New Employer Portal For LMIA Exempt Canada Work Permit Applications

07 Nov 2015


Immigration News

On February 21st, 2015, the Citizenship and Immigration Canada has introduced several significant changes to Canada’s international mobility program. It includes new rules surrounding LMIA, which is exempt from work permit applications. The most common LMIA exempt work permit does include intra-company transferees in executive, senior managerial or specialized knowledge roles as well as professionals under the international agreements such as NAFTA(Northern American Free Trade Agreement).

The regulatory amendments to Immigration and Refugee Protection Regulations (IPRR) were geared towards improving the data collection, employer enforcement, and compliance and it required employers making an offer of employment on LMIA exempt basis to submit a completed IMM 5802(offer of employment to foreign National Exempt from the Labour market impact Assessment (IMM5802).

Starting from 26th October, CIC has introduced a new electronic system that is termed as employer portal through which this process would be now completed. The previous IMM5802 form would no longer be accepted.

The Employer Portal is for participating employers in the IMP, and it replaces the IMM5802 form first introduced by CIC on February 21st, 2015 for employers who support LMIA exempt work permit applications. As of 26th October 2015, all employers under the IMP, other than which are exempt from employer compliance fee should submit their offers of employment for LMIA –exempt work permit applications electronically visa Employer Portal.

Employers must be aware that going forward they should use the employer portal to file offers of employment for LMIA exempt work permit applications. If an IMM5802 form has submitted to CIC before October 26th, 2015, the employer must instruct the foreign national to apply for his or her work permit before November 21, 2015.

Access to Employer portal is only available by way of an electronic credential through either a GOKEY or through a particular designated sign in Partner(s). The application through the employer should before submitting the work permit application.

After an employer successfully submits an offer of employment through employer portal, employment ID number gets generated to the information submitted. The employer should provide Employment ID number for foreign national for inclusion in his or her work permit application. Later, the foreign nation can complete the work permit application.

The introduction of Employer Portal forms part of the larger movement to shift many of the Canada’s immigration application process to the online system. While it would allow the CIC to improve data collection that is to be used for audit purpose to verify the employer compliance with the IMP.

The employer portal was introduced with minimal guidance for employers and their advisors and with immediate effect.

Until procedural as well technical issues are ironed out, temporary foreign nationals, their employers, and their immigration counsel should carefully plan for entry of temporary foreign nationals under the IMP and the least should be prepared to expect delays while those tasked with administering the system do become familiar with the process.

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