On this page you will find
- What has changed in IRCC’s assessment of job offers
- Which Canadian work permit applications are affected
- What happens when IRCC questions a job offer
- How long employers have to respond
- The four factors IRCC uses to determine whether a job offer is genuine
- What happens if an employer fails to provide additional evidence
Canada has changed its instructions for officers assessing job offers linked to employer-specific work permit applications, giving applicants and employers a clearer opportunity to respond when IRCC questions whether an offer is genuine.
Immigration, Refugees and Citizenship Canada has introduced a formal process for cases in which an officer has concerns about the job offer supporting a work permit application.
Under the updated instructions, an officer should send the applicant a procedural fairness letter explaining the concern and requesting further evidence from the employer. The employer will normally have 15 days to respond.
The change applies to employer-specific work permits under both the Temporary Foreign Worker Program and the International Mobility Program.
It does not prevent IRCC from refusing an application if an officer ultimately decides that the job offer is not genuine. However, it creates a clearer process for applicants and employers to address concerns before IRCC reaches that decision.
What Has Changed For Canadian Work Permit Applications?
IRCC updated its instructions on how immigration officers assess the genuineness of an offer of employment supporting an employer-specific work permit.
The department’s guidance now contains a dedicated section dealing with “concerns with the genuineness of the offer.”
If an officer has concerns, the instructions say the officer should send a procedural fairness letter to the work permit applicant. The letter must explain which aspect of the job offer is causing concern and why.
It must also tell the applicant that the employer should send supporting documents or information directly to IRCC.
The process gives the employer an opportunity to provide evidence that could resolve the officer’s concerns before IRCC makes a final decision on the work permit application.
Which Work Permit Applications Are Affected?
The instructions apply to employer-specific work permits.
This includes work permits issued through the Temporary Foreign Worker Program, where an employer normally needs a positive Labour Market Impact Assessment, or LMIA.
They also apply to employer-specific permits issued through the International Mobility Program, which covers jobs that qualify for an LMIA exemption.
Open work permits are not affected by these job offer genuineness rules because they are not tied to a specific employer or employment offer.
What Happens If IRCC Questions A Job Offer?
IRCC officers must assess whether a job offer connected to an employer-specific work permit is genuine.
Under the updated process, an officer with concerns should send the applicant a procedural fairness letter.
The letter must identify which of IRCC’s four job offer genuineness factors is in doubt and explain the reason for the concern.
It must also explain what information or documents are required and instruct the employer on how to submit the evidence directly to IRCC.
This could become particularly important where an officer has obtained information that the applicant could not reasonably have known about.
IRCC calls this “extrinsic information.” Its instructions state that a procedural fairness letter must be sent when an officer plans to rely on such information to make a decision about whether a job offer is genuine. The applicant or employer must have an opportunity to respond before IRCC makes a finding that the offer is not genuine.
Employers Normally Get 15 Days To Respond
IRCC says the employer should normally provide the requested evidence within 15 days, although a different office standard can apply.
Where no regular submission procedure exists, IRCC instructs employers to use its webform and provide the documents directly to the department.
Officers should then set a follow-up date 30 days after the deadline given to the employer. IRCC says this additional period allows enough time for a response submitted through the webform to be attached to the work permit application.
This does not mean employers receive an additional 30 days to prepare their response. The normal deadline to provide the requested evidence remains 15 days unless IRCC specifies another deadline.
What Makes A Job Offer Genuine?
IRCC considers four factors when deciding whether a job offer is genuine.
The department assesses whether:
- The employer is actively engaged in the business connected to the job offer.
- The job offer is consistent with the reasonable employment needs of the employer.
- The employer can reasonably fulfil the terms of the job offer.
- The employer or authorized recruiter has complied with federal and provincial or territorial employment and recruitment laws.
Failure to satisfy any one of these factors can lead IRCC to find that the job offer is not genuine and refuse the work permit application.
IRCC Can Look Beyond The Documents Submitted
Immigration officers do not have to rely solely on documents included in the original work permit application.
IRCC’s instructions allow officers to conduct further checks if information about an employer raises concerns.
For example, officers can review publicly available information, information held by other government departments and previous records involving the employer.
Factors that can trigger closer scrutiny include negative publicly available information about a business, previous adverse findings or concerns arising from the information contained in the employment offer.
However, where an officer relies on outside information that the applicant would not reasonably know about, procedural fairness requirements mean the applicant must have an opportunity to address it before a negative genuineness finding is made.
Positive LMIA Does Not Guarantee Work Permit Approval
The new instructions are particularly relevant to applications under the Temporary Foreign Worker Program.
Employment and Social Development Canada assesses the employer and employment offer when deciding whether to issue an LMIA.
IRCC says that when ESDC issues a positive LMIA, immigration officers can assume ESDC found the employment offer genuine.
However, the immigration officer still has responsibility for determining whether all work permit requirements are met, including whether the job offer is genuine.
If the IRCC officer reaches a different conclusion from ESDC, the department says the applicant and prospective employer should be informed of the concerns and given an opportunity to respond.
IRCC specifically recommends using a procedural fairness letter where a TFWP application has a positive LMIA but the immigration officer still has concerns about the job offer.
What If The Employer Does Not Respond?
The new procedure does not prevent IRCC from refusing work permits where employers fail to address concerns.
If the employer does not provide the requested information, the immigration officer should continue assessing the application using the evidence available.
If the officer is still not satisfied that the offer is genuine, IRCC says the application should be refused.
Applicants therefore remain dependent on their prospective employer responding promptly to requests from IRCC.
Employers should also ensure that the information supplied to IRCC is accurate and consistent with the original employment offer, LMIA where applicable, employment contract and other supporting documentation.
What The Change Means For Work Permit Applicants
The updated instructions provide a more clearly defined procedure when IRCC has doubts about the job offer behind an employer-specific work permit.
They do not lower the standard an employment offer must meet or guarantee applicants a work permit.
IRCC can still refuse applications where an employer cannot show that its business is operating, that the position represents a reasonable employment need, that it can meet the promised employment conditions or that it complies with relevant employment laws.
The important change is procedural.
When doubts arise, applicants and their employers now have clearer instructions on how those concerns should be raised and how they can provide additional evidence before IRCC makes its decision.
Frequently Asked Questions
What has Canada changed about job offers for work permits?
IRCC has introduced clearer procedures for cases where an officer questions whether a job offer supporting an employer-specific work permit is genuine. The officer should send a procedural fairness letter explaining the concerns and allow the employer to provide additional evidence before IRCC decides the application.
How long does an employer have to respond to IRCC?
IRCC’s instructions normally give an employer 15 days to provide the requested evidence, although individual offices can apply a different standard. Officers are then told to set a follow-up date an additional 30 days later so there is enough time for documents submitted through the webform to reach the application.
Can IRCC refuse a work permit even with a positive LMIA?
Yes. A positive LMIA means ESDC assessed the employment offer during the LMIA process, but IRCC officers must independently ensure the work permit requirements are met. If an officer still believes the offer may not be genuine, IRCC recommends giving the applicant and employer an opportunity to address those concerns.
What does IRCC consider when deciding whether a job offer is genuine?
IRCC looks at four main factors. It considers whether the employer actively operates the business, whether the position meets a reasonable business need, whether the employer can meet the terms of the offer and whether the employer or recruiter has complied with applicable employment and recruitment laws.
Can a work permit still be refused if the employer does not respond?
Yes. If the employer does not provide the information requested by IRCC, the officer can decide the application using the evidence already available. If the officer remains unsatisfied that the employment offer is genuine, IRCC’s instructions say the employer-specific work permit application should be refused.