Submitting employment offers in LMIA-exempt situations

As part of the changes announced earlier this year to Citizenship and Immigration Canada’s International Mobility Program aimed at strengthening employer accountability, starting on October 26, 2015, Citizenship and Immigration Canada (CIC) is introducing a new electronic system, the Employer Portal, to collect information about employers and temporary foreign workers exempt from the Labour Market Impact Assessment (LMIA) process.

Earlier this year, the Government of Canada introduced new regulations aimed at ensuring employers hiring temporary foreign workers exempt from the LMIA process through CIC’s International Mobility Program are subject to a similar level of scrutiny and accountability as employers hiring temporary foreign workers requiring LMIAs through Employment and Social Development Canada’s Temporary Foreign Worker Program.

Previously, employers hiring temporary foreign workers exempt from the LMIA process were required to provide comparatively little information to CIC regarding their employment of temporary foreign workers, making it difficult for CIC to ensure those employers were complying with their obligations to temporary foreign workers.

Since February 21, 2015, employers wishing to hire temporary foreign workers exempt from the LMIA process have been required to both pay a $230 employer compliance fee and provide CIC with information regarding their business and details of the employment offer being made to the foreign national in the form IMM 5802 Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment. CIC uses the information employers provide to it through this form to ensure the conditions of the International Mobility Program are being met.

Penalties for employer non-compliance with the program following an inspection may include bans from using the program and administrative monetary penalties.

To date, employers have been required to submit the form IMM 5802 Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment to a designated CIC email address. As of October 26, 2015, this form will no longer be accepted and employers hiring foreign nationals exempt from the LMIA process will have to submit the required information directly to CIC through a new electronic system called the Employer Portal. The Employer Portal will be available on CIC’s website beginning on October 26, 2015.

If an employer has already provided a completed form IMM 5802 Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment to a temporary foreign worker, it is critical that the foreign national submit his or her Canadian temporary work permit application prior to November 21, 2015. If the temporary foreign worker does not submit his or her application before this date, the employer must resubmit the information using the Employer Portal.