Last month saw multiple changes to Canada’s International Mobility Program (IMP), which in turn affected work permit categories currently exempt from Labour Market Impact Assessments (LMIA).
The changes kicked in on February 21, 2015, and along with new compliance requirements, a new form, and new fees, mean a newly-introduced step in the process must now be taken before applications can be submitted for LMIA-exempt work permits.
How It Affects You
The latest rules were put in place to increase government scrutiny to equal that applied to LMIA-based work permits, with the added compliance burden now falling on employers.
However, both Temporary Foreign Worker Program (TFWP) applicants and participating companies must now comply with these new rules, or accept rejection when applying for new work permits.
So, let’s explore what this means for you. If you filed an application for an LMIA-exempt work permit before February 21, 2015, your application will not be affected. The changes will only apply to LMIA-exempt work permit applications filed after that date.
NOTE: If you’re a TFW applying for an LMIA-based work permit, you will not be affected by the changes mentioned above.
Now, let’s take a look at some of the changes in closer detail:
New Fees
First thing’s first; the current $155 work permit application fee still applies. However, two new fees have also been introduced; one for employer-specific work permits, and one for open work permits.
A new $230 employer compliance fee applies to any employer-specific LMIA-exempt work permit application, which can be paid online and must be paid BEFORE the work permit application is submitted.
This fee will apply for every new LMIA-exempt application, including renewal applications, but will be completely refunded if the application is denied, or if the employer withdraws their employment offer before the work permit is issued.
The $230 fee does not apply to open work permits, however, these will incur an additional privilege fee totaling $100 which must be paid when making your application. Again, this fee will be refunded if your work permit application is rejected, or if you (as the TFW) withdraw your work permit application.
New Employer-Specific Processing Requirements
A new front-end procedure must also be completed before LMIA-exempt employer-specific work permit applications can be submitted – along with the new $230 fee.
New IRPA Regulations mean that employers are now required to provide details about the job offer – along with any other relevant employer information and job description – electronically to Citizenship and Immigration Canada (CIC) before any LMIA-exempt work permit applications are made.
This allows CIC to possess information directly from the employer about that particular position, which can then be used for future compliance inspections. The information employers submit must be 100% accurate when submitted.
If any of this information (and new $230 fee) are not submitted to CIC in advance, the work permit application will be refused.
Why You Should Seek Professional Help for Work Permits in Canada
Often, employment and business opportunities are time sensitive and for that reason having a legal representative in Canada with expertise in the area of work permits is the most efficient way to proceed. At Visaplace, We have helped thousands and thousands of people worldwide successfully enter Canada on a work permit and we are very certain we can help you too. No one can guarantee an approval (not even us), but we are certain with our years of experience and current success rate that we can greatly increase your chances at a positive outcome for your case.
Fill out our FREE immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and visa options.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
