In an
alert published in February 2015, we advised readers of the new
obligations Citizenship and Immigration Canada (CIC) imposed on
employers hiring foreign nationals who are exempt from the Labour
Market Impact Assessment (LMIA) process. Beginning February 21,
2015, as part of a foreign worker's application to obtain an
LMIA exempt work permit, employers were required to provide CIC
with: (1) payment of a $230 employer compliance fee (in addition to
the $155 application fee), and (2) an Offer of Employment form (IMM
5802).
On October 26, 2015, CIC announced the replacement of IMM 5802 with
an Employer Portal. Instead of completing a form, the employer will
log on to the Employer Portal and complete a series of questions
about the employer's business, the foreign worker, the job
details, etc. (information similar to that presently included in
IMM 5802).
In order to access the Employer Portal, an employer must register
with the Government of Canada to obtain log-in credentials. Once
the employer compliance fee and offer of employment are submitted
to CIC via the Employer Portal, the system will generate an
"offer of employment ID number". This ID number must be
included in the foreign worker's work permit application.
CIC will also be introducing new work permit (IMM 1295) and work
permit extension (IMM 5710) forms in November 2015 that will
include a field to enter the offer of employment ID number.
If an employer filed a completed IMM 5802 before October 26, 2015,
the worker must submit his or her work permit application prior to
November 21, 2015. If the foreign worker does not submit the
application before this date, the employer must resubmit the Offer
of Employment using the Employer Portal.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2015
