2018-07-30 Additional 2018 CPDS Your CPD Instructor Andrew - PDF document

2018-07-30 Additional 2018 CPDS Your CPD Instructor Andrew Carvajal, LL.B / B.C.L., M.A., B.A. Immigration Lawyer and Instructor RCICCPD.ca by Full Skills Exam Prep 1

2018-07-30 A Little About Me • Toronto immigration and tribunal lawyer • Partner, Desloges Law Group • acarvajal@desloges.ca • Twitter: @CarvajalLaw • LinkedIn: ca.linkedin.com/in/carvajalandrew • Personal site: www.carvajal.ca Lesson Goals • When to choose OINP for a potential client? • Advantages of OINP vs. federal programs • Understand OINP programs for skilled workers, semi-skilled workers, graduate students and entrepreneurs • Summary and Q&A OINP – A Quick Glance Employer/Job Offer •Foreign Worker •International Student •In-Demand Skills Stream Business •Corporate Stream •Entrepreneur Stream Human Capital •Masters Graduate •PhD Graduate • Express Entry Streams • Human Capital Priorities Stream • French-Speaking Skilled Worker Stream • Skilled Trades Stream 2

2018-07-30 The Initial Client Assessment • Who is a good candidate for a Federal/Provincial skilled labour program? • IRPA s. 12(2): a FN will be selected as a member of the economic class on the basis of their ability to become economically established in Canada • Appealing Attributes – Skilled Workers (Generally) • Young (under 37) • Well educated • High English/French skills • Relevant skilled work experience • Ties to Canada/Province/Territory (some cases) The Initial Client Assessment • Appealing Attributes – Skilled Workers under OINP • Age is largely irrelevant • Level of education will vary per program • English/French skills will vary per program • Some programs do not require tests • Relevant skilled work experience • Except for Masters and PhD streams • Options for certain semi-skilled occupations • Ties to Ontario – important in most cases The Initial Client Assessment • Appealing Attributes – Entrepreneurs • Net worth • Available funds for investment • Managerial/business experience • Sound business plan/benefit to economy • Language and education 3

2018-07-30 When to Consider OINP/PNP • Limited opportunities under EE • Job offer in the province • Work experience in the province • Studies in the province • Masters or PhD • Eligibility and sufficient money to set up business if applying under entrepreneur program 2018 Quota, Intake and News • OINP 2017 Quota: 6,600 • Compare to 2,500 in 2014 • January 1, 2018: Ontario Immigration Act, 2015 and regulations proclaimed into force • Formalizes Minister’s powers as well as principles, procedures and criteria applied in OINP processing • Robust sections on inspections, investigations, penalties, offences and enforcement • January 18, 2018: All streams open except for Masters and PhD streams • January 29, 2018 Masters and PhD streams open • January 29, 2019: Masters stream paused • April 5, 2018: Masters stream re-opens • April 5, 2018: Masters stream paused • Visit http://www.ontarioimmigration.ca/en/pnp/OI_PNPNEW.html often! 2018 Quota and Processing Times 4

2018-07-30 Online Intake • Following example of other provinces, ON has moved to an online intake process • Not EOI except for entrepreneur stream • HCPS uses EE score • Pros • Knowledge that application will be processed once issued a file number • Fast processing times • Cons • Registering when programs open can be very competitive • Computer glitches • Very tight deadline to submit application and most supporting documentation Online Intake - ON e-key • Sign up for a ON e-key to access OINP eFiling • https://www.one- key.gov.on.ca/iaalogin/IAALogin.jsp • Client must authorize representative to file applications on their behalf • If client is represented, the application must be submitted under the representative profile • 1 st step: register profile and obtain an application number while specific program is open • 2 nd step: complete online forms and submit supporting documentation Deadlines to Submit Application • Following registration and issuance of an application number, there are tight deadlines to complete forms and submit documents • Masters and PhD streams  14 days • Employer-driven streams  14 days • EE French Speaking Skilled Worker  45 days from NOI • EE Human Capital Priorities  45 days from NOI • EE Skilled Trades  45 days from NOI • Entrepreneur stream  90 days from EOI • EOI can be submitted anytime 5

2018-07-30 Exclusion for Refugee Claimants/Accepted Refugees • Refugee claimants with a pending application to remain in Canada are not eligible to apply to OINP • Refugee claimants whose claim has been rejected, abandoned, or withdrawn must exit Canada prior to applying to OINP • Refugee claimants may only apply to OINP once they have left Canada Employer/Job Offer Streams • Foreign Worker • International Student • In-Demand Skills OINP Guides • Foreign Worker http://www.ontarioimmigration.ca/prodconsum/gr oups/csc/@oipp/documents/document/oi_en_wo rker.pdf • International Student http://www.ontarioimmigration.ca/prodconsum/gr oups/csc/@oipp/documents/document/oi_en_job .pdf • In-Demand Skills http://www.ontarioimmigration.ca/prodconsum/gr oups/csc/@oipp/documents/document/oi_en_ind emand.pdf 6

2018-07-30 Comparison with Federal Programs • The Pros • LMIA-exempt (WP and PR) • No language requirements (except In-Demand Skills) • No strict advertising/recruitment standards (unlike LMIA) • But must show efforts if employee outside Ontario • Feasible option for candidates who are not competitive under EE • Older, less education, weak language skills Comparison with Federal Programs • The Cons • Eligibility requirements for employer are high • Longer processing times • PR application is paper based although a WP can be obtained in the meantime • Hefty processing fees • Limited number of certificates Employer Requirements • Have been in active business for at least 3 years (corporations, limited partnerships and sole proprietorships) • In the past, employer requirements were verified upfront through a pre-screening process. Now OINP can request this from employer at later stage of processing • Documents used to verify this • Articles of Incorporation or Certificate of Status (in the case of a corporations) • Master business license (in the case of a sole proprietorship); OR • Partnership agreement (in the case of a partnership) 7

2018-07-30 Employer Requirements • Have business premises in Ontario where the prospective nominee will work • Documents used to verify this • Deed to the property comprising the premise, showing the employer applicant as owner • OR lease, offer to lease, licence, notice of lease, or licence registered on title; and landlord/licensor's name, address and telephone number Employer Requirements • Gross revenue for the most recent fiscal year • $1,000,000 – companies inside GTA • $500,000 – companies outside the GTA • Documents used to verify this • Revenue Canada Schedules 125 (Income Statement Information) and 141 (Accounting Practitioner Information) for past three years • OR Company's financial statements for the past three fiscal years signed by a C.A., C.M.A. or C.G.A. Employer Requirements • Minimum number of permanent full-time employees per nomination (Cad PRs or citizens) • 5 – companies inside GTA • 3 – companies outside the GTA • Documents used to verify this • Revenue Canada T4 Summary for previous fiscal year 8

2018-07-30 Employer Requirements • Employers must be in compliance with all provincial labour laws , including but not limited to employment standards, health and safety, and labour relations legislation • Verified through information shared by the Ontario Ministry of Labour Employer Requirements • Recruitment efforts are not necessary unless candidate is abroad or working in another province • No requirement to advertise in Job Bank, minimum period or minimum number of platforms • Suggested documents to prove recruitment efforts • Copy of all advertising efforts made to recruit a Canadian citizen or PR for the position • Summary of recruitment efforts including the number of individuals who applied, the number interviewed and the specific reasons why they did not hire a Canadian citizen or PR Foreign Worker Stream • Work experience • Minimum 2 years (24 months) within the previous 5 years in the intended occupation • Appropriate licensing in Ontario if regulated occupation • E.g. Red seal certification for trades, qualification in regulated professions - Engineers, lawyers, doctors, etc. • For work experience obtained abroad and in Canada, OINP will only accept fulltime work experience that is verifiable, relevant, paid and legally obtained • If applicant residing in Canada, must be working or visiting Canada on a valid work permit, study permit or visitor record 9