上诉,上诉期满时,申请人即失去永久居民身份。

永久居民的居住义务是加拿大移民法所规定的,未满足居住义务的申请人一般情况下是不可能再延续永久居民身份的。

第五,枫叶卡过期,当事人未在加拿大生活居住,也不打算保留加拿大永久居民身份,中国人遇到这样的情况,还准备到加拿大去的,可考虑向加拿大移民局申请放弃永久居民身份。

小小枫叶卡,折射出加拿大法律的严谨。拥有加拿大永久居民身份的人,有必要要么搞清楚其中法律规定,要么向专业人士请教,以避免不必要的法律隐患。

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The Provincial Nominee Programs of the Northern Territories https://htscbc.com/the-provincial-nominee-programs-of-the-northern-territories/ Thu, 09 May 2019 04:32:36 +0000 https://htscbc.com/?p=2305
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Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

The Provincial Nominee Programs of the Northern Territories

Provincial Nominee Programs (PNPs) are permanent residence programs delivered in partnership between provincial and territorial governments and Immigration, Refugees and Citizenship Canada (IRCC). Aside from Nunavut and Quebec, the other eleven provinces and territories of Canada all possess active PNPs. This article will specifically explore those of the Northwest Territories (NTNP) and Yukon (YNP).

The Northwest Territories and Yukon are vast pieces of sparsely populated land that stretch all the way to the Arctic. While the Yukon possesses the smallest population among Canada’s provinces, the Northwest Territories is its least populous territory. Their long and harsh winters make them rather intimidating and uninviting, yet the midnight sun during summer and auroras in winter give these parts a special vibe. Additionally, the Northwest Territories is home to Canada’s largest national park (Wood Buffalo National Park) and the Yukon boasts the smallest desert in the world (Carcross) as well as the highest mountain in Canada (Mount Logan).

These territories incorporate two main categories, one for skilled workers and another for entrepreneurs. Their skills category is completely employer-driven and requires a permanent full-time job offer from an eligible local employer, while their entrepreneur categories do not accept applicants who have an active application with other provinces. Employers must be entities owned and operated by Canadians or permanent residents.

The Northwest Territories Nominee Program
Skilled workers Category

The NTNP’s skills category consists of three streams: Critical Impact Workers, Skilled Workers, and Express Entry (EE) Stream for Skilled Workers. Both employers and applicants must meet certain requirements. When the immigration authority decides to nominate an applicant, the employer and the applicant must sign a Memorandum of Understanding (MOU) with the authority. If breached, the employer will be barred from using the NTNP for up to three years, depending on the severity of the issue.

The Critical Impact Workers stream is for applicants in NOC C or D occupations and the other two are for those in NOC 0, A, or B occupations. The EE Stream for Skilled Workers pertains only to candidates in the EE pool. The selection criteria include work permit, qualifications and education, work experience, language, and settlement funds. Applicants to the Critical Impact Workers stream hold a valid work permit if they are in Canada and must have worked for the employer at the same position offered in the job offer for at least six months immediately prior to applying.

The other two streams normally require that applicants hold a valid work permit and reside in Canada. However, the immigration authority reserves the right to accept applicants who do not meet this requirement. All streams require that the applicant’s certification and accreditation match the job description of the job being offered, but language level requirements vary. Critical Impact Workers applicants must reach CLB 4, while for Skilled Worker applicants, CLB 6 applies to NOC 0 or A, and CLB 5 for NOC B. Applicants to the Critical Impact Worker stream must possess the requisite settlement funds: $10,000 for one person and $2,000 for each additional person. The other two streams accept a permanent, full-time job offer as a substitute for settlement funds.

Entrepreneurs Category

The Business category sets out the following selection criteria for applicants: (1) possess a minimum of $500,000 in personal net worth if the proposed business is in Yellowknife and $250,000 elsewhere; (2) invest at least $300,000 if the proposed business is in Yellowknife and $150,000 elsewhere; (3) have attained a language level of CLB 4 in either English or French; (4) actively involved in the daily operation of the business, and; (5) reside within 100 km of the business premises and spend 75% of the time in the Northwest Territories as a work permit holder.

Applicants who plan to apply to this category must go on an exploratory visit of the place where their potential business will be located for a minimum of four business days, after which they must schedule an interview with the immigration authority. Submission of a business concept summary before the interview is also mandatory. If the summary satisfies the authority, the applicant will be invited to express interest. Upon approval of an application and before the authority issues the applicant a work permit support letter, the applicant must sign a Business Performance Agreement with the authority and deposit $75,000 as a good faith deposit. If the business performance period is due and the applicant is refused the nomination, the deposit will not be refunded.

The Yukon Nominee Program

The YNP’s skills streams are identical to those of the NTNP: Critical Impact Worker, Skilled Worker, and Express Entry.

Skilled workers Category

The selection criteria for applicants to the skills streams are: (1) hold a valid work permit or study permit, if in Canada; (2) have at least a high school diploma; (3) Critical Impact Worker stream applicants must have a minimum of six months’ directly related full-time work experience in the past ten years (for the other two streams applicants, the work experience requirement is one year), and; (4) language level depends on the NOC: CLB 7 in English or Test d’évaluation du Français (TEF) 4 for NOC 0 or A occupations, CLB 5 or TEF 3 for NOC B, and CLB 4 or TEF 3 for NOC C or D. Yukon immigration officials will contact an applicant’s former employer and education institution to verify the information provided. If they fail to receive a response within four weeks, applications will be returned to the employer due to missing information.

Entrepreneurs Category

Those interesting in applying to the Yukon Business Nominee Program, which features a points system, must obtain a minimum of 65 out of 100 points to be eligible. In addition, the proposed business must belong to these strategic sectors:
– Information technology
– Manufacturing
– Value-added processing
– Forestry
– Tourism products, attractions, services, and facilities
– Energy
– Mining or mineral development
– Agriculture
– Cultural industries
– Film and video production

The selection criteria for applicants are: (1) at least a high school diploma; (2) at least three years of business management experience and five years of work experience related to their business; (3) no previous Canadian immigration refusals; (4) a minimum personal net worth of $500,000 and, of this, at least $300,000 in liquid assets; (5) currently employed in a NOC 0 or A position, and; (6) actively involved in the operation of the business. Home-based businesses are excluded.

The above was a brief and basic introduction to the NTNP and YNP, and it should not be considered as legal advice. Since PNPs change from time to time without warning, potential applicants should consult the relevant provincial or territorial immigration websites for up-to-date information before applying to any stream. For more information about these PNPs, please refer to the official websites of the NTNP and YNP.

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Newcomers Beware: Fake Jobs and Fake Job Offers https://htscbc.com/newcomers-beware-fake-jobs-and-fake-job-offers/ Tue, 02 Apr 2019 05:14:51 +0000 https://htscbc.com/?p=2284
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

Newcomers Beware: Fake Jobs and Fake Job Offers

Securing an eligible full-time job after graduation is crucial to international graduates’ successful path to permanent residence in Canada. However, fake jobs and fake job offers, which offer plausible, attractive shortcuts to permanent residency, may rob them of their legal status in Canada.

In recent years, Canada’s immigration policies have favoured international graduates, as both the Canadian Experience Class (CEC) and Provincial Nominee Programs (PNPs) accommodate international graduates. Nonetheless, one year of full-time Canadian experience in an eligible NOC is required by the CEC, and most PNP international graduate streams require a job offer from an eligible employer.

Some streams go even further than this, setting a period of previous local work experience or work for the employer as a mandatory criterion. Since some international graduates are so eager to remain in Canada permanently, possessing little knowledge of the Immigration and Refugee Protection Act (IRPA), fraudsters who sell fake jobs or job offers are thriving.

This article aims to raise awareness of such offers to help international graduates protect their interests.

The Booming Black Market

Fake jobs and job offers related to immigration are neither new nor uncommon. And while fake job offers exist only on paper, fake jobs can take many forms. One example is that applicants may end up doing the work involved, but they would pay their own wages rather than the employer doing so. Though we hear about these scams in the news from time to time, some hopefuls will always maintain the distorted perception that it could never happen to them—but would these individuals be equipped to recognize such offers for what they really are?

In mid-2018, during a business trip back to China, I had a meeting with a client of my law firm in China. I knew that his daughter was an international student studying in Ontario. I had heard that some immigration companies in China were selling certain PNP employer-driven streams at a staggeringly high price because their services were “all-inclusive,” so I asked him if he would pay a Canadian employer to offer his daughter a job to facilitate her immigration to Canada. He said yes without thinking. Then I asked him how much he would pay. After thinking for a while, he replied, “100,000 Canadian dollars.” When I asked why, he answered, “Because they have their expenses. They do something for her, so I pay them.” When I asked him whether he knew that this would contravene IRPA, he was quite surprised, for he did not understand how a reciprocal agreement could qualify as illegal; this sort of immigration business arrangement sounded reasonable to him. I explained the relevant section on misrepresentation from IRPA and advised him always to comply with the law.

His answer showed that he probably had some knowledge of the practice, since the supposed price for a PNP nomination through some skills streams, sold in major Chinese cities by unauthorized representatives, is around $100,000 to $150,000. Unfortunately, here in the lower mainland of B.C., this trick exists as well. The black market is booming at the expense of the integrity of Canadian immigration and the future of the applicants. It brings greater harm to international students than to overseas applicants, as the former already have something to lose on misrepresentation grounds: a life in Canada.

The Pitfalls of Misrepresentation

Section 40 (1)(a) of IRPA states: “A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.” Inadmissible means that such individuals are not allowed to enter and remain in Canada. Inadmissibility on misrepresentation grounds bars these individuals’ entrance to Canada for five years, according to section 225 (3) of the Immigration and Refugee Protection Regulations (IRPR).

The following factors determine whether misrepresentation has occurred:
Did the person in question directly or indirectly misrepresent or withhold material facts?
Is the misrepresented or withheld fact material that induces or could induce an error in immigration assessment?
Was the misrepresentation based on an honest and reasonable belief that it does not fall within the interpretation of section 40 (1)(a)?
While direct misrepresentation is relatively straightforward, indirect misrepresentation is not. The most common argument adopted by applicants in such cases is that they were unaware of their representative’s actions. For instance, most of the clients of the unauthorized immigration practitioner Sunny Wang applied this argument as their defense, in vain. In Wang v. Canada (Minister of Citizenship and Immigration), the Federal Court set a judicial precedent that clearly interprets the application of section 40 (1)(a). Pursuant to it, section 40(1)(a) applies to parties without knowledge of the misrepresentation made by other people.

Regarding the second factor in determining misrepresentation, the situation is no less forgiving than the first. The wording of section 40(1)(a)—“induces or could induce”—means that the possibility of inducing an error in immigration administration counts. The genuineness of a job, job offer, and/or work experience are crucial in deciding the eligibility of an applicant and/or whether an application should be approved or refused. Therefore, fake information with respect to any of these can affect this factor.

The last factor, “honest and reasonable belief,” means the applicant has tried his or her best to provide immigration authorities with accurate and complete requested information, but it turns out to be inaccurate or incomplete. This exception for misrepresentation is rarely granted, for the Federal Court holds the exception narrowly. In the situation of a fake job and/or fake job offer, the former is easy to detect, for it is unreasonable that a person would be duped by a fraudulent occupation they presumably know very well. Consequently, a fake job allows no room for consideration of this factor. And while accepting a fake job offer without being aware of its authenticity might genuinely stem from “honest and reasonable belief,” buying a job offer can logically never fit such a description.

To avoid the pitfalls of misrepresentation caused by fake jobs and fake job offers, international graduates should be fully aware of this type of illegal practice, which is all too common. Canada accommodates international graduates in many ways: full-time students of designated learning institutions (DLIs) can work without a work permit both on- and off-campus; graduates of certain DLIs are eligible to apply for a post-graduation work permit, which allows them to legally work in Canada after graduation; all PNPs possess an international graduate stream to welcome members of this group, and the Comprehensive Ranking System (CRS) of Express Entry (EE) awards 15 to 30 points to candidates based on how long they have engaged in full-time, post-secondary study in Canada.

These factors give international graduates the edge when competing with those without Canadian study or work experience, so it is reasonable to conclude that Canada embraces genuine international students with open arms. However, international students must nevertheless study hard, plan, and remain vigilant about immigration schemes that prey on their vulnerability.

To obtain more information about the severe consequences of misrepresentation, consult the relevant provisions of IRPA and IRPR as well as the webpages of the Immigration and Refugee Board.

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A Brief Introduction to the Provincial Nominee Program of Ontario https://htscbc.com/a-brief-introduction-to-the-provincial-nominee-program-of-ontario/ Fri, 15 Mar 2019 04:30:41 +0000 https://htscbc.com/?p=2259
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Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

A Brief Introduction to the Ontario PNP

Like other Provincial Nominee Programs (PNPs), the Ontario Immigrant Nominee Program (OINP) is jointly operated by the Ontario government and Immigration, Refugee and Citizenship Canada (IRCC), and consists of categories for skills immigrants and businesspeople respectively.

Ontario possesses many unique features. It is the most populous province in Canada and doubtless a very popular immigration destination. Both the capital of Canada, Ottawa, and Canada’s largest city, Toronto, call the province home, and the world-famous Niagara Falls is less than a two-hour drive from Toronto. Ontario is also home to several prestigious universities, including the University of Toronto, York University, and the University of Waterloo, which welcome tens of thousands of international students every year. Ontario also plays a leading role in Canada’s economy, providing newcomers with abundant employment and business opportunities.

The OINP comprises three categories, each made up of several streams: the Employer Job Offer and Human Capital categories for workers, and Business for entrepreneurs and international enterprises. The Employer Job Offer category requires applicants to have a full-time permanent job offer from an Ontario employer. The Human Capital category facilitates members of two groups: Ontarian international graduates who have either a master’s or a Ph.D. degree and Express Entry (EE) candidates.

The Employer Job Offer Category

This category incorporates three streams: Foreign Worker, International Graduate, and In-demand Skills.

The Foreign Worker and International Graduate streams both require applicants to have an eligible job offer in NOC 0, A or B. The former also requires applicants to have either a licence for the offered job or two years of work experience in the same NOC in the past five years. The latter sets education as one of its selection criteria, which requires applicants to have received a two-year degree or diploma from an eligible Canadian college or university listed by Ontario immigration. A one-year degree or diploma conferred by a listed Canadian institution that requires a completed degree as a precondition for admission also qualifies. Moreover, the study must be full-time, and applicants should complete more than half the study while living in Canada. The wage offered for the former needs to meet or surpass the median wage—or no less than an applicant’s current wage—if she or he is working in the position offered. For the latter, the median wage standard changes to low wage.

The eligibility criteria for the In-demand Skills Stream include education, work experience, language ability, settlement funds, and occupation. Applicants should have: a Canadian secondary school diploma or equivalent, one year of experience in the same NOC in the past three years, CLB 4 or higher in English or French language skills, and settlement funds equivalent to or above the number set by IRCC for EE programs. Additionally, the job offer must be in NOC C or D in the following occupations:

NOC 7441 – residential and commercial installers and servicers
NOC 7521 – heavy equipment operators (except crane)
NOC 7611 – construction trades helpers and labourers
NOC 8431 – general farm workers
NOC 8432 – nursery and greenhouse workers
NOC 8611 – harvesting labourers
NOC 9462 – industrial butchers and meat cutters, poultry preparers, and related workers

The Human Capital Category

This category includes two streams: Ontario International and Ontario Express Entry.

The Ontario International Stream is split into the Master Graduate and Ph.D. Graduate streams, both of which accept graduates with either a master’s or Ph.D. degree from an eligible Ontario university. Applicants must apply to the stream within two years after acquiring their degree. In addition, applicants must study full-time in Ontario for at least one academic year if applying to the Master Graduate Stream, and two years of Ph.D. study for the Ph.D. Stream.

The mandatory requirements for the Master Graduate Stream, other than education, include language, residency in Ontario, residency when applying, and settlement funds. Applicants must reach CLB 7 in either English or French, have legally lived in Ontario for at least one year in the last two, live in Ontario or outside of Canada when applying, and have adequate settlement funds specified by the IRCC for EE programs. The residency in Ontario and settlement funds requirements apply to Ph.D. Stream applicants as well.

The Ontario Express Entry Stream is open to EE candidates and encompasses three sub-streams: French-speaking Skilled Worker, Human Capital Priorities, and Skilled Trades.

The French-speaking Skilled Worker Stream accepts EE candidates under Federal Skilled Worker (FSW) or Canadian Experience Class (CEC). The stream raises the education bar to a Canadian bachelor’s, master’s, or Ph.D. degree (or equivalent). In addition to its minimum CLB 7 requirement for French language ability, a CLB 6 for English is also mandatory.

The Human Capital Priorities Stream accepts the same two-program candidates in the EE pool. Its education level mirrors the French-speaking Skilled Worker Stream and its language level criterion is CLB 7 in either English or French.

The Skilled Trades Stream is designed for EE pool candidates who are Federal Skilled Trades Program applicants. However, the stream narrows the eligible occupations to NOC Minor Group 633 or Major Groups 72, 73, or 82. It also raises the language level to CLB 5 for the four skills. Though only one year of full-time work experience is required, it must be gained in the past two years. Moreover, applicants must reside in Ontario with a valid work permit when applying to the stream.

It is worth noting that although the Ontario Express Entry Stream does not require applicants to have obtained a job offer, such applicants cannot apply to OINP directly. Instead, OINP will select candidates in the EE pool and issue the selected ones an invitation. Only those who have received an invitation from the OINP in their EE profile may apply to the stream.

The Business Category

There are two streams under this category: Corporate and Entrepreneur. The Corporate Stream suits international enterprises that have been established outside Canada for at least three years with an expansion plan in Ontario to invest a minimum of $5 million. The enterprise may request up to five key staff to establish the business who may be nominated by Ontario. The appointment of key staff, however, requires the company to create five employment opportunities for Canadians or permanent residents. The key staff must have work experience with the international company for a minimum of three years in the last five in the intended position and one continuous year in the position in the last 12 months. Only one NOC A staff is allowed; others must be in NOC 0. All key staff must not be an immediate family member of an executive board member, director, or shareholder who has more than 10% equity. Nor should such staff hold equity, unless it is obtained through their employment contract, in which case it must be less than 10%.

The Entrepreneur Stream requires applicants to meet the following minimum selection criteria: (1) have 36 months of full-time business experience in the last 60 months; (2) possess $1,500,000 net worth and invest $1,000,000 if the proposed business location is within the Greater Toronto Area (GTA), and $800,000 net worth and $500,000 investment if outside the GTA.; (3) create two full-time positions for Canadians or permanent residents within 20 months of establishing the business with a median level wage.

This brief article has introduced the main compulsory requirements for applicants to the OINP. Since the OINP imposes many other requirements, and since the program may change without prior notice, checking the OINP website for up-to-date program guides is a must prior to applying. Detailed information can be found on this website.

 

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