Canada’s immigration department has revised its operational instructions to stop officers from summarily refusing employer‑specific work permit applications when the job offer appears dubious. Effective 17 September 2026, officers must now issue a procedural fairness letter (PFL) and give applicants a chance to address concerns about the genuineness of the offer.
New procedural requirements
- Procedural fairness letter – If an officer doubts a job offer, they must place the file on hold and send a PFL that:
- Details the specific concerns about the offer’s genuineness.
- Instructs the employer to submit documentary evidence directly to IRCC.
- Employer response deadline – The employer has 15 days (or the applicable office standard) to respond via the IRCC webform.
- Follow‑up review – After the employer deadline, the officer must schedule a review 30 days later to allow time for the employer’s response to be attached to the file.
Key changes to the assessment criteria
- Employment contract – Not required for offers submitted through the employer portal, but may be reviewed if the applicant provides one.
- Physical location – The previous requirement that the employer maintain a physical Canadian workplace has been removed.
- Live‑in caregiver exemption – Employers of live‑in caregivers are exempt from the “active engagement in the business” test.
- Holistic business assessment – Officers must consider all relevant elements when determining whether an employer is actively engaged, rather than relying on a narrow checklist.
- Home‑based businesses – Work permits can be issued to foreign workers hired by employers whose operations are home‑based, provided the business is genuinely operating.
- Foreign‑company contracts – Clarified process for requesting additional information when a Canadian employer contracts services from a foreign firm.
- Non‑operating businesses – Entities that exist solely to facilitate foreign‑national entry are deemed “not an operating business” and do not qualify.
- Flag‑poling ban reminder – The ban on flag‑poling, in effect since December 2024, continues to apply to many work‑permit applications.
- Case Management Branch – All directions referring applications to this branch have been removed.
Scope of the updated instructions
The revised guidance applies to all employer‑specific work permits, including:
- LMIA‑exempt permits issued under the International Mobility Program (IMP).
- Temporary Foreign Worker Program (TFWP) permits, which always require a Labour Market Impact Assessment (LMIA).
While TFWP applications have already been vetted by Employment and Social Development Canada (ESDC) at the LMIA stage, immigration officers remain responsible for confirming the genuineness of the job offer before issuing the permit.
Legal basis
The job‑offer requirement is set out in section 200(5) of the Immigration and Refugee Protection Regulations (IRPR).
Practical implications for applicants and employers
- Applicants should expect a PFL rather than an immediate refusal when IRCC questions the authenticity of their job offer.
- Employers must be prepared to provide supporting documentation (e.g., business records, contracts, proof of active operations) within the 15‑day window.
- Delays are likely, as the officer must wait an additional 30 days after the employer’s response before finalizing the decision.
- Applicants and employers should ensure that the business meets the “operating business” definition; entities created solely to bring in foreign workers will not qualify.
Source article: www.cicnews.com
