International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the IRCC website as a courtesy to stakeholders.

On February 21, 2015, regulations pertaining to employers hiring foreign nationals under the International Mobility Program (IMP) came into effect:

  • section 209.11 of the Immigration and Refugee Protection Regulations (IRPR) stipulates that an employer who has made an offer of employment to a foreign national referred to in subparagraph R200(1)(c)(ii.1) must, before the foreign national makes their application for a work permit, provide the Offer of employment form to the Minister through the electronic system made available by the Department for that purpose;
  • section R303.1 requires employers to pay the employer compliance fee, unless they are exempt from the fee requirement under subsection R303.1(5).

As of November 21, 2015, all employers under the IMP must submit the offer of employment information and the employer compliance fee using the Employer Portal.

However, there may be emergency situations where the employer has been authorized to submit the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] using the email submission method.

Note: Where an employer is unable, because of a physical or mental disability, to provide the information using the electronic system, the employer may provide the information by another means provided by the Department, such as by paper format.

Submission of the offer of employment information by the employer to Immigration, Refugees and Citizenship Canada (IRCC)

Regardless of the method used (i.e., Employer Portal or email submission), IRCC must receive the offer of employment information and the employer compliance fee prior to the foreign national’s work permit application [as per paragraph R200(3)(f.1) and section R209.11].

On successful submission of the offer of employment using the Employer Portal, an offer of employment (Labour Market Impact Assessment [LMIA]-exempt) ID number is assigned to the information submitted. The employer should provide the offer of employment ID number to the foreign national for inclusion in their work permit application form, as this provides the necessary evidence to satisfy the requirement in paragraph R200(3)(f.1).

Note: New versions of the IMM 1295 (October 2015) and IMM 5710 (October 2015) forms include a field for the foreign national to indicate the offer of employment ID number. The previous versions of the forms (dated April 2015 and earlier) can no longer be uploaded into the Global Case Management System (GCMS). Where the employer has been authorized to use the IMM 5802 form and email submission method, the employer must provide a copy of the submitted IMM 5802 form and employer payment receipt to the foreign national for inclusion in their work permit application.

Employers will be considered authorized to submit their offer of employment by email where the Operational Management and Coordination Branch (OMC) or the Case Management Branch(CMB) have provided them with the IMM 5802 form for completion. This provision will be noted in Notes on the employer’s organization ID number.

The offer of employment information (submitted through the Employer Portal or by email) replaces the job offer letter previously required to support LMIA‑exempt work permit applications from foreign nationals.

Processing of work permit applications

Offer of employment information and employer compliance fees submitted through the Employer Portal

  1. When reviewing an application for an employer-specific, LMIA-exempt work permit, to ensure that the requirements of paragraph R200(3)(f.1) are met, officers should confirm that
    • the offer of employment ID number is included on the work permit application form (this is linked to the LMIA/LMIA Exempt # field in GCMS); and
    • the employer compliance fee activity has been automatically generated by GCMS under the Fees view tab or the employer has provided proof of fee exemption.

    Important: The Case Type field must be “52”. No other case type would allow the correct linkage in GCMS.

  2. If the offer of employment ID number has been entered into the LMIA/LMIA-Exempt # field, the offer details should appear under the Employment Details view tab, LMIA Exempt screen (as long as the Case Type field is set to “52”).

Officers should review this information and ensure that the foreign national meets the requirements listed in the Offer of employment form.

Note: The biographical information included in the offer of employment must exactly match the passport information provided by the work permit applicant in order for the linkage to be made in GCMS. If the information is not an exact match, officers can query for the applicant by name to confirm that there is a valid offer of employment ID number (LMIA/LMIA Exempt # in GCMS) for the applicant.

If the offer of employment information does not auto-populate

Where the Case Type field is set to “52” and no information populates the Employment Details view tab of the LMIA Exempt screen, officers should first check that the names and passport number match exactly what the employer has submitted in the portal. Any difference, such as a hyphen, or an incorrect letter or number, will stop the validation.

If the name and passport details are exactly the same, the officer has two options:

  1. Query for the foreign national using the LMIA-Exempt screen tab. This query requires the foreign national’s name and the employer’s name.
  2. Query for the employer in the Organizations and Entities screen tab.

In the Organizations and Entities screen tab, employers who have submitted their Offer of employment form through the Employer Portal are listed as follows:

  • type: Organization
  • sub-type: Regulatory Employer or Regulatory Employer — Branch

To determine whether an LMIA-exempt number exists, the officer should check the Offers of Employment view tab before refusing the application.

Offer of employment information submitted in the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] and employer compliance fee paid and submitted by email

  1. When authorized to do so due to an emergency situation, employers may continue to submit their offer of employment information using the IMM 5802 form and the email submission method. On review of an application for an LMIA-exempt and employer-specific work permit, and where there is no offer of employment (LMIA-exempt) number, officers should confirm that
    • a copy of the completed IMM 5802 form is included with the work permit application;
    • the receipt number for the employer compliance fee is valid or the employer has indicated a fee exemption. (this information is captured separately from the work permit processing fee information in the Fees view tab in GCMS); and
    • a copy of the IMM 5802 has been uploaded in the eDocs section of the Regulatory Employer organization ID or in a note referencing the offer.
  2. Once the receipt number or fee exemption and the existence of the document in the eDocs section or the note are confirmed, officers should review the details included in the IMM 5802 form to ensure that the foreign national meets the requirements listed.

Note: For applications where the foreign national is submitting the work permit application with the IMM 5802 form and employer payment receipt, the case type “20” should be used.

Note: The “before the foreign national submits their application” requirement has no specific time frame. As long as the foreign national includes a copy of the IMM 5802 form with a valid receipt number, IRCC or the Canada Border Services Agency (CBSA) should accept that the requirement is met, regardless of whether it was submitted days or minutes prior to the submission of a work permit application.

Concerns regarding the validity of the employer payment receipt number

If the receipt number is not valid for use in GCMS, there are three possible reasons:

  • the employer entered the number incorrectly;
  • the receipt has been allocated to another work permit application; or
  • the receipt number and/or the IMM 5802 form are not genuine.

Prior to November 2015, employers may have paid multiple employer compliance fees as a batch on one receipt. To find the payment number for association in the work permit application, the Integrated Payment Revenue Management System (IPRMS) receipt number should be queried in the Payments screen tab.

No offer of employment information or employer compliance fee submitted

The IRPR state that when hiring LMIA-exempt foreign workers, employers must pay the employer compliance fee and submit an offer of employment to IRCC.

Some employers may be exempt from paying the employer compliance fee under subsection R303.1(5) and subsection R303.2(2). Despite the fee exemption, these employers must submit the offer of employment to IRCC, as per section R209.11.

A work permit application shall be refused under paragraph R200(3)(f.1) if the employer has not

  • paid the employer compliance fee, as per section R303.1 [unless the employer has been exempted from paying the fee under subsection R303.1(5) or R303.2(2)]; or
  • submitted an Offer of employment form, as per section R209.11.

When reviewing the offer of employment information, officers should review the work permit application against the information provided by the employer through the Employer Portal or in the IMM 5802 form.

Note: Officers should not change any information provided by the employer, as the employer is expected to ensure that the information included in the offer of employment is accurate. Any change by IRCC or the CBSA to the information provided by the employer, without the employer’s knowledge and consent, renders subparagraph R209.2(1)(b)(i) unenforceable, as the information is no longer provided by the employer and cannot be verified as accurate.

Officers must contact the employer directly using the contact information provided in the offer of employment to correct any error or change any information provided by the employer in the offer of employment.

Following the issuance of a work permit under subparagraph R200(1)(c)(ii.1), information may be verified for accuracy if an inspection is triggered.

Concerns regarding genuineness of the offer of employment [R200(5)]

If the officer has concerns regarding the employer or the genuineness of the offer of employment, the officer may request further information directly from the employer as per the contact information supplied in the offer of employment. 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. Officers should always contact the employer directly to request further information, such as the following:

  • proof of registration or licensing to determine if the employer is active in business;
  • proof of compliance with federal, provincial, or territorial employment legislation;
  • a copy of an online receipt; or
  • documents supporting the financial ability to pay the wages offered.

Subparagraph R209.2(1)(b)(i) makes it a condition that employers demonstrate that any information they provided under subparagraph R200(1)(c)(ii.1) or section R209.11 is accurate. Information provided by or requested from the foreign national is not “provided by the employer” and is therefore not included in the information that can be inspected for accuracy. The employer’s contact information should be included in the Offer of employment form provided by the employer, as per section R209.11. The method of contact (e.g., email, regular mail, or fax) should be determined by individual offices according to their internal procedures.

Refunds

A refund of the employer compliance fee must be initiated if

  • the work permit application is refused; or
  • the employer withdraws their offer of employment in writing prior to the issuance of the work permit and the work permit application is therefore refused.

Refusal of the work permit application

If a work permit application is refused, a refund of the employer compliance fee should be initiated by IRCC or the CBSA in accordance with the standard guidelines.

Withdrawal of the offer of employment prior to work permit issuance

If an employer sends an email to Offerofemployment-offredemploi@cic.gc.ca, prior to the submission of a work permit application, to indicate that they are withdrawing the offer of employment, the CMB should confirm that no associated work permit application has been received and follow the instructions below:

A) If no work permit application has been received,

  • add an Info Alert to the foreign national’s Client screen stating that the offer of employment has been withdrawn;
  • change the status of the offer of employment to “withdrawn” in GCMS; and
  • initiate the refund of the employer compliance fee as per the standard guidelines for IPRMS receipts.

B) If a work permit application is received,

  • confirm that the employer has truly withdrawn the offer of employment (e.g., ensure that the employer is not simply withdrawing the initial offer to resubmit a “corrected” offer of employment by checking that no “corrected” Offer of employment form has been received in the mailbox);
  • change the status of the offer of employment to “withdrawn” in GCMS; and
  • advise the primary processing office that the employer has withdrawn the offer of employment. The processing office should then finalize the work permit application and initiate a refund, if necessary.

C) If the offer of employment is withdrawn after a work permit application is received, the processing office should

  • refuse the work permit application if the employer withdraws the offer of employment in writing prior to the issuance of the work permit; and
  • refund the employer compliance fee as per the standard guidelines for IPRMS receipts.

A template letter titled Employer Compliance refund to employer is provided in the GCMS templates folder Temporary Residents for use by processing offices.

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