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OINP - Employer Job Offer : Foreign worker stream

gollum12

Star Member
Mar 5, 2020
61
30
Does this apply to the outland nominee who is still waiting for Work Permit and PR application is still going on?
From the updates, I can see:
1- If you're waiting for the nominate (application submitted but not processed), Ontario will send a notification to all employers to requests a status update on the employee position.
2- If you have been nominated, and been lay-off (not temporary but permanently), the nomination is canceled. <--but they didn't say how they gonna check this, just said employee has to update if the job situation changed.

I guess your case is #2?



Does this apply to the outland nominee who is still waiting for Work Permit and PR application is still going on?
Do you know if this will apply for case #2 above? or just #1?
It gonna affect a lot of applications if it's true for case #2, I expect business will not run smoothly for this year :(
 

Fonca

Hero Member
Oct 24, 2019
252
466
From the updates, I can see:
1- If you're waiting for the nominate (application submitted but not processed), Ontario will send a notification to all employers to requests a status update on the employee position.
2- If you have been nominated, and been lay-off (not temporary but permanently), the nomination is canceled. <--but they didn't say how they gonna check this, just said employee has to update if the job situation changed.

I guess your case is #2?





Do you know if this will apply for case #2 above? or just #1?
It gonna affect a lot of applications if it's true for case #2, I expect business will not run smoothly for this year :(

Unfortunately I think it is applicable for both cases...
 

dthap

Star Member
Oct 15, 2019
126
45
From the updates, I can see:
1- If you're waiting for the nominate (application submitted but not processed), Ontario will send a notification to all employers to requests a status update on the employee position.
2- If you have been nominated, and been lay-off (not temporary but permanently), the nomination is canceled. <--but they didn't say how they gonna check this, just said employee has to update if the job situation changed.

I guess your case is #2?





Do you know if this will apply for case #2 above? or just #1?
It gonna affect a lot of applications if it's true for case #2, I expect business will not run smoothly for this year :(
Yes my case is #2
Well, I am outland and waiting for Work Permit. In my nomination approval letter, it says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position; or on the date you obtain a work permit and begin working in the approved employment position." I am working with the employer but remotely(I have never been to Canada) and I was working with the same employer before I got nomination. So for me I think "on the date you obtain a work permit and begin working in the approved employment position" conditions comes under me. Correct me if I am wrong.
And the employer said the job will continue.
 
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hylian

Hero Member
Feb 24, 2020
395
199
NOC Code......
2174
Yes my case is #2
Well, I am outland and waiting for Work Permit. In my nomination approval letter, it says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position; or on the date you obtain a work permit and begin working in the approved employment position." I am working with the employer but remotely(I have never been to Canada) and I was working with the same employer before I got nomination. So for me I think "on the date you obtain a work permit and begin working in the approved employment position" conditions comes under me. Correct me if I am wrong.
And the employer said the job will continue.
Your original post suggested you were laid off temporarily but your follow up post you mentioned you were permanently laid off.

Note that the term lay-off means your job has been put on hold temporarily, you're employed but you're not working and once things go back to normal you'll go back to work and start earning again.

If your employment has been permanently terminated, as in you are currently unemployed and are now looking for a new job, this is not the same as being laid off.

If you are currently temporarily laid off AND you have received your nomination, your nomination is still valid.

If your employment has been terminated - your nomination is canceled.

See below:

Employers should notify the OINP of any material changes to nominees’ employment terms, excluding temporary layoffs under the Employment Standards Act, 2000 (ESA).
If a job offer/employment position has been affected by a COVID-19 related temporary layoff under the ESA but otherwise continues to meet program criteria (permanent, full-time, meets program wage requirement, etc.), we:
  • will continue to support the nomination
  • may ask for supplementary information from employers with respect to such temporary layoffs at a future date
Source: https://www.ontario.ca/page/2020-ontario-immigrant-nominee-program-updates
 
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dthap

Star Member
Oct 15, 2019
126
45
I have another general question not related to this one. OINP says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position; or on the date you obtain a work permit and begin working in the approved employment position".

In the first case it says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position". Does this case apply to an inland applicant who is currently employed with the employer?

Secondly, it says "OR, on the date you obtain a work permit and begin working in the approved employment position" Does this mean the applicant is still inland and get the Work Permit and start working in approved position? What if the applicant is Outland and he's got Work Permit only not PR.

Does anybody have an idea about this one?
 

hylian

Hero Member
Feb 24, 2020
395
199
NOC Code......
2174
I have another general question not related to this one. OINP says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position; or on the date you obtain a work permit and begin working in the approved employment position".

In the first case it says "You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer in the approved employment position". Does this case apply to an inland applicant who is currently employed with the employer?

Secondly, it says "OR, on the date you obtain a work permit and begin working in the approved employment position" Does this mean the applicant is still inland and get the Work Permit and start working in approved position? What if the applicant is Outland and he's got Work Permit only not PR.

Does anybody have an idea about this one?
This sentence is hard to parse, but my interpretation is it's saying IF you are IN Canada AND you are working AND you are nominated, you must be working for the employer and position you were nominated for.

Basically, if you're in Canada on the employer specific (closed) work permit you received in your nomination, you must be working in the same role and same employer as you supplied on your application.
 

dthap

Star Member
Oct 15, 2019
126
45
This sentence is hard to parse, but my interpretation is it's saying IF you are IN Canada AND you are working AND you are nominated, you must be working for the employer and position you were nominated for.

Basically, if you're in Canada on the employer specific (closed) work permit you received in your nomination, you must be working in the same role and same employer as you supplied on your application.
Does this mean the conditions only apply for those who are Inland applicant? Just had question.
 

gollum12

Star Member
Mar 5, 2020
61
30
The sentence is a bit hard to understand.

I personally understand it as following:
- You have to start working for the employer mentioned in the nomination at the time you received your nomination (if you didn't already work for them)
- If by the time you got the nomination, you haven't got the work permit, then you will have to start working for the employer when you obtain the work permit. (I think the main point is you can't leave a gap between getting the nomination and start working for the sponsoring employer)
- By default of the nomination, any changes in employer, position, salary need to be communicated with Ontario and they will ultimately decide if your nomination is still valid.

By that, I think it covers both inland and outland case.
(I understand outland is outside Ontario specifically)
 
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dthap

Star Member
Oct 15, 2019
126
45
The sentence is a bit hard to understand.

I personally understand it as following:
- You have to start working for the employer mentioned in the nomination at the time you received your nomination (if you didn't already work for them)
- If by the time you got the nomination, you haven't got the work permit, then you will have to start working for the employer when you obtain the work permit. (I think the main point is you can't leave a gap between getting the nomination and start working for the sponsoring employer)
- By default of the nomination, any changes in employer, position, salary need to be communicated with Ontario and they will ultimately decide if your nomination is still valid.

By that, I think it covers both inland and outland case.
(I understand outland is outside Ontario specifically)
By Outland, I mean outside of the country. Does that case apply to the outland applicant also?
 

dthap

Star Member
Oct 15, 2019
126
45
It's irrespective of inland/outland - it's both.
Okey. It’s looks like that. But I am just wondering how is someone gonna work with work permit approved and PR on process & without entry in Canada. In general case for an employer who needs employee work within Canada.
 

hylian

Hero Member
Feb 24, 2020
395
199
NOC Code......
2174
Okey. It’s looks like that. But I am just wondering how is someone gonna work with work permit approved and PR on process & without entry in Canada. In general case for an employer who needs employee work within Canada.
I think you've misunderstood my original reply, you can only activate a work permit by going through the border - in order for the above to apply to you, you would need to be IN Canada.

What they are saying is that IF you are working IN Canada AND you are on the closed work permit, you must keep working for that same employer under the same position.
 

dthap

Star Member
Oct 15, 2019
126
45
I think you've misunderstood my original reply, you can only activate a work permit by going through the border - in order for the above to apply to you, you would need to be IN Canada.

What they are saying is that IF you are working IN Canada AND you are on the closed work permit, you must keep working for that same employer under the same position.
Thank You mate. I got your second point "#inside Canada on closed work permit condition".
So, for an applicant who is the outland applicant(PR process going on), work permit applied through online without TR, what condition apply to that applicant?