Operational Bulletin 394 – March 08, 2012

The Validity of Arranged Employment Opinions

Summary

Service Canada (SC) is the delivery arm of Human Resources and Skills Development Canada (HRSDC). The authorities have mandated that officers no longer need a new Arranged Employment Opinion (AEO) from Service Canada (SC). This is applicable in cases where:

• The Arranged Employment Opinion (AEO) has expired and,
• The officers are processing the Federal Skilled Worker (FSW) application

Officers still have the authority to issue a Permanent Resident (PR) visa. However, they would only do so as long as:

• The Arranged Employment Opinion (AEO) was valid at the time of receipt of the application
• They are satisfied that the job offer is still valid and,
• No adverse information about the employer has come to light

This change has come into force with immediate effect.

Background

Situations could arise where the validity of an Arranged Employment Opinion (AEO) expires, even as officers are processing the Federal Skilled Worker (FSW) application. In this scenario, officers usually followed a certain practice. They requested the employer to obtain a new Arranged Employment Opinion (AEO) from Service Canada (SC).

They did this even if the job offer has remained unchanged. In many cases, this practice resulted in:

• Processing delays at the visa office and,
• Frustration experienced by the employer

The Instructions

The Process for Verifying Notes in the Global Case Management System (GCMS)

• Before issuing visas, officers would need to check the Global Case Management System (GCMS) to confirm that:
• Service Canada (SC) has not made any changes to the Arranged Employment Opinion (AEO) and,
• No adverse information about the employer has come to light
• With immediate effect, officers will still be able to issue a visa in case:
• An Arranged Employment Opinion (AEO) issued by the Human Resources and Skills Development Canada (HRSDC) – as outlined in R82 (2) (c) – has expired and,
• Officers are still processing the application for Permanent Residence in Canada
• However, before issuing the visa, the officers would need to ascertain that:
• The offer of employment is still valid and,
• Service Canada (SC) has not revoked the original Arranged Employment Opinion (AEO)
• In case the officers are not satisfied about the validity of the offer, they would need to request the employer to obtain a new Arranged Employment Opinion (AEO) from Human Resources and Skills Development Canada (HRSDC)

The Role of Service Canada (SC)

• Prior to issuing the visa, the officers might want to confirm certain information about the Arranged Employment Opinion (AEO)
• Service Canada (SC) officers would need to avoid a duplication of efforts concerning the Arranged Employment Opinions (AEOs)
• Therefore, when Service Canada (SC) officers issue positive Arranged Employment Opinions (AEOs), they would need to verify:
• The authenticity of the offer of employment
• The authenticity of the history of the employer
• That the job offer is:
• Permanent
• Full-time and,
• Not seasonal
• That the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupations and,
• That the working conditions provided to the skilled worker meet generally accepted Canadian standards
• Service Canada (SC) officers would also need to contact each employer by phone to confirm that:
• The job offer is still valid
• The working conditions and the wages remain the same and,
• The employer remembers the commitment made to hire the named applicant upon arrival in Canada should the authorities issues a Permanent Resident (PR) visa to the applicant
• These confirmations form part of the normal processing procedure for officers of Service Canada (SC)
• Officers of Service Canada (SC) and Human Resources and Skills Development Canada (HRSDC) also ask the employer to submit certain supporting documentation along with their Arranged Employment Opinion (AEO) application

The Process for Contacting Human Resources and Skills Development Canada (HRSDC)

• The officers would need to verify certain information before they issue a visa
• Typically, these officers would need to verify information about the Arranged Employment Opinion (AEO) or the job offer
• The officers would usually not be able to find this information in the Global Case Management System (GCMS)
• The officers might also want to verify other details, such as the bona fides of the job offer to allay any concerns they might have about the possibility of fraud
• Therefore, before they contact the applicant or the employer, the officers would first need to contact the Human Resources and Skills Development Canada (HRSDC) at nc-cic_exchange-gd@hrsdc-rhdcc.gc.ca
• They would contact Human Resources and Skills Development Canada (HRSDC) to:
• Confirm information not found in the Global Case Management System (GCMS) or,
• Obtain information not found in the Global Case Management System (GCMS)
• Typically, officers of Service Canada (SC) might have acquired the information sought during their assessment of the application
• Contacting Human Resources and Skills Development Canada (HRSDC) would help in eliminating the duplication of efforts by:
• The missions and,
• Service Canada (SC)
• After consulting with Human Resources and Skills Development Canada (HRSDC), the officers might want to contact the employer or the applicant for further information and clarification
• This could include (but not be limited to):
• The purpose of confirming that the job offer of permanent employment still exists
• The objective of addressing any concerns about the authenticity of the job offer

Source: Citizenship and Immigration Canada (CIC)