Under the new Regulations that came into force in February of 2015, the offer of employment and the employer compliance fee must be met before the foreign national can submit their employer-specific, LMIA-exempt work permit application. If this requirement is not met, the application are refused under the new regulation paragraph 200(3)(f.1).
On February 21, 2015, new regulations came into effect requiring employers who provide offers of employment to foreign nationals in the International Mobility Program (i.e. NAFTA) to provide their offer of employment directly to Citizenship and Immigration Canada (CIC) using the form and electronic system provided and electronically pay the new employer compliance fee. In addition, the employer must provide a copy of this offer of employment form to the foreign national for inclusion in their work permit application.
Section R209.11 stipulates that an employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes their application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose:
1) their name, address and telephone number, and fax number and electronic mail address, if any;
2) the business number assigned to the employer by the Minister of National Revenue, if applicable;
3) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national referred to in section 207; and
4) the offer of employment made in the form provided by the Department.
Employers must submit their offer of employment using the electronic system that CIC provides for submission and pay the fee electronically prior to the submission of a work permit application based on the offer. There will be three parts to this process for the employer.
1) Pay the employer compliance fee using the Pay Your Fees page.
2) Once they have received a receipt number, they must complete the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802];
This form replaces the job offer letter previously required to support LMIA-exempt work permit applications from foreign nationals. The employer must then provide a copy of the completed IMM 5802 form to their foreign worker for inclusion with the work permit application.