26/2/2015
International Mobility Program: Employerspecific work permits with Labour Market Impact Assessment exemptions
International Mobility Program: Employerspecific work permits with Labour Market Impact Assessment exemptions This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.
On February 21, 2015, new regulations came into effect requiring employers who provide offers of employment to foreign nationals in the International Mobility Program to provide their offer of employment directly to Citizenship and Immigration Canada (CIC) using the form and electronic system provided; electronically pay the new employer compliance fee (/english/information/fees/index.asp). In addition, the employer must provide a copy of this offer of employment form to the foreign national for inclusion in their work permit application. These new Regulations allow for improved integrity in the International Mobility Program and support a more robust employer compliance scheme.
New Regulations Section R209.11 stipulates that an employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes their application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose: a. their name, address and telephone number, and fax number and electronic mail address, if any; b. the business number assigned to the employer by the Minister of National Revenue, if applicable; http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/specific.asp
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International Mobility Program: Employerspecific work permits with Labour Market Impact Assessment exemptions
c. information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national referred to in section 207; and d. the offer of employment made in the form provided by the Department.
Direct submission of offer of employment from the employer Employers must submit their offer of employment using the electronic system that CIC provides for submission and pay the fee electronically prior to the submission of a work permit application based on the offer. There will be three parts to this process for the employer. 1. Pay the employer compliance fee using the Pay Your Fees (/english/information/fees/index.asp) page. 2. Once they have received a receipt number, they must complete the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802 (PDF (Portable Document Format), 1.56 MB (Megabyte)) (/english/pdf/kits/forms/IMM5802E.pdf)]. On completion of the IMM 5802 form, the employer will submit the form electronically by choosing the “Submit” button and following the steps for choosing their preferred email application. This will populate the email with the correct information and attach the offer of employment for direct submission to CIC. Note: This form replaces the job offer letter previously required to support LMIA exempt work permit applications from foreign nationals.
1. The employer must then provide a copy of the completed IMM 5802 form to their foreign worker for inclusion with the work permit application.
Processing of LMIAexempt employerspecific work permit applications Step 1: On review of the work permit application for an employerspecific, LMIAexempt work permit, it should be confirmed that the IMM 5802 form is included with the work permit application and is fully completed, including receipt number; http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/specific.asp
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the receipt number is valid. The employer compliance fee is to be captured separately from the work permit processing fee using the work permit Fee view tab in the Global Case Management System (GCMS). Note: The “before the foreign national makes their application” requirement has no specific time frame; therefore, as long as the foreign national includes a copy of the IMM 5802 form with a valid receipt number, CIC or the Canada Border Services Agency (CBSA) will accept that the “before” requirement was met regardless of whether it was submitted days or minutes in advance of the work permit application.
Step 2: Once the receipt number is confirmed for meeting the requirement of “before”, processing officers should review the IMM 5802 form as they previously did with the job offer letter.
Concern regarding genuineness of the job offer [R200(5)] If the officer has concerns regarding the employer or the genuineness of the offer, the officer may request further information directly from the employer as per the contact information on the IMM 5802 form. Subparagraph R200(1)(c)(ii.1) provides officers the authority to request information from employers without having to use the foreign national applicant as a conduit for that request.
Concerns regarding the validity of the IMM 5802 form If the receipt number is not valid for use in GCMS, there are two possible reasons: 1. the employer typed the number incorrectly; 2. the IMM 5802 form is not genuine. Officers should attempt to contact the employer to determine the correct receipt number or request further information such as the following: proof of registration or licensing; copy of online receipt; documents supporting financial ability. The Regulations make it a condition that employers provide accurate information, so it is a best practise to contact the employer directly for any further information. The employer’s contact information will be in the IMM 5802 form. The method of contact should be determined by individual offices according to their internal procedures. http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/specific.asp
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International Mobility Program: Employerspecific work permits with Labour Market Impact Assessment exemptions
No IMM 5802 form and employer compliance fee paid Under the new Regulations, the offer of employment and the employer compliance fee must be met before the foreign national can submit their employerspecific, LMIAexempt work permit application. If this requirement is not met, the application may be refused under the new regulation paragraph 200(3)(f.1). The requirement for the employer to submit their documents and pay the fee in advance is not one of the R10 requirements and therefore if these two requirements are missing, the application is refused and not returned.
Refunds Should the employerspecific, LMIAexempt work permit application be refused, a refund (/english/resources/tools/fees/refunds/index.asp) of the employer compliance fee will be required to be initiated by CIC or the CBSA following the standard guidelines. If the employer withdraws their offer of employment in writing prior to the issuance of the work permit, the work permit will be refused for not meeting requirements and a refund of the employer compliance fee will be initiated. Employers may withdraw their offer by contacting the OfferofEmployment
[email protected] (mailto:OfferofEmployment
[email protected]) mailbox. They must forward their original offer of employment and add “WITHDRAWAL” in the subject line. This will allow the CMB to link the withdrawal to the original offer and enter the information in GCMS.
Date Modified: 20150218
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International Mobility Program: Employerspecific work permits with Labour Market Impact Assessment exemptions
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