Mandatory Electronic System for Labour Market Impact Assessment-Exempt Applications Forthcoming

Canada

On October 26, 2015, Citizenship and Immigration Canada (CIC) will introduce a new electronic system for employers to submit Offers of Employment for LMIA-exempt foreign workers (including intracompany transferees, professionals under the North American Free Trade Agreement, and International Experience Canada participants), called the Employer Portal. CIC will accept the previous form (IMM 5802) until November 21, 2015.

The new rules will require employers to register with the Employer Portal in order to submit Offers of Employment.  Foreign nationals who do not have a complete Offer of Employment in the online system prior to CIC receiving their work permit application may have their application rejected.

The Employer Portal is part of recent CIC changes to strengthen employer accountability under the International Mobility Program. Instructions are expected to be available on the CIC website on October 26, 2015.

What This Means for Employers and Foreign Nationals

If employers have already provided a completed IMM 5802 form for a foreign worker, the worker should submit their work permit application prior to November 21, 2015. If foreign workers do not submit their applications for new work permits before this date, the employer must utilize the Employer Portal to submit it.

Employers who intend on sending LMIA-exempt workers to Canada should do so as soon as possible, as there could potentially be delays with the new online system, even after it becomes mandatory on November 21.

Affected employers who have questions should contact their immigration professional.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

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