Education to Immigration: Maximize Your Chances of Canadian Residency

Immigration Law
Reading Time: 10 minutes

Many students choose Canada for their education with a primary goal of gaining permanent residency. With recent changes to admission policies for Canadian universities and colleges, along with new requirements for Post-Graduation Work Permits (PGWPs), students face an increasingly complex landscape that may challenge their path to immigration. These challenges, if not addressed carefully, can reduce or even nullify a student’s chances of success. For a detailed guide on choosing programs and schools that enhance your chances of a successful immigration journey, read our article Canada: Study and Immigrate Successfully.

This article will discuss the federal and Ontario-specific pathways available for graduates, including the Canadian Experience Class (CEC) and Ontario Immigrant Nominee Program (OINP) streams, such as Employer Job Offer: International Student Stream, Masters Graduate Stream, and PhD Graduate Stream. By understanding these pathways, students can make well-informed decisions to avoid pitfalls on their path to Canadian permanent residency.

Federal Immigration Pathway for Graduates

Canadian Experience Class (CEC)

The Canadian Experience Class (CEC) is a popular immigration pathway for those who have completed their studies and gained relevant work experience in Canada. This stream is part of the federal Express Entry system, which allows graduates with Canadian work experience to become permanent residents.

Program Overview

  • Minimum Education Level: No minimum education requirement, but having Canadian education improves CRS (Comprehensive Ranking System) score.
  • Work Experience Requirement: Minimum one year of skilled work experience in Canada within the past three years before applying.

Eligibility Requirements

  1. Work Experience: Applicants need a minimum of one year of skilled work experience (National Occupational Classification [NOC] 0, A, or B) in Canada.
  2. Language Proficiency: A minimum score of Canadian Language Benchmark (CLB) 7 for NOC 0 or A jobs, and CLB 5 for NOC B jobs.
  3. Residence: Applicants must have legally lived in Canada while gaining work experience.

Application Process

  • Create an Express Entry Profile: Applicants must submit an online profile through the IRCC website.
  • Receive an Invitation to Apply (ITA): After creating a profile, candidates are ranked, and those with the highest scores receive an ITA.
  • Submit Documents and Pay Fees: Submit the necessary documents, including proof of education, work experience, and language proficiency, along with the required application fees.
  • Processing Time: Typically six months from submission after receiving an ITA.

Key Tips for Maximizing CRS Score

  • Study in High-Demand Fields: Programs in fields like STEM (Science, Technology, Engineering, and Mathematics) often score higher.
  • Proficiency in French: Bilingual candidates may earn additional points for French proficiency, boosting their CRS score.

Ontario Immigrant Nominee Program (OINP)

Ontario offers specific programs for international graduates who have studied in the province. The OINP includes various streams tailored to graduates with job offers, as well as advanced degree holders (Masters and PhD).

OINP Employer Job Offer: International Student Stream

The Ontario Immigrant Nominee Program (OINP) Employer Job Offer: International Student Stream offers a pathway for international graduates to secure permanent residency in Ontario through a valid job offer. This stream is unique because it does not require prior work experience, making it highly attractive to recent graduates. However, both the applicant and the employer must meet a range of requirements, and the application process involves both provincial and federal stages. Below, we cover each requirement in detail and explain the application process step-by-step.

Eligibility Applicant Requirements

  1. Educational Background:
    • Must have completed a degree or diploma from an eligible Canadian institution.
    • The program of study must have been at least two years in length if it was a diploma or degree program.
    • Alternatively, if it was a degree program of one year, it must require a prior degree as a prerequisite.
  2. Job Offer:
    • The applicant must have a valid job offer in Ontario in an occupation classified under the National Occupational Classification (NOC) skill level 0, A, or B.
    • The job offer must be for a full-time, permanent position with an annual salary that meets the prevailing wage for the occupation in Ontario.
  3. Intention to Reside in Ontario:
    • The applicant must demonstrate their intention to live and work in Ontario on a long-term basis.
  4. Legal Status in Canada:
    • Applicants must be legally residing in Canada at the time of application, if they are applying from within Canada.
    • Those currently outside of Canada may apply but must have a valid work permit if they are working in Canada.
  5. Language Proficiency:
    • Although there is no mandatory language requirement for this stream, a higher proficiency in English or French can improve the candidate’s overall eligibility.

Eligibility Employer Requirements

  1. Operational Status:
    • The employer must be actively operating in Ontario for a minimum of three years prior to the application date.
  2. Business Location:
    • The employer’s business premises must be located in Ontario, and the offered job position must also be in Ontario.
  3. Financial Position:
    • If the business is located in the Greater Toronto Area (GTA), it must have at least $1 million in gross revenue from the previous fiscal year.
    • If the business is located outside the GTA, the revenue requirement is at least $500,000 from the previous fiscal year.
  4. Employee Count:
    • For businesses within the GTA, the employer must employ at least five full-time Canadian citizens or permanent residents.
    • For businesses outside the GTA, the employer must employ at least three full-time Canadian citizens or permanent residents.
  5. Job Offer:
    • The job offer must meet Ontario’s prevailing wage for the specific occupation.
    • The job position must be necessary to the employer’s business operations and must align with the applicant’s skills and qualifications.

Strategies for Maximizing Success

  • Seek Employment in High-Demand Regions: Employers outside the GTA, particularly in northern or rural Ontario, may face less competition, improving the chances of a successful job offer.
  • Enhance Language Proficiency: Achieving a higher level of English or French proficiency, even though it is not mandatory, can strengthen the application.
  • Align Job Offer with Skills: A job offer that matches the applicant’s educational background and skills may improve application success.
  • Show Clear Intent to Stay in Ontario: Demonstrating long-term plans within Ontario, such as renting a residence or community involvement, can support the intention to reside in Ontario.

OINP Masters Graduate Stream

The Ontario Immigrant Nominee Program (OINP) Masters Graduate Stream is designed for international students who have completed a master’s degree from an eligible Ontario university and wish to settle in Ontario as permanent residents. This stream does not require a job offer, making it accessible to graduates who meet specific criteria and wish to contribute to Ontario’s workforce.

Eligibility Requirements

  1. Educational Qualification:
    • Candidates must have completed a master’s degree from an eligible Ontario university.
    • The master’s program must be at least one year in length if studied on a full-time basis.
  2. Residency in Ontario:
    • Candidates must have legally lived in Ontario for at least one year within the last two years before submitting their application. This requirement demonstrates a strong connection to Ontario and increases the likelihood that the candidate will remain in the province.
  3. Language Proficiency:
    • Candidates must demonstrate proficiency in either English or French with a minimum Canadian Language Benchmark (CLB) score of 7. This can be proven by taking a standardized test, such as IELTS for English or TEF for French.
    • High language proficiency supports integration into Ontario’s labor market, ensuring that candidates can effectively contribute to the local economy.
  4. Intention to Reside in Ontario:
    • Candidates must provide evidence that they intend to live and work in Ontario long-term. This may include showing ties to the province, such as previous residence, employment history, or family connections in Ontario.
    • The intention to reside in Ontario is an essential aspect of this stream, as it prioritizes individuals who are likely to settle and integrate within the province.
  5. Sufficient Settlement Funds:
    • Candidates must demonstrate they have enough funds to support themselves and their dependents. Proof of funds can include recent bank statements, employment income, or sponsorship from family members.
    • Sufficient settlement funds ensure that candidates can establish themselves in Ontario without financial assistance from the government, contributing positively to the community.
  6. Legal Status in Canada (if applicable):
    • If candidates are residing in Canada at the time of applying, they must have legal status (e.g., a study permit, work permit, or visitor record). This requirement confirms that candidates are following Canada’s immigration regulations.

Key Strategies to Enhance Eligibility

  • Develop Advanced Language Skills: Scoring higher than the minimum CLB 7 in either English or French can strengthen the candidate’s profile, making it easier to integrate and find employment.
  • Strengthen Ties to Ontario: Candidates can support their intention to reside in Ontario by engaging in local community activities, volunteering, or building professional networks within the province. These ties may reinforce the commitment to stay in Ontario.
  • Maintain a Strong Financial Position: Candidates who can demonstrate consistent financial stability have a stronger application profile. Establishing savings in Canadian accounts or maintaining a solid employment history in Ontario can provide additional proof of financial responsibility.

OINP PhD Graduate Stream

The OINP PhD Graduate Stream is tailored for international students who have completed a doctoral (PhD) degree from an eligible Ontario university. This stream is ideal for PhD graduates who wish to contribute their specialized knowledge and skills to Ontario’s economy and society. Like the Masters Graduate Stream, this program does not require a job offer, but candidates must meet specific requirements to qualify.

Eligibility Requirements

  1. Educational Qualification:
    • Candidates must have earned a PhD degree from an eligible Ontario university.
    • The PhD program must be completed on a full-time basis and should generally take at least two years.
  2. Residency in Ontario:
    • Candidates must have legally lived in Ontario for at least one year within the two years prior to submitting their application. This residency requirement ensures that candidates have established connections within Ontario and are likely to remain in the province.
    • Residency in Ontario reinforces the candidate’s commitment to contributing to the local community and economy.
  3. Intention to Reside in Ontario:
    • Candidates must prove their intent to live and work in Ontario. This intention may be supported by evidence such as job search activities, family connections, or previous long-term residence in Ontario.
    • Demonstrating a clear intention to reside in Ontario is crucial, as this stream is meant to attract individuals who aim to establish their long-term future within the province.
  4. Sufficient Settlement Funds:
    • Candidates are required to show they have adequate funds to support themselves and any dependents when they settle in Ontario. Proof of funds may include bank statements, income from employment, or support from family members in Canada.
    • Financial self-sufficiency is critical to ensure that candidates can integrate into the Ontario economy without needing government assistance.
  5. Legal Status in Canada (if applicable):
    • If the candidate is residing in Canada at the time of application, they must have legal status, such as a study permit, work permit, or visitor record.
    • Legal status confirms that the candidate is abiding by Canada’s immigration laws and regulations, which is essential for eligibility.

Key Strategies to Enhance Eligibility

  • Showcase Research Relevance: PhD graduates who have conducted research in fields with high demand in Ontario, such as technology, healthcare, and environmental sciences, can strengthen their application. This relevance highlights the candidate’s potential contribution to Ontario’s economic growth.
  • Engage in Ontario-Based Networks: Candidates who have developed professional networks in Ontario or are actively involved in Ontario-based research projects can enhance their connection to the province. Collaborations with Ontario institutions or companies show a strong commitment to staying in the province.
  • Demonstrate Financial Stability: Consistent financial stability through savings, investments, or employment income can provide additional assurance of the candidate’s preparedness for settlement. Establishing a strong financial background reinforces their readiness to support themselves in Ontario.

Both the OINP Masters Graduate Stream and PhD Graduate Stream offer excellent opportunities for international graduates to transition to permanent residency in Ontario. These pathways allow candidates to leverage their academic achievements and establish a successful future in Ontario without the requirement of a job offer. For individuals meeting these criteria, these streams are promising avenues to contribute to Ontario’s workforce and build long-term roots in the province.

Application Process for Ontario Immigrant Nominee Program (OINP)

The application process for Ontario Immigrant Nominee Program (OINP) involve two main stages: a provincial stage managed by the Ontario Immigrant Nominee Program (OINP) and a federal stage managed by Immigration, Refugees and Citizenship Canada (IRCC). Below is a step-by-step outline of both stages.

Stage 1: Ontario Provincial Nomination Process

  1. Submit an Expression of Interest (EOI):
    • Applicants begin by creating a profile in the OINP’s Expression of Interest (EOI) system. The EOI ranks applicants based on factors such as education, language skills, and work experience.
    • A higher EOI score increases the chances of receiving an invitation to apply.
  2. Receive an Invitation to Apply (ITA):
    • The OINP periodically selects high-ranking EOIs and issues Invitations to Apply (ITA) for a provincial nomination.
    • After receiving an ITA, applicants have 14 calendar days to complete and submit the full application.
  3. Complete the Provincial Application:
    • Submit the completed application through the OINP e-Filing Portal, including documentation to verify education, language proficiency, intent to reside in Ontario and other documents.
    • Pay the non-refundable application fee.
  4. OINP Assessment and Decision:
    • The OINP reviews the application to ensure the candidate and employer meet all eligibility criteria. Processing times vary but generally take two to three months.
    • If approved, the applicant receives a provincial nomination certificate, which is valid for six months. This certificate allows them to apply for permanent residency at the federal level.

Stage 2: Federal Permanent Residency Application Process

Once nominated by Ontario, applicants proceed with their federal application through IRCC under the Provincial Nominee Program (PNP).

  1. Prepare and Submit Permanent Residency Application to IRCC:
    • Applicants use their OINP nomination certificate to apply to IRCC for permanent residency. The application can be submitted through the paper-based process or online (if eligible).
    • The application must include the provincial nomination certificate and other supporting documents like police clearance certificates and medical examinations.
  2. Completeness Check:
    • IRCC conducts a completeness check on the submitted application to ensure that all documents are provided. If incomplete, the application may be returned.
  3. IRCC Processing:
    • IRCC processes the application, which includes background and security checks, as well as verifying the applicant’s admissibility.
    • Processing times vary but generally take about 12 to 19 months for paper-based applications under the PNP.
  4. Final Decision and Issuance of Confirmation of Permanent Residence (COPR):
    • If the application is successful, the applicant receives a Confirmation of Permanent Residence (COPR) document, enabling them to complete the immigration process and become a permanent resident upon entry to Canada.

MBLAW is ready to guide you through every step of your Canadian immigration journey, from selecting the right study program to securing work and study permits and navigating the provincial and federal immigration pathways. We also conduct webinars on education and immigration in Canada in both Russian and English, providing the latest insights and strategies for a successful transition. Our team is here to support you, offering expertise and personalized solutions for maximizing your chances of a smooth and successful process. Contact MBLAW today for a consultation on your path to study and immigrate to Canada.

Disclaimer

The Content is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. Content is provided solely for informational purposes. It is not intended to be legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting members of MBLAW (or your own legal counsel) in relation to your specific legal issues.

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