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Monday June 15, 2015

Changes to the Temporary Foreign Worker Program

Authored by: Jacqueline R. Ruck Posted in: Employment Law

The Government of Canada has made changes to the Temporary Foreign Worker Program (TFWP) with the stated purpose of ensuring that Canadians are given the first chance at available jobs.

On June 20, 2014, the Government created two separate programs:

  1. TFWP which requires a Labour Market Impact Assessment (LMIA); and
  2. International Mobility Program (IMP) which, for certain occupations, does not require a LMIA.

On February 21, 2015, new regulations came into effect introducing reforms to the IMP.

These changes can be broken down into 4 steps:

1. Employer must pay a compliance fee.

​Employers are now obligated to pay a compliance fee of $230. This fee must be submitted electronically to Citizenship and Immigration Canada (CIC) and must be paid by employers for each LMIA-exempt work permit application, including renewals.

The compliance fee will be refunded if the work permit application is refused or if the employer withdraws the offer of employment before a work permit is issued.

Once the compliance fee is paid, the employer will receive a receipt number.

2. Employer must complete form IMM5802 Offer of Employment to a Labour Market Impact Assessment Exempt Foreign National (Offer of Employment).

This form must be completed and submitted electronically to CIC. The following information must be provided:

Employer’s name, address, and contact information;

3. Offer of Employment Verification

Once step 2 is completed the employer must click on the “submit” button. CIC will send an e-mail to the employer attaching the Offer of Employment. The employer should review the form carefully and submit the form to CIC.  The employer must provide a copy of the completed Offer of Employment, along with the receipt number, to the employee.

4. Work Permit Application

The employee must include the Offer of Employment form and the receipt number when making the work permit application. 

The employee must pay a processing fee of $155.

Employers should pay close attention to the CIC website for any further changes made to Canada’s IMP or contact a lawyer to ensure all forms are submitted correctly. Connect with a member of our team today. To contact a member of our Employment & Labour Law team call us at 902-469-9500 or 1-866-339-3400.

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