Canada Gives Workers Chance to Defend Job Offers

Canada has changed how immigration officers handle concerns about job offers used in employer-specific work permit applications.

Under updated instructions from Immigration, Refugees and Citizenship Canada, officers who question whether an offer is genuine should give the applicant and employer an opportunity to address those concerns before making a final decision.

Applicants Must Be Told What the Concern Is

An employer-specific work permit is tied to a particular employer and job. Applicants need a qualifying job offer and must meet Canada’s general work permit requirements. Canada

When an immigration officer has concerns about whether the supporting employment offer is genuine, IRCC’s updated guidance calls for the applicant to receive a procedural fairness letter before a final decision is made.

The letter should explain:

• what concerns the officer has about the job offer;
• which information needs clarification; and
• what supporting documents or evidence are required.

IRCC looks at factors such as whether the employer genuinely operates a business, whether the position makes sense for that business, and whether the employer appears capable of meeting the terms of employment.

Employer Gets Time to Provide Evidence

The employer is expected to submit supporting documents directly to IRCC, generally within 15 days or within the applicable processing office deadline.

Those documents may help demonstrate that the business is operating, can pay the proposed wages and genuinely requires the position.

For employers under the International Mobility Program, the Employer Portal is used to submit offers of employment for many workers who do not require a Labour Market Impact Assessment. 

Officers are also instructed to allow additional time after the employer’s response deadline so documents submitted through IRCC’s webform can be attached to the application.

If the employer does not respond, the officer may still decide the case using the information already available.

Home-Based Businesses Are Not Automatically a Problem

The revised guidance also gives officers more detail on how to assess whether an employer is genuinely operating.

A home-based business is not automatically considered questionable. Officers should look at the overall evidence showing whether the company actually provides goods or services and conducts real business activity.

However, a business that exists only to help foreign nationals enter Canada and does not operate as a genuine business would not meet the requirement.

An employment contract is also not always mandatory for an offer submitted through the Employer Portal. If one is provided, however, an officer may review it alongside other information.

Rules Cover Major Work Permit Programs

The updated instructions apply to employer-specific permits under both the International Mobility Program and the Temporary Foreign Worker Program.

Under the Temporary Foreign Worker Program, many employers must first obtain a Labour Market Impact Assessment. A positive LMIA generally confirms that there is a need for a foreign worker and that no Canadian citizen or permanent resident is available for the position. 

Employment and Social Development Canada also conducts a business legitimacy assessment as part of the LMIA process. It considers whether the employer provides goods or services, genuinely needs the worker, can meet the terms of the offer and complies with applicable laws. 

Even where an LMIA has already been approved, an IRCC officer must still be satisfied that the employment offer is genuine before issuing the work permit.

What the Change Means for Applicants

The updated process does not guarantee that an employer-specific work permit will be approved.

IRCC can still refuse an application if the officer remains unconvinced that the job offer is genuine after reviewing the additional evidence.

The main change is procedural. Instead of moving directly to refusal when concerns arise, the applicant and employer are given an opportunity to address those concerns.

For applicants, this makes consistency especially important. Job titles, wages, duties, employment locations and employer information should match across documents wherever applicable.

For employers, responding completely and within the requested deadline can be critical to the outcome.