The process for employers hiring foreign nationals who are exempt from a Labour Market Impact Assessment was announced at recent briefings held by Citizenship and Immigration Canada (CIC), which Fragomen attended. The new requirements, which include a new form and an additional fee, are effective February 21, 2015.
Submission Process for Employers
Employers applying for LMIA-Exempt Work Permits must follow the below steps:
- Pay the additional application fee of CAD$230 (or CAD$100 for open work permits) electronically on the CIC website;
- Receive an electronic receipt upon payment of the fee;
- Include the required information in a new application form, IMM 5802, which is expected to be available on CIC's website tomorrow;
- Fill in the receipt number issued upon payment of the fee in Form IMM 5802. Clicking “Submit” will send the form to CIC; and
- Provide the completed Form IMM 5802 to the employee, as it must be included in work permit applications filed at the Port of Entry or a consulate abroad.
All other elements of the work permit application process remain the same.
Withdrawing LMIA Exempt Work Permit Applications
If, prior to the foreign employee’s entry, the employer wishes to withdraw a work permit application, or if the employee does not come to Canada, the employer must send an email to CIC at [email protected] with the word “WITHDRAWAL” in the subject line. The email must include the original Offer of Employment as an attachment and a written explanation of the circumstances of withdrawal in the body of the email.
What This Means for Employers
LMIA exempt work permit applications may take longer to prepare as a result of the new requirements. Employers should contact their immigration professional and plan in advance of filing work permit applications to ensure that the new procedures are followed.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2015 Fragomen
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