Fasken advises a provider of insurance benefits for Canadian small businesses on a variety of immigration matters, including a work permit based on a Labour Market Impact Assessment under the Global Talent Stream and an application for a nomination certificate from the Ontario Immigrant Nominee Program (OINP) in support of an application for permanent residence.
We reviewed a key technical employee’s eligibility for permanent residence, and determined that an application for a nomination certificate under the OINP’s Employer Job Offer: Foreign Worker stream was the only viable option. The OINP officer responsible for deciding this application issued a Notice of Intent to Refuse (NOIR) as the employee works primarily from home. The Ontario Immigration Act, 2015 has not been updated to account for the prevalence of remote work and there is ambiguity in the OINP’s definition of the location where the applicant reports to work.
After reviewing our written submissions, which addressed both the circumstances of the employee’s working arrangement with his employer and the spirit of the OINP program requirements, the officer set aside the NOIR and issued the nomination certificate.
Fasken advises the client with a team led by a former lawyer and Jean-Philippe Daigle (Paralegal).
Jurisdiction
- Ontario