IRCC updates how officers assess whether a work-permit job offer is genuine

The September 17 instructions separate IMP and TFWP reviews

IRCC's updated instructions explain that every employer-specific work-permit offer must satisfy the genuineness requirements in subsection 200(5) of the Immigration and Refugee Protection Regulations. Open work permits are not assessed under these factors because they do not involve a specific employer or job offer.

For the International Mobility Program, the employer submits the offer directly through IRCC before the worker applies, and the offer is reviewed with the application. For the Temporary Foreign Worker Program, the worker submits the employment contract and positive LMIA with the application. A positive LMIA does not remove IRCC's duty to assess the other work-permit requirements, including whether the offer is genuine.

Officers assess four genuineness factors

A failure on any one factor can lead to refusal under section R200. The instructions give officers examples of information they may examine, including business history and activity, financial and payroll records, licences, contracts, prior offers and inspections, publicly available information and compliance records.

• Whether the employer is actively engaged in the business for which the offer was made.
• Whether the position is consistent with the employer's reasonable employment needs.
• Whether the employer can reasonably provide the offered work, wages, hours, benefits and working conditions for the permit period.
• Whether the employer or authorized recruiter has complied with federal and provincial or territorial employment and recruitment laws.

Outside information must be disclosed before a negative finding

When an officer relies on information that the applicant would not reasonably know about, such as the result of a separate employer search, IRCC calls it extrinsic information. The officer must record the search and place the material in the application record.

Before finding that the offer is not genuine on that basis, the applicant must receive a procedural fairness letter identifying the concern and the information used. The applicant and employer must have an opportunity to respond. The instructions say the employer should normally provide the requested evidence directly to IRCC within 15 days, or within the applicable office standard.

The update does not create a new work-permit stream

This is processing guidance for existing employer-specific work-permit rules, not a new immigration program or a guarantee that an application will be approved. The facts of the business, the job, the employer's ability to meet the offer and the evidence submitted will determine the assessment.

Applicants and employers should make sure the job duties, wage, hours, work location and business information are consistent across the offer, contract, LMIA or Employer Portal record and supporting documents. If IRCC raises a concern, the response should address the stated factor and deadline directly.