OINP employer form

[DKB_CANADA]

Hi All,

I got the ITA to submit application for nomination certificate ,, It needs to submit an employer form, one of the information to fill in the form is about minimum 3 Canadia/PR employees at my working location or report to work location. In my case, I work in Ottawa, office that's my primary work location , but my manager sits in Montreal office , can I treat Montral office as report to work location and submit the details about the canadian employee count from there ??

My work permit is closed work permit and it has restriction about work location, hence I work in Ottawa as mentioned in the permit.

Thanks,

 

[scylla]

Hi All,

I got the ITA to submit application for nomination certificate ,, It needs to submit an employer form, one of the information to fill in the form is about minimum 3 Canadia/PR employees at my working location or report to work location. In my case, I work in Ottawa, office that's my primary work location , but my manager sits in Montreal office , can I treat Montral office as report to work location and submit the details about the canadian employee count from there ??

My work permit is closed work permit and it has restriction about work location, hence I work in Ottawa as mentioned in the permit.

Thanks,

You need to use Ottawa.

 

[DKB_CANADA]

This is what they have menioned in the portal,,

Meaning of report to work
In cases where the applicant will work at more than one location, the location where the applicant will report to work means either:

• the location where the applicant’s immediate supervisor or manager works, or
• the location of the administrative office where the applicant will receive work assignments

3. Full-time employee requirements
Your employer’s business must have at the time of application submission one of the following:

• at least five full-time employees who are Canadian citizens or permanent residents who work at the location where you will work, or will report to work, if you will work or report to work at a location in the Greater Toronto Area (City of Toronto, Durham, Halton, York and Peel regions)
• at least three full-time employees who are Canadian citizens or permanent residents who work at the location where you will work, or will report to work, if you will work or report to work at a location outside the Greater Toronto Area

based on this it looks like, considering Monteral office is where my manager sits,, I can refer Montreal office as my report to work,, and mention canadian employees count from there.

 

[scylla]

This is what they have menioned in the portal,,

Meaning of report to work
In cases where the applicant will work at more than one location, the location where the applicant will report to work means either:

• the location where the applicant’s immediate supervisor or manager works, or
• the location of the administrative office where the applicant will receive work assignments

3. Full-time employee requirements
Your employer’s business must have at the time of application submission one of the following:

• at least five full-time employees who are Canadian citizens or permanent residents who work at the location where you will work, or will report to work, if you will work or report to work at a location in the Greater Toronto Area (City of Toronto, Durham, Halton, York and Peel regions)
• at least three full-time employees who are Canadian citizens or permanent residents who work at the location where you will work, or will report to work, if you will work or report to work at a location outside the Greater Toronto Area

based on this it looks like, considering Monteral office is where my manager sits,, I can refer Montreal office as my report to work,, and mention canadian employees count from there.

So you regularly travel to Montreal and work out of that office?

 

[DKB_CANADA]

So you regularly travel to Montreal and work out of that office?

I work moslty from home,, we do have office in Ottawa it's a shared workspace here in Ottawa,, have to travel one in a while to Montreal ,, usually when we have company level gatherings,, but my immediate supervisor sits there as he's a canadian citizen and stays in Montreal,,

 

[scylla]

I work moslty from home,, we do have office in Ottawa,, have to travel one in a while to Montreal ,, usually when we have company level gatherings,, but my immediate supervisor sits there as he's a canadian citizen and stays in Montreal,,

Yes, I understand that. Re-read what you posted and see the line: In cases where the applicant will work at more than one location

This is a pre-qualifier to the statements below.

So if you want to claim Montreal, then you need to consider the following:
- Your closed work permit states your location as Ontario
- You are applying through OINP which is an Ontario based program
- You must be able to say that you work at more than one location

What's wrong with using Ottawa?

 

[DKB_CANADA]

Yes, I understand that. Re-read what you posted and see the line: In cases where the applicant will work at more than one location

This is a pre-qualifier to the statements below.

So if you want to claim Montreal, then you need to consider the following:
- Your closed work permit states your location as Ontario
- You are applying through OINP which is an Ontario based program
- You must be able to say that you work at more than one location

What's wrong with using Ottawa?

I guess I have to mention Ottawa as my work location since that's the restriction I have in my work permit,, and I'm in Ottawa working from home ,, dont have to go to Ottawa office though we do have office there ,, the reason being my manager doesnt sits there so my reporting is at Montreal office,,
we dont have min 3 canadian/pr employees in Ottawa office ,, and by the statement I felt since my reporting happens to Montreal office ,, I can mention the canandian employee count from there ,,

will it backfire or go against me by any means ,,I guess I'm obeying all the conditions mentioned in my closed work permit ,, like work for the same location as mentioned which is Ottawa,, I do work at this location but just that my manager doesnt sits at this location.

 

[scylla]

I guess I have to mention Ottawa as my work location since that's the restriction I have in my work permit,, and I'm in Ottawa working from home ,, dont have to go to Ottawa office though we do have office there ,, the reason being my manager doesnt sits there so my reporting is at Montreal office,,
we dont have min 3 canadian/pr employees in Ottawa office ,, and by the statement I felt since my reporting happens to Montreal office ,, I can mention the canandian employee count from there ,,

will it backfire or go against me by any means ,,I guess I'm obeying all the conditions mentioned in my closed work permit ,, like work for the same location as mentioned which is Ottawa,, I do work at this location but just that my manager doesnt sits at this location.

You may want to get a consult with an immigration lawyer.

If your work location is Ottawa, then you would need to complete the employer form based on the Ottawa location. Again, where your manager sits is not the only factor at play. You need to re-read the rules you posted. I'm quoting it again below with the key part bolded and underlined.

Meaning of report to work
In cases where the applicant will work at more than one location, the location where the applicant will report to work means either:

• the location where the applicant’s immediate supervisor or manager works, or
• the location of the administrative office where the applicant will receive work assignments

 

[DKB_CANADA]

You may want to get a consult with an immigration lawyer.

If your work location is Ottawa, then you would need to complete the employer form based on the Ottawa location. Again, where your manager sits is not the only factor at play. You need to re-read the rules you posted. I'm quoting it again below with the key part bolded and underlined.

Meaning of report to work
In cases where the applicant will work at more than one location, the location where the applicant will report to work means either:

• the location where the applicant’s immediate supervisor or manager works, or
• the location of the administrative office where the applicant will receive work assignments

what can happen in the worst-case scenario,, they may just refuse the application or ask for employee count from ottawa office ??
I'm asking this because,, there are two employees from Ottawa office who's PR is due this month or next month, I may be in a position to submit the count after 1-2 months from Ottawa office,, I heard the processing time for nomination application is 4 months or so

 

[scylla]

what can happen in the worst-case scenario,, they may just refuse the application or ask for employee count from ottawa office ??
I'm asking this because,, there are two employees from Ottawa office who's PR is due this month or next month, I may be in a position to submit the count after 1-2 months from Ottawa office,, I heard the processing time for nomination application is 4 months or so

I would say the absolute worst case scenario is that they would refuse the nomination without asking for any additional information and they could also give you a misrepresentation ban for 5 years which would prevent you from applying for PR through Ontario for 5 years. We see provinces do that from time to time.

 

[DKB_CANADA]

I dont see this as misrepresenatation,, rather lack of understanding ,, that employer provide the form with details from head office rather my work location ,,
the employer form doesnt only have this requirement but also requirement related to revenue,, as below which can be company wide details rather specific location,, they should ask for details from ottawa office considering this as lack of understanding ??

2. Revenue requirements
Your employer’s business must meet the relevant revenue requirements for the most recently completed fiscal year (the year used for tax or accounting purposes):

• a minimum of $1,000,000 in total gross annual revenue if you will work or report to work at a location in the Greater Toronto Area (City of Toronto, Durham, Halton, York and Peel regions) or
• a minimum of $500,000 in total gross annual revenue if you will work or report to work at a location outside the Greater Toronto Area

 

[DKB_CANADA]

I guess I got your point,, since I dont work in more than one location I can't use Montreal just because my manager sits there,,
if I mention Montreal may looks like ,, I work there or work in multiple location which violates the work permit condition ,, best is I shoud not apply.

 

[scylla]

I dont see this as misrepresenatation,, rather lack of understanding ,,

I don't really see it this way. But I'm not the one processing your nomination. It's your choice what you do.

The reason you want to pick Montreal is because Ottawa doesn't meet the requirements.

There's no requirement for the province to request more information if they feel your application or the employer form is incomplete. They are free to make a decision on the nomination based on what you've submitted and without asking for anything else.

Your choice what you do. As said earlier, you can consult with a lawyer.