The Process for Dealing with Concerns Regarding the Genuineness of the Job Offer [R200 (5)]
Situations could arise where the officers have concerns about the employer or the genuineness of the offer. In this scenario, the officers have the authority to request for further information from the employer. This is in accordance with the provisions specified in the IMM 5802 form. For instance, the officers have the authority to request employers for information without having to use the foreign national applicant as a conduit for that specific request. This is in accordance with the provisions specified in subparagraph R200 (1) (c) (ii.1).
The Process for Dealing with Concerns Regarding the Validity of the IMM 5802 Form
In some situations, the officers might find that the receipt number is not valid for use in the Global Case Management System (GCMS). There could be two possible reasons for this.
- The employer typed the number incorrectly or,
- The IMM 5802 form is not genuine
In this scenario, the officers would need to attempt to contact the employer for determining the correct receipt number. Alternatively, they would need to request the employer for further information such as:
- The proof of registration or licensing
- A copy of the online receipt or,
- The documents supporting financial ability
The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) mandate a specific condition. This condition stipulates that employers must provide accurate information. As such, the authorities believe that contacting the employers directly for any further information is a best practice. The IMM 5802 form would typically contain the employer’s contact information. Thus, the individual officers would need to determine the method of contact based on their own specific internal procedures.
The Process to Follow When there is No IMM 5802 Form and the Employer Compliance Fee Has Been Paid
Under the new regulations, the authorities would check whether the employers have met the requirements for the offer of employment and the payment of the employer compliance fee. Only then would the foreign national be able to submit the employer specific, Labour Market Impact Assessment (LMIA) exempt work permit application. In case the employers do not meet these requirements, the officers have the ability to refuse the applications. This is in accordance with the provisions specified under the new regulation paragraph 200 (3) (f.1).
In addition, the officers would need to note that the requirement for the employers to submit their documents and pay the fee in advance is not one of the prescribed R10 requirements. As such, if they find that these two documents are missing, they have the authority to refuse the application without returning it.
The Process for Refunds
In some situations, the officers might refuse the employer specific, Labour Market Impact Assessment (LMIA) exempt work permit application. In this scenario, the officers would need to initiate the refund of the employer compliance fee for Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA), in accordance with the standard guidelines.
In certain situations, the employer could withdraw the offer of employment in writing prior to the issuance of the work permit. In this scenario, the officers would need to refuse the work permit for not meeting the prescribed requirements. Thereafter, they would need to initiate the refund of the employer compliance fee.
Employers could withdraw their offer by contacting the OfferofEmploymentOffredemploi@cic.gc.ca mailbox. They would need to forward their original offers of employment and add the word ‘WITHDRAWAL’ in the subject line. This would enable the Case Management Branch (CMB) to link the withdrawal to the original offer. Thereafter, they would enter the information in the Global Case Management System (GCMS).
For more details on refunds, refer to Appendix J