(Employer Job Offer Stream – Ontario Immigrant Nominee Program)

When preparing an application under the Ontario Immigrant Nominee Program (OINP) Employer Job Offer Stream, one of the most common questions is whether an employer can backdate a job offer to make it look like the offer existed earlier. The answer is no. A job offer cannot be backdated to appear older than it really is. Instead, the correct approach is to use proper documentation to show that there is an eligible job offer and, if required, that the employee meets the necessary work experience.

Requirements for an OINP Job Offer

To support an OINP application, the job offer must be:

• Genuine
• Full-time and permanent (non-seasonal)
• Valid on the date of application

The date on the offer letter must reflect when the offer was actually issued.

If the Permanent Job Offer Was Signed a While Ago

Sometimes a permanent offer was signed earlier and is now being used for the OINP application. In that case, the employer must show that the offer is still valid at the time of application. This can be done by:

• Issuing a new job offer that meets all OINP requirements and includes the updated terms of employment
• Providing a confirmation of the existing permanent offer, making sure it meets OINP requirements and reflects any updated terms (for example, the employee’s current wage)

If the Employee Already Has Two Years of Work Experience

If the employee has already worked for the employer for two years and this meets the work experience requirements, the work history should be documented with:

• An employment confirmation letter
• T4 statements
• Paystubs

The employer must not change the date of the offer letter or create a backdated contract to demonstrate experience.

Actions Employers Can Take (Allowed by OINP)

• Issue a new job offer or provide a confirmation of an existing job offer
• Include the employee’s original start date in the letter
• Attach proof of employment such as paystubs, contracts or evaluations

Actions Employers Cannot Take (Risk of Misrepresentation)

• Changing the date on a job offer letter
• Creating backdated offers or documents that did not previously exist

Any alteration may put the application at risk of misrepresentation and refusal.

What a Compliant OINP Job Offer Letter Must Include

• Current issue date
• Job title and duties
• Wage and hours
• Employment benefits
• Statement that the job is permanent, full-time, continuous and indeterminate
• Signature and contact information of an authorized representative

Using accurate documentation and ensuring that the job offer reflects the real timeline protects both the applicant and the employer throughout the OINP process.

Our Cross-Country PNP session took place last week — you can view it here: