New Program Delivery Instructions – Assessing Work Permit Applications
On February 23, 2018, Immigration, Refugees and Citizenship Canada (Immigration Canada) published new program delivery instructions with respect to the assessment of employer-specific work permit applications under the International Mobility Program.
These program delivery instructions clearly state that Case Processing Officers and Border Services Officers must examine the genuineness of an offer of employment and an employers’ eligibility to employ foreign nationals when assessing these types of work permit applications.
Before a foreign national can apply for an employer-specific work permit under the International Mobility Program (e.g. as an intra-company transferee), their employer must submit an offer of employment to Immigration Canada.
Since the introduction of this requirement a few years ago, Case Processing Officers and Border Services Officers have not routinely been reviewing the information provided in offers of employment prior to the issuance of work permits. Generally, their assessments have been limited to confirming that an offer of employment has been filed and the employer compliance fee has been paid.
The new program delivery instructions direct Case Processing Officers and Border Services Officers to conduct at least a “cursory review” of an offer of employment and an employer before issuing the corresponding work permit. Officers must be satisfied that an employer:
- Is actively engaged in business;
- Has a reasonable employment need for the foreign national;
- Is reasonably able to fulfil the terms of the offer of employment; and
- Has shown past compliance with all relevant federal and provincial employment laws.
Officers are encouraged to conduct internet searches on companies and some suggested sites include Google, the Better Business Bureau, Industry Canada, and Canada 411. If such searches reveal adverse information about a company, Officers are encouraged to conduct a more extensive assessment which may include contacting the employer directly.
Officers are permitted to rely upon information that was not provided by the employer but is publicly available. If so, the Officer must provide a procedural fairness letter to the applicant and the employer must have an opportunity to respond to this information.
Going forward, if the offer of employment is considered incomplete, the Officer may contact the employer to give them an opportunity to resubmit the offer of employment or simply refuse the work permit application. Please note that if an offer of employment contains any statements, such as “please see attached”, it will be considered incomplete.
In our opinion, these program delivery instructions suggest that Case Processing Officers and Border Services Officers will now be taking a closer look at offers of employment before issuing work permits. Therefore, employers should ensure that any offers of employment are accurately and fully completed and that the contact person listed on their Employer Portal is authorized to speak on behalf of the company in the event that they are contacted by an Officer about the offer of employment or the business generally.