Canada – Compliance Filings Prior to Work Permit Application

Citizenship and Immigration Canada published a new employer compliance form under the International Mobility Program.
Based on the new provisions, employers are now required to file employment confirmation information beforehand to filing a foreign worker work permit application. This requirement went into force on February, 2015.
This new process relates to Labour Market Impact Assessment Exempt work permits. These include among others intra-company transfers. The information provided by employers will form the basis of future compliance assessments when employers are looked over.
Employers will be required to provide the following information:
–    Name, address, contact information
–    Business number (if applicable)
–    Relevant employment information
–    Information supporting use of the LMIA-exemption
–    Offer of employment
–    $230 fee payable by employers
The fee as well as employment information must be submitted by the employer before a national makes an application for a work permit. If the above requirements are not met the work permit application will be refused.
The new regulation is conceived to ensure that the government receives information directly from the employer regarding the employment position. This will empower the government to review compliance with the International Mobility Program regulatory requirements. Thereby the government seeks to enlarge their enforcement authority in employer compliance inspections. These will be conducted without a warrant in future.
At employer inspections, CIC will require employers to provide documents that prove compliance with the job offer (including payroll and taxation documentation, time sheets, foreign worker activities and responsibilities, location of employment and other types of government and non-government documentation). Furthermore CIC is allowed to interview foreign workers or Canadian employees to determine employer compliance.
Even if immigration rules are becoming more complex and complicated, the ICUnet.AG will accompany you by every step of your international processes.
Please feel free to contact our expert Gesa Lipke, if you have any questions:
E-mail:gesa.lipke(at)icunet.agPhone: +49 (0) 221 97661-0