February 24, 2015:
On February 16, Citizenship and Immigration Canada (CIC) confirmed the process for employers hiring foreign nationals who are exempt from a Labour Market Impact Assessment, which went into effect on February 21, 2015. All Points highlights the changes below:
Employers’ Submission Process
- Pay the new initial application fee of CAD$230 (or CAD$100 for open work permits) electronically on the CIC website (you must retrieve and keep the electronic receipt upon payment).
- Include the required information in a new application form, IMM 5802, which is available on CIC’s website.
- Fill in the receipt number retrieved as noted above into Form IMM 5802. Clicking “Submit” will send the form to CIC.
- Provide the completed Form IMM 5802 to the employee. This is crucial: the employee must include this completed form in work permit applications filed at the Port of Entry or a consulate abroad.
No other aspects of the work permit application process have changed.
As a result of this change, there is also a new process for withdrawing LMIA Exempt Work Permit Applications. If 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 employer must explain in writing the reasons for the withdrawal in the body of the email and attach the original Offer of Employment.
All Points recommendations:
Human Resources responsible for international mobility programs and relocations of global assignees or transferees to Canada should:
- Plan on slightly longer preparation periods due to the new requirements.
- Centralize immigration processes: this is the type of step that will be missed in a decentralized process. If this process is not adhered to, employee work permits will not be processed at port of entry or consulate.
- Amend budgets to include new application government filing fee.
All Points has exclusive third-party access to its own Immigration Counsel, which can complete Form IMM 5802 on behalf of employers, including payment submittal of the application fee. Please ask us about our services.
All Points does not represent itself as immigration counsel. We encourage all employers to review the changes thoroughly. This Relo-lert is not intended as an exhaustive consideration of the changes. It is provided for information purposes only and not for the purpose of providing legal advice or counsel. No one should act upon such information without appropriate professional advice after a thorough examination of their particular situation. All Points has exclusive third-party access to its own Immigration Counsel – Canadian Authorized Representative and can arrange consultation and/or conference calls with those that require more information.