US employers planning to send their employees north of the
border to Canada will have one extra hoop to jump through as of
this Saturday, February 21, 2015.
Citizenship and Immigration Canada published a notice on their
website on February 9, 2015 announcing changes to strengthen
employer accountability under the International Mobility Program.
The change is intended to equalize the hiring and treatment of
foreign workers by making all employers face the same level of
scrutiny, whether they are bringing workers in through the Labour
Market Impact Assessment (LMIA) process or through the designated
As of February 21, 2015, employers hiring foreign nationals who
are exempt from the LMIA process will have to first pay a $230
CAD employer compliance fee online to Citizenship and
Immigration Canada. The fee is meant to offset the cost of what
Citizenship and Immigration Canada is calling "robust employer
compliance activities", which will include inspections of
thousands of employers. Once the fee is paid, a receipt will be
The employer will then have to submit a new online form. The
form will require information about the business, including its
name, contact information and CRA business number, as
well as an electronic "offer of employment" and
information that demonstrates that the applicant qualifies under
the International Mobility Program.
So how does this new regulation affect international businesses
sending their employees to Canada through the employer-specific,
LMIA-exempt intra-company transfer category? If the permit is being
applied for upon arrival in Canada, the new online form will have
to be filled out and the fees will have to be paid before the
transferee arrives at the border. The employer will then give
a copy of both the receipt and the completed form to the transferee
so that they can be included in the application package
given to the Canadian Customs Officer upon arrival.
What if the employer does not comply with the new requirement?
The penalties listed are fairly severe and range from a monetary
penalty, a ban from hiring foreign workers, and in more serious
cases even a criminal investigation and prosecution.
As of the date of this blog posting, developments are still
underway - it has not yet been confirmed as to what exactly the
online form will look like or whether a designated representative
will be able to fill out the form on the employer's behalf.
Chiarotto Sultan LLP will be periodically updating this posting as
more information is made available.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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