The instructions separate IMP and TFWP reviews
IRCC's updated instructions explain that every employer-specific work permit offer must meet the genuineness requirements of subsection 200(5) of the Immigration and Refugee Protection Regulations. Open work permits are not assessed this way, because they do not involve a specific employer or job offer.
Under the International Mobility Program (IMP), the employer submits the offer to IRCC before the worker applies, and the offer is reviewed after the application is submitted. Under the Temporary Foreign Worker Program (TFWP), the worker submits the offer with the application and a positive labour market impact assessment (LMIA). A positive LMIA does not remove the officer's duty to assess the offer.
Officers assess four genuineness factors
A failure on any one factor can lead to refusal. The four factors are:
- Whether the employer is actively engaged in the business for which the offer was made. This factor does not apply to live-in caregiver offers.
- Whether the position is consistent with the employer's reasonable employment needs.
- Whether the employer can reasonably provide the offered work, wages and working conditions.
- Whether the employer or recruiter has complied with federal and provincial or territorial employment and recruitment laws.
Outside information must be disclosed before a negative finding
An officer may rely on information that the applicant would not reasonably know about, such as the result of a separate search about the employer. IRCC calls this extrinsic information. Before finding that an offer is not genuine, the applicant must receive a procedural fairness letter that explains the concern, the evidence needed and any extrinsic information used. The employer then provides the evidence directly to IRCC, generally within 15 days.
If the offer is not found to be genuine on any one factor, or the employer does not respond adequately, the work permit application is refused. At the port of entry, border services officers review the genuineness factors again.
The update does not create a new work permit stream
This is processing guidance for existing employer-specific work permit rules. It is not a new program, and it does not guarantee approval. The facts of the business, the job, the employer's ability to meet the offer and the evidence submitted decide the assessment.
Applicants and employers should make sure that the duties, wage, hours, work location and business information agree across the offer, the contract, the LMIA or Employer Portal record, and the supporting documents. If IRCC raises a concern, the response should address the stated factor and the deadline directly.