A job offer can significantly booster a Canadian immigration application.
Employment offers and Canadian work experience are often essential for eligibility in many economic immigration pathways. Moreover, having a Canadian job offer can facilitate securing a work permit, enabling individuals to live and work in Canada before obtaining permanent residence (PR) status.
However, job offers can also be susceptible to fraud and scams, with newcomers particularly at risk.
To help verify the authenticity of employment offers, Immigration, Refugees and Citizenship Canada (IRCC) has established a framework for assessing document validity. When evaluating a job offer supporting a work permit application, IRCC considers whether:
- The employer offering the job is “actively engaged” in their business;
- The job offer aligns with the employer's reasonable needs;
- The terms of the job offer are feasible for the employer to meet; and
- The job offer comes from an employer or authorized recruiter with a history of compliance with federal and provincial employment regulations in the province or territory where the applicant will work.
IRCC also requires that the employer’s contact details be included in the employment offer.
Is the employer actively engaged in the business?
IRCC has announced its plan to extend invitations to candidates from the 2020 cohort of the PGP. This implies that recipients of invitations in the forthcoming round submitted their applications in 2020. This marks the fourth consecutive year where the PGP exclusively assesses applications submitted in 2020.
In the PGP framework, applicants will be selected randomly via a lottery system. Invitations will be sent to sponsors via the email addresses provided on their interest to sponsor form. Sponsors are encouraged to monitor their emails beginning May 21st, with all invitations expected to be dispatched within approximately two weeks of this date.
What is the process to receive permanent residence through the PGP?
Under this condition, IRCC examines whether the organization offering employment legally exists and can provide stable employment to the applicant. To determine this, IRCC assesses whether the organization:
- Operates a business,
- Provides a good or service, and
- Has a physical work location in Canada where the applicant will be employed.
Next, IRCC officers evaluate the employer's “engagement” in the business by reviewing the employer’s:
- Business start date,
- Type of business,
- Number of employees,
- Gross income, and
- Principal activity.
Officers will conduct a more detailed review if:
- The business information raises concerns about active engagement, such as the business being only a year old, and/or
- There is little to no publicly available information about the organization, such as through an internet search.
Is the employment offer consistent with the employer’s needs?
IRCC officers must be convinced that the employment offer is reasonable within the employer's business context. The job offered to the applicant should align with the organization's sector or industry.
Additionally, if contacted by IRCC, employers must be able to explain the job they are hiring for, demonstrating how it addresses a legitimate employment need. This includes justifying why a professional of this kind is needed at their business and detailing what the job entails to meet the employer's operational requirements.
Can the employer reasonably fulfill the terms of the employment offer?
Employers must demonstrate that they can reasonably fulfill the terms outlined in their employment offer letter, including hours of work, wages, and any benefits. They must also ensure that the working conditions specified in the offer meet provincial and territorial standards.
If the reviewing officer needs further information, they may request access to various legal and tax documents from the employer. This can include T4 slips, a worker’s compensation clearance letter, business contracts, and other relevant documentation.
Does the employer comply with laws around employment and recruitment?
IRCC must also evaluate whether the employer complies with federal and provincial employment and recruitment regulations.
Any past or current violations of Canadian federal and provincial laws will be taken into account during this assessment.
Additionally, if a recruiter was involved in hiring a foreign national, IRCC will check whether the recruitment professionals were properly licensed when the employment offer was made.
Employers who fail to comply with IRCC's requests for information may cause the application to be refused.
If you have further questions, please contact our team and schedule a consultation with our specialists! e-Visa Immigration is ready to assist you at any stage of your process.
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