Ontario Immigrant Nominee Program: Who can apply

Closure of the Ontario Immigrant Nominee Program (OINP)’s Investor Component
 

The Ministry of Citizenship and Immigration is redesigning its OINP business streams to better address the changing needs of Ontario’s economy.

Effective immediately, new applications under the OINP Investor Component will no longer be accepted.
Applications for the redesigned business streams will be available in fall 2015.

All Investor Component applications received on or before October 29, 2015 will not be affected and will be processed under the current Investor Component criteria as it applied at the date of application.

This closure to new applications only applies to the OINP Investor Component.

Click here to read the full announcement on the closure of the Investor Component.

Immigration and Refugee Protection Regulations

Ontario determines which economic immigrants it wishes to select (i.e. nominate) to the federal government for permanent resident status. However, Section 87 (5, 6 and 9) of the Immigration and Refugee Protection Regulations (IRPR), which governs all provincial nominee programs, limits that authority by excluding certain individuals from being nominated by any province, including Ontario.

IRPR Section 87 (5) specifies that provinces not nominate foreign nationals if:

  1. The nomination was based on the provision of capital by the foreign national, or
  2. The foreign national intends to participate in, or has participated in, an “immigration-linked investment scheme”

IRPR Section 87 (9) defines an “immigration-linked investment scheme” as a strategy or plan:

  1. Where one of the objectives is to facilitate immigration to Canada of a foreign national and where promoters of the strategy/plan are seeking to raise capital; or
  2. Where the agreement or arrangement was entered into primarily for the purpose of acquiring a nomination.
 

Individual Investors

Although the investment component of the Ontario Immigrant Nominee Program is geared towards companies making an investment in the province, individual investors seeking nomination can also qualify for the program.

However, they must meet all of the following four additional eligibility criteria specified by IRPR Section 87 (6):

  • 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

*** This is not a legal document. For legal information, consult the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

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