Ontario Immigration Nominee Program OINP Entrepreneur Stream

/Ontario Immigration Nominee Program OINP Entrepreneur Stream
Ontario Immigration Nominee Program OINP Entrepreneur Stream 2017-12-02T02:25:05+00:00
OINP Entrepreneur Stream

Ontario Immigration Nominee Program OINP Entrepreneur Stream

Ontario Immigration Nominee Program OINP Entrepreneur Stream is for business and investors who are looking to start a new business venture or buy an existing business in Ontario. Eligible applicants will first get a temporary work permit support letter based on a signed performance agreement to establish or acquire a business in Ontario.

Ontario Immigration Nominee Program OINP Entrepreneur Stream  investment and job creation outlined in the performance agreement are met, the investor or entrepreneurs will have the opportunity to be nominated by the OINP for Canadian permanent resident status.

Ontario Immigrant Nominee Program OINP Entrepreneur Stream

Ontario Immigrant Nominee Program OINP Entrepreneur Stream is for business and investors who are looking to start a new business venture or buy an existing business in Ontario.

Eligible applicants will first get a temporary work permit support letter based on a signed performance agreement to establish or acquire a business in Ontario. If the investment and job creation outlined in the performance agreement are met, the investor or entrepreneurs will have the opportunity to be nominated by the OINP for Canadian permanent resident status. Business people and investors interested in Ontario Immigration Nominee Program OINP Entrepreneur Stream must first submit an Expression of Interest. Eligible expression of interest applicants with highest score will be invited to apply for nomination to Toronto, the lower mainland or outside the lower main land of Ontario based on the size of their investment and other criteria of the Ontario Immigration Nominee Program OINP Entrepreneur Stream.

Ontario Immigrant Nominee Program OINP Entrepreneur Stream online application process make it easier to submit an Expression of Interest (EOI) profile application, you can use the online system to apply to the Entrepreneur Stream if you successfully received an invitation. The OINP online application system allow faster processing times for applicants.

You can learn more about the OINP Entrepreneur Stream through the following sections:

Minimum Eligibility Requirements - OINP Entrepreneur Stream

OINP Entrepreneur Stream - Minimum Requirements for Applicants

In order to make an Expression of Interest (EOI) under OINP Entrepreneur Stream, applicants must:

  • Have at least 36 months of full-time business experience in the last 60 months as a business owner or senior manager;
    • If the applicant has experience as both a business owner and a senior manager, he or she must choose only ONE to use for the EOI and for the application.
  • Have a minimum net worth, which varies depending on where the business will be located;
    • applicants must have a minimum net worth of $1,500,000 For businesses located in the Greater Toronto Area (GTA), 
    • applicants must have a minimum net worth of $800,000 For businesses located outside the GTA,
    • applicants must have a minimum net worth of $800,000 For businesses in the ICT/Digital Communications sector (regardless of where it will be located)
  • In order to demonstrate their net worth applicants must provide a third party verification report, prepared by an authorized service provider.
  • depending on the location of the proposed business make a minimum personal investment as follow;
    • applicants must make a minimum personal investment of $1,000,000 If the proposed business will be located within the GTA,
    • applicants must make a minimum personal investment of $500,000 If the proposed business will be located outside the GTA,
    • applicants must make a minimum personal investment of $500,000 If the proposed business will be in the ICT/Digital Communications sector (regardless of where it will be located).
  • Must own a minimum equity ownership in the business of 33.3 percent (one-third);
  • The business plan must include creating at least two permanent, full-time jobs for Canadian citizens or permanent residents; and 
  • the applicant must create two new full-time permanent positions in addition to the current staff If purchasing an existing business.
  • If purchasing an existing business make at least one business-related visit to Ontario in the 12 months prior to submitting the Expression of Interest EOI application to Ontario Immigrant Nominee Program OINP Entrepreneur Stream.

NOTE: If the applicant business plan includes a Business Partner who is also seeking nomination, both the applicant and the Business partner must each meet all the minimum requirements listed above.

Minimum Requirements for Businesses - Ontario Immigrant Nominee Program OINP Entrepreneur Stream

The applicant proposed business must meet the following general requirements to participate in the Ontario Immigrant Nominee Program OINP Entrepreneur Stream:

  • The proposed business plan purpose must intend to make a profit through the sale of goods and/or services;
  • Income of the proposed business must be from active business income earned, Business with passive income is not eligible;
  • The proposed business must comply with Canadian legal requirements and all regulatory industry and licensing requirements which govern its legitimate operation;
  • The proposed business must comply with all Ontario labour laws, including employment standards, health and safety and labour relations legislation;
  • The proposed business must be a permanent business in Ontario; and
  • Third party investors must be a Schedule I or Schedule II bank or an institutional investors.

Other requirements specific to business succession program - Ontario Immigrant Nominee Program OINP business succession stream ONLY:

  • Any existing business must have been in continuous operation by the same owner or group of owners for the five years prior to the applicant's purchase of the business;
    • Proof of ownership and either a letter of intent to purchase the business or sale agreement is required.
  • The purchase must completely transfer ownership from the previous owner(s) to the applicant, his or her Business Partner, if applicable, and any third party investor(s), if applicable;
  • The proposed business must not have been previously owned or operated by a current or former OINP business stream nominees;
  • The applicant business plan must detail and preserve all existing permanent full-time jobs and create two additional permanent full-time jobs;
  • The applicant must maintain, at minimum, the current wage levels and employment terms of existing staff; and
  • The proposed applicant business plan must demonstrate that the applicant intends to grow the business. 

Minimum Requirements for Nominations - Ontario Immigrant Nominee Program OINP Entrepreneur Stream

Ontario Immigrant Nominee Program OINP Entrepreneur Stream applicants must meet the minimum requirements in order to be nominated after they have established the proposed business and met the performance agreement signed with OINP. Successful applicants may obtain a nomination certificate so apply for Canadian permanent resident PR.

Ontario Immigrant Nominee Program OINP Entrepreneur Stream Applicants must meet the following criteria after after the business has been established, not during the application for the Ontario Immigrant Nominee Program OINP Entrepreneur Stream.

  • Applicants must demonstrate official language proficiency at a Canadian Language Benchmark (CLB) 4 level or equivalent.
    • CLB 4 can be demonstrated through the following International English Language Testing (IELTS) General Test Scores andTest d'Évaluation de Français(TEF) scores in each language proficiency:
      • Listening: IELTS 4.5 or TEF 145-180
      • Reading: IELTS3.54 or TEF 121-150
      • Writing: IELTS 4 or TEF 181-225
      • Speaking: IELTS 4 or TEF 181-225
    • To meet the active management requirements of the program, applicants must be physically residing in Ontario for 75 percent or nine months out of the year during the the performance agreement period in which they are establishing the business in Ontario.

Ineligible Businesses - Ontario Immigrant Nominee Program OINP Entrepreneur Stream

Ontario will not process applications where there is a risk of little to no long-term economic benefit to the province. Consequently, the proposed business cannot be included in the following list of ineligible businesses.

Ineligible Businesses in the Greater Toronto Area (GTA)

  • Existing Franchises in Ontario (new foreign franchises expanding into Ontario are permitted)
  • Gas Stations
  • Tire Recycling
  • Scrap Metal Recycling
  • Pawnbrokers
  • Bed and Breakfasts
  • Holding Companies
  • Laundromats
  • Automated Car Wash Operations
  • Payday loan and related businesses
  • Businesses which have been previously owned/operated by current or former OINP business stream nominees

Ineligible Businesses outside the GTA

  • Tire Recycling
  • Scrap Metal Recycling
  • Pawnbrokers
  • Holding Companies
  • Laundromats
  • Automated Car Wash Operations
  • Payday loan and related businesses
  • Businesses which have been previously owned/operated by current or former OINP business stream nominees

Expression of Interest (EOI)

Ontario Immigrant Nominee Program OINP Entrepreneur Stream EOI is not an application, but rather an expression of interest of the applicant that want to participate in the OINP Entrepreneur Stream. If an individual is invited to apply form the EOI OINP pool based on his or her EOI score , he or she may submit a complete application to the Entrepreneur Stream. 

Scoring Factors and Breakdown of Points

Applicants are scored according to a Point Grid and the highest scoring applicants are invited to apply through the Ontario program.

Two-step Process

  1. Obtain preliminary approval and work permit to establish business
  2. Apply for nomination after performance agreements requirement met within 2 years

Minimum Requirements

  1. Minimum investment: CDN$500k outside of GTA, or $1 million in GTA
  2. Net Worth: CDN$800k outside of GTA, $1.5 Million in GTA
  3. Ownership: 33.3%
  4. Job Creation: 2
  5. Experience: 3 out of last 5 years owning or managing a business
  6. English: Canadian Language Benchmark 5 at time of nomination

Other Criteria

  • Permissible to bring a business partner but both partners must meet all requirements
  • Must meet program requirements within 2 years
  • Be actively involved, on an ongoing basis, in the management of the business
  • Control, or will control, at least 33.334% of the equity in the business, or make a minimum $1 million investment in the business
  • Not have the option of redeeming the investment after a specified period
  • Invest the capital in the business not for the primary purpose of deriving interest, dividends or capital gains

Applicants can claim points for factors under three categories: Experience, Investment and Human Capital. The maximum score available is 160 points.

Scoring Sections

Points

Experience Factors

50

Investment Factors

100

Human Capital Factors

20

Total Points Available

170

Experience Factors

Individuals may claim points based on business experience. The number of points is based on the individual's past business ownership experience OR senior management experience in the 60 months prior to submitting an EOI. If the individual has both business ownership and senior management experience in 36 of the past 60 months, he or she must choose one of these experiences in the EOI. As mentioned in the minimum eligibility requirements section above, there is a minimum requirement of 36 months of experience to be eligible for the Entrepreneur Stream.

If the applicant has a Business Partner, the partner must also have a minimum of 36 months of experience in the last 60 months.

Experience Factor 1: Business Owner

Individuals claiming points under this factor must have owned at least 33.3 percent of the business during the period claimed as the length of experience. It must also be demonstrated that they held an active role in the business, meaning that the individual was personally involved in the day-to-day operations of the business and had direct involvement in decision-making.

Experience Factor 2: Senior Manager

The Senior Manager role must have included senior decision-making responsibilities in areas such as operations, sales, finance, marketing, distribution, human resources, research and development, etc.

Experience

Total Duration

Points

Business Owner

Less than 36 months

Not eligible

36 – 47 months

13

48 – 59 months

19

60 months

25

OR

Senior Manager

Less than 36 months

Not eligible

36 – 47 months

8

48 – 59 months

14

60 months

20

Total Points Available

25

Experience Factor 3: Specific Experience

Individuals may claim points based on their past specific experience in a high growth business and/or in an export trade business.

  • High Growth Business Experience:experience in a business that experienced at least 20 percent increase in revenue for two consecutive years. Submission of supporting documentation (e.g. financial statements) is mandatory if the individual is invited to apply.
  • Export Trade Business Experience:experience in a business exporting at least 20 percent of total goods/services to a foreign market. Submission of supporting documentation (e.g. financial statements with export declarations, purchase orders, invoices) is mandatory if the individual is invited to apply.

Business owners who can provide supporting documentation verifying that their business was a high growth business or an export-trade business may claim these points.

Senior managers who can provide a reference letter from the employer and/or other supporting documentation indicating that their role in the business had a direct decision-making authority or a direct impact on the high growth activity/activities of the business may claim these points.

Past Specific Experience

Points

None

0

Yes: one past specific experience

15

Yes: two past specific experiences

25

Total Points Available

25

Investment Factors

Investment Factor 1: Net Worth

Personal net worth must be obtained legally and verifiable. Personal net worth includes all assets and those of the applicant's spouse or common-law partner, less any liabilities including mortgages and personal debts. Net worth must be in the applicant's and his or her spouse OR common-law partner’s name.

The Ontario Immigrant Nominee Program OINP Entrepreneur Stream minimum eligibility minimum requirement for personal net worth to be eligible for the Entrepreneur Stream, which varies according to where the proposed business will be located.

If the Ontario Immigrant Nominee Program OINP Entrepreneur Stream applicant has a Business Partner, the partner must also meet the appropriate minimum personal net worth requirement.

Personal Net Worth

Points

If the proposed business 
will be within the GTA

Less than $1,500,000

Not eligible

$1,500,000 to $1,999,999

2

$2,000,000 to $2,499,999

5

$2,500,000 to $2,999,000

8

$3,000,000 to $3,499,999

11

More than $3,500,000

15

OR

If the proposed business
will be outside the GTA

OR

If the proposed business
will be in the ICT/Digital 
Communications Sector 
(regardless of location)

Less than $800,000

Not eligible

$800,000 to $1,299,999

2

$1,300,000 to $1,799,999

5

$1,800,000 to $2,299,999

8

$2,300,000 to $2,799,999

11

More than $2,800,000

15

Total Points Available

15

Investment Factor 2: Investment Amount

The minimum eligible personal investment must be derived from the Ontario Immigrant Nominee Program OINP Entrepreneur Stream applicant's personal net worth.

In order to be considered an eligible investment, the expenditure must be essential to the establishment and operation of a new business or to purchase, improve and operate an existing business.

If the Ontario Immigrant Nominee Program OINP Entrepreneur Stream applicant is purchasing an existing business, he or she must:

  • Invest some funds towards improvement/expansion of the business; and
  • Note that improvement and expansion does not include regular operating expenses such as recurring inventory, wages, rent, utilities, or maintaining the same levels of marketing or advertising expenses, legal or professional fees, business licenses, etc.

The following are considered ineligible investments:

  • Cash, cash equivalents or working capital; and
  • Wage payments made to the applicant him/herself and his/her family members.

As mentioned in the minimum eligibility requirements section above, there is a minimum requirement for investment amount to be eligible for the Entrepreneur Stream, which varies according to where the proposed business will be located.

If the applicant has a Business Partner, the partner must also meet the appropriate minimum investment amount requirement.

Investment Amount

Points

If the proposed business 
will be within the GTA

Less than $1,000,000

Not eligible

$1,000,000 to $1,499,999

2

$1,500,000 to $1,999,999

6

$2,000,000 to $2,499,000

10

$2,500,000 to $2,999,999

14

More than $3,000,000

20

OR

If the proposed business
will be outside the GTA

OR

If the proposed business
will be in the ICT/Digital 
Communications Sector 
(regardless of location)

Less than $500,000

Not eligible

$500,000 to $999,999

3

$1,000,000 to $1,499,999

8

$1,500,000 to $1,999,999

13

$2,000,000 to $2,499,999

18

More than $2,500,000

25

Total Points Available

25

Investment Factor 3: Job Creation

Applicants may claim points based on the total number of permanent full-time jobs they will create for Canadian citizens or permanent residents. 

Applicants must demonstrate that they will create at least two permanent full-time jobs for Canadian citizens or permanent residents in order to be eligible under the OINP Entrepreneur Stream, as mentioned in the above minimum requirements section. These jobs must be paid at the prevailing wage rate and must consist of a minimum of 1,560 hours of paid employment in a 12-month period.

If the applicant has a Business Partner, he or she must also create two jobs, making a total of four new jobs for the proposed business.

Job Creation

Points

Fewer than 2 jobs

Not eligible

2 jobs

5

3 – 4 jobs

12

5 – 6 jobs

19

7 or more jobs

20

Total Points Available

20

Investment Factor 4: Exploratory Visits

Applicants may claim points based on any business-related visits to Ontario made within the year prior to the EOI submission. There is no mandatory requirement for exploratory visits, unless the applicant is purchasing an existing business.

Exploratory Visits to Ontario

Points

No

0

Yes: one visit in the last year

2

Yes: two or more visits in the last year

5

Total Points Available

5

Investment Factor 5: Key Sector Targeted

Applicants may claim points if the proposed business is in a key sector, as determined by the government of Ontario.

These key sectors have been defined as economic priorities for Ontario:

  • Aerospace
  • Automotive
  • Financial services
  • Food and Beverage Manufacturing
  • Information & Communications Technology
  • Life Sciences
  • Mining
  • Tourism Investment
  • Water Technology
Key Sector Targeted

Points

No

0

Yes

10

Total Points Available

10

Investment Factor 6: Business Location

Individuals may claim points based on the location of the proposed business.

The OINP uses Cencus Metropolitan Area (CMA) and Census Agglomeration (CA) data to divide business locations into three broad categories based on population size.

CMAs and CAs are areas consisting of one or more neighbouring municipalities situated around a population centre (known as a core). A CMA is defined as having a total population, of at least 100,000 of which 50,000 or more live in the core. A CA is defined as having a core population of at least 10,000. Some locations may be part of larger categories. Therefore, individuals may find the business location is in a CMA or CA.

Business Location

Points

CMA with a population of 175,000 or more

0

CMA or CA with a population greater than 100,000 but less than 175,000

5

Other location with a population of 100,000 or below

10

Total Points Available

10

Investment Factor 7: National Occupation Classification (NOC) 0, A or B Jobs

Applicants may claim points based on the NOC 0, NOC A or NOC B jobs their proposed business will create for Canadian citizens or permanent residents. 

Creation of N0C 0, A or B Jobs

Points

Yes: NOC 0 or A job(s)

15

Yes: NOC B job(s)

10

No: Only NOC C and/or NOC D jobs

0

Total Points Available

15

Human Capital Factors

Human Capital Factor 1: Level of Education

Applicants may claim points based on their highest level of education completed. There is no minimum requirement to be considered for the Entrepreneur Stream.

Applicants invited to apply who are claiming to have completed six months or more of post-secondary education will be required to provide evidence of this education, including Educational Credential Assessment (ECA) results.

Level of Education

Points

No post-secondary education

0

Between six months and two years of post-secondary education

2

More than two years of post-secondary education

5

Total Points Available

5

Human Capital Factor 2: Official Language Ability

While it is not mandatory to demonstrate language abilities in English and/or French in to be considered for the Entrepreneur Stream at the time of submitting the EOI, language proficiency equivalent to Canadian Language Benchmark (CLB) 5 is required at the time of nomination by OINP. 

Applicants must demonstrate their language proficiency with either the International English Language Testing System (IELTS) General Test scores, Canadian English Language Proficiency Index Program (CELPIP), or Test d’Evaluation de Français (TEF). 

Official Language Ability

Points

None or minimal (CLB 3 or below)

3

Basic understanding (CLB 4)

10

Intermediate and advanced (CLB 5 or higher)

15

Total Points Available

15

To learn more about CLBs and language ability, click here.

Expression of Interest (EOI) Scoring, Draws, and Processing Periods

Meeting all the minimum requirements does not guarantee that an applicant will be invited to apply to the OINP Entrepreneur Stream. There is no minimum score, as EOIs will be ranked against each other and only top candidates will be invited to apply. If an applicant is applying with a Business Partner, the final score will be calculated using the lowest submitted score of the two candidates. This final score will be used to rank the EOI against other EOI scores received.

At the beginning of each Processing Period, a draw will occur, with only the top scoring EOI’s being selected for processing. Draws occur approximately every 120 days. The final “cut-off” score may vary between Processing Periods due to differences in scores submitted during respective months.

EOIs not selected within 12 months from the date of receipt will be removed from the selection pool. Individuals will be able to re-apply to enter the selection pool after an EOI has been removed.

Interview

The applicant (and Business Partner, if applicable) is required to attend a mandatory in-person interview at OINP’s offices. The purpose of the mandatory interview is to get a better understanding of the business plan and past experience. The applicant (and Business Partner, if applicable) is responsible for all transportation arrangements and costs incurred associated with the interview.

Performance Agreement

If the application is approved, the applicant (and Business Partner, if applicable) will be required to sign a Performance Agreement with the province of Ontario. The Performance Agreement outlines the commitments required in order to be nominated for permanent resident status. This document will include, but may not be limited to:

  • A description of the business (including industry and its location);
  • The investment amounts and timelines;
  • The number and type of jobs to be created for Canadian citizens or permanent residents;
  • Mandatory business milestones and achievements (depending on the specific business); and
  • Timeframes for any commitments.

Performance Agreements are unique to each applicant and are based on the information provided in the application (including the EOI), the business plan, and the interview, if applicable. Applicants who fail to satisfy the business commitments outlined in the Performance Agreement will not be eligible for nomination for permanent resident status.

Once the applicant (and his or her Business Partner, if applicable) have signed the agreement, OINP will issue a Letter of Confirmation so that he or she can apply to Immigration, Refugees and Citizenship Canada (IRCC) for a temporary work permit. 

Business Establishment

After the Performance Agreement is signed, successful applicants must arrive in Ontario with their valid temporary work permit issued by IRCC within one year of the date of the Letter of Confirmation. 

After arrival in Ontario, individuals have up to 20 months to implement the business plan and meet all commitments under the Performance Agreement. Successful applicants are responsible for submitting a Final Report to the OINP between 18 and 20 months after their arrival in Ontario with a valid temporary work permit. The Final Report should demondtrate that the candidate has met all objectives set out in the Performance Agreement.

The required permanent full-time jobs created by the new business must be filled within 10 months of the date of the applicant's arrival in Canada and they must remain filled for at least 10 months, up to the date that the Final Report is submitted to the OINP.

The Final Report along with supporting documentation must be submitted to the OINP in order to initiate the nomination process.

Nomination Requirements

Successful nominees must apply to IRCC for permanent resident status within six months of being nominated by OINP. In addition to meeting all obligations of the Performance Agreement, applicants (and their Business Partners, if applicable) must:

  • Be actively involved in the day-to-day management of the business;
  • Physically reside in Ontario for 75 percent of the year (nine months out of the year) to support the business during the performance agreement period; and
  • Demonstrate CLB 5 or equivalent language ability.

Federal immigration requirement including admissibility requirements, including security and medical background checks, also apply.

Performance Agreement

If your application is approved, you will be required to sign a Performance Agreement with the Province of Ontario. The Principal Applicant and your business partner where applicable must sign the Performance Agreement. The Performance Agreement will outline the commitments required in order to be nominated for permanent resident status. This document will include, but may not be limited to:

  • A description of your business (including industry and its location)
  • The investment amounts and timelines
  • The number and type of jobs to be created for Canadian citizens or permanent residents
  • Mandatory business milestones and achievements (depending on your specific business)
  • Timeframes for any commitments

Performance Agreements are unique to each applicant and are based on the information provided in your application including your EOI submitted, your business plan, and your interview.

If you fail to satisfy the business commitments outlined in the Performance Agreement, you will not be eligible for nomination for permanent resident status.