Navigating immigration procedures can be difficult, especially when trying to confirm a job offer in Canada. Immigration, Refugees, and Citizenship Canada (IRCC) takes strict precautions to ensure job offers made to foreign workers are legitimate.
Both companies and potential immigrants must understand how the IRCC carries out these checks to handle the immigration process smoothly and successfully.
Offer of Employment
A job offer can be a strong basis for a Canadian immigration application. Receiving job offers and gaining work experience in Canada are often required for many economic immigration pathways.
A work visa with a Canadian job offer can allow people to live and work in Canada before getting permanent residence status.
However, job offers can also be used for fraud, with newcomers being especially vulnerable to these tricks. The IRCC has established a framework to better understand document validity to help determine the authenticity of job offers.
Key Checks by IRCC
The IRCC checks the following when reviewing a job offer supporting a work permit application:
- Employer’s Engagement: Is the employer actively engaged in the business?
- Employer’s Needs: Does the job offer match the employer’s reasonable needs?
- Fulfillment of Offer Terms: Can the employer reasonably fulfill the terms of the employment offer?
- Compliance with Laws: Does the employer comply with local, provincial, and federal laws around employment and recruitment?
Employer’s Engagement
The IRCC considers the applicant’s ability to get stable employment and the legitimacy of the company offering employment.
The IRCC evaluates if the company is in operation, offers goods or services, and has a physical workplace in Canada. They examine the employer’s established business start date, business type, employee count, gross income, and primary activity.
If there are concerns about the company, such as being new or lacking public information, the IRCC conducts a more thorough investigation.
Employer’s Needs
IRCC officers must be convinced that the job offer is reasonable for the employer’s business. The job should be one that the organization, sector, or industry would fairly expect.
Employers contacted by the IRCC must explain the position they are hiring for, how it meets a reasonable need, why this professional is needed, and what the job entails to meet the employer’s needs.
Fulfillment of Offer Terms
Employers need to show they can fulfill the terms stated in the employment offer, such as work hours, pay, and benefits.
They must also provide the working conditions specified, which must meet provincial and territorial requirements.
If needed, the reviewing officer may ask the employer for legal and tax records, such as business contracts, worker’s compensation clearance letters, and employer D4 forms.
Compliance with Laws
The IRCC evaluates if the company follows local, provincial, and federal laws regarding hiring and recruitment. Any past or present infractions of laws will be considered.
The IRCC will also check if a recruiter was used to hire a foreign national and if the recruiter was licensed when the job offer was made.
Employers that fail to comply with the IRCC’s request for information may have their application denied.
Key Checks by IRCC
| Check | Details |
|---|---|
| Employer’s Engagement | Is the company active and legitimate? |
| Employer’s Needs | Does the job offer match the company’s needs? |
| Fulfillment of Offer Terms | Can the employer fulfill the job offer terms (work hours, pay, benefits)? |
| Compliance with Laws | Does the employer comply with employment and recruitment laws? |
| Additional Documents | Legal and tax records, business contracts, worker’s compensation clearance letters, employer D4 forms, etc. |
Conclusion
Navigating the IRCC’s checks for a job offer in Canada is essential for both employers and potential immigrants.
Understanding the process helps ensure the job offer’s legitimacy and smooths the path to obtaining a work permit and eventually permanent residence in Canada.
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This guide uses simple language and straightforward explanations to ensure it is user-friendly and easy to understand. The table provides a clear summary of key checks by IRCC, making the information accessible and well-organized.