Citizenship and Immigration Canada (CIC) announced a fundamental
process change to be implemented on October 26, 2015, which will
directly impact Labour Market Impact Assessment-Exempt work permit
applications, including NAFTA Professionals and Intracompany
Transfers submitted at the Port of Entry. Effective October 26,
employers must submit Pre-Clearance Compliance Filings through an
online Employer Portal.
The Current Process
In February 2015, Canada implemented a new Pre-Clearance
Compliance Filing process that required employers to pay a $230 CAD
Employer Compliance Fee and provide significant information via a
mandatory Offer of Employment Form (IMM 5802). Employers
must submit this Pre-Clearance Compliance Filing in advance of an
employee's travel to the Canadian border, where a Canadian
officer adjudicates the work permit application. Currently, the
employer must submit the application via email. The impetus for
collection of this information is to create a repository of
information to ensure that CIC can pursue employers who fail to
adhere to Canada's vigorous new compliance regime.
The New Employer Portal
As of October 26, 2015, the IMM 5802 Offer of Employment form
will no longer be available. Instead, employers will submit their
Pre-Clearance Compliance Filing applications directly through an
online Employer Portal, which will take the place of email
submission. At this time, CIC has not released any details about
the new system.
The Grace Period
As long as the employer has submitted a Pre-Clearance Compliance
Filing application in advance of October 26, 2015 under the current
system -- by submitting the IMM 5802 and the Employer Compliance
Fee via email -- the employee may travel to Canada to submit
the work permit application at the Port of Entry until November 20,
Therefore, we urge employers to consult their internal teams
to initiate new work permit cases as soon as possible so that
Seyfarth Shaw can prepare these cases by Friday, October 23, 2015
and submit them in advance of the October 26, 2015 deadline.
Although we anticipate that the Canadian government will release
details about the new Employer Portal this week, we anticipate
delays with any cases initiations under the new system. Seyfarth
Shaw will keep you apprised as details about the new system
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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