Assessing the genuineness of the offer of employment on a work permit application

In these instructions, “officer” refers primarily to IRCC employees. Where there are specific instructions for the port of entry, it would include border services officers at the Canada Border Services Agency.

When assessing an employer-specific work permit application, all offers of employment must meet the genuineness requirements of subsection 200(5) of the Immigration and Refugee Protection Regulations.

1. In the International Mobility Program (IMP), the offer of employment is submitted directly to IRCC by the employer before the applicant submits their work permit application, as required by section R209.11. The requirement to meet the genuineness factors is set out in subparagraph R200(1)(c)(ii.1). The offer is not reviewed until the work permit application has been submitted.
2. In the Temporary Foreign Worker Program (TFWP), the offer of employment is submitted as part of the work permit application along with a positive Labour Market Impact Assessment (LMIA). The requirement to meet the genuineness factors is set out in R200(1)(c)(iii) and R203(1)(a).

If an officer is not satisfied that the job offer is genuine, they should refuse the work permit application because not all of the requirements of R200 have been met.

Open work permits are not subject to the assessment of the genuineness factors in subsection R200(5), since there is no specific employer or job offer involved.

On this page

• Reviewing the offer of employment
  • International Mobility Program (IMP) applications
  • Temporary Foreign Worker Program (TFWP) applications
• Reviewing extrinsic information
• Genuineness factors
  • Concerns with the genuineness of the offer
• The employer is “actively engaged” in the business
  • Assessing active engagement
    • TFWP applications
    • IMP applications
    • All employer-specific applications
• The offer of employment is consistent with the reasonable employment needs of the employer
  • Assessing reasonable employment needs
    • All employer-specific applications
    • Examples that suggest inconsistencies between the job offer and the employment needs
• The employer can reasonably fulfill the terms of the offer of employment
  • Assessing the ability to fulfill the terms of the offer
    • TFWP applications
    • IMP applications
    • All employer-specific applications
• Compliance with laws regulating employment and recruitment
  • All employer-specific applications
• Provincial legislation related to temporary foreign workers and recruiters
  • All employer-specific applications
• Port-of-entry considerations
  • Assessing a work permit application submitted at the port of entry
    • TFWP applications
    • IMP applications

Reviewing the offer of employment

International Mobility Program (IMP) applications

As per section R209.11, employers are required to submit their offer of employment directly to IRCC. Applicants provide the Offer of Employment number (A#) with their work permit application.

All the fields in the offer of employment should be complete in order for the processing officer to determine the genuineness of the offer. Information regarding the employer is found in both the work permit application in the “LMIA Exempt” view tab under Employment Details in GCMS, and under the employer’s Organization ID. Officers may also find additional information in the “LMIA exemption explanation” document in the work permit application’s Incoming Correspondence. Review Employer-specific work permits — General processing — International Mobility Program for further processing instructions.

A copy of the employment contract is not required when the job offer has been made through the Employer Portal. However, applicants often do provide a copy of the contract or a letter of employment. Officers may therefore review and compare a signed letter of employment or employment contract, if it was submitted by the applicant, against the “LMIA Exempt” view tab in GCMS.

Temporary Foreign Worker Program (TFWP) applications

As per subparagraph R200(1)(c)(iii), an officer must be satisfied that the requirements of paragraphs R203(1)(a) to (g) are met, including on the basis of an LMIA provided by Employment and Social Development Canada (ESDC). The applicant is required to provide a copy of the employment contract and a positive LMIA when the work permit application is submitted. The LMIA is only one requirement that officers must assess for work permit applications accompanied by an LMIA. Officers must still be satisfied that all other requirements in R200 are met, including the genuineness of the offer of employment.

When a positive LMIA is issued, it is assumed that ESDC found the offer of employment to be genuine. When an IRCC officer determines that the offer of employment is not genuine based on the information in front of them, the applicant and their prospective employer should be advised of the officer’s concerns and provided an opportunity to respond. See Concerns with the genuineness of the offer for instructions on sending a procedural fairness letter. Border services officers must relay their concerns as part of a port-of-entry examination.

See also Labour Market Impact Assessment Review - Temporary Foreign Worker Program for further TFWP processing instructions.

Officers should review and compare the signed employment contract or job offer submitted against the information in the “LMIA” view tab in GCMS.

Reviewing extrinsic information

Extrinsic information is information that is being used in the decision, but that the applicant would not reasonably be aware of. It may include information that was not provided by the applicant, or information that the applicant does not have access to.

When an officer conducts a review of the employer beyond the information provided in the offer of employment and Organization ID in GCMS, they should indicate in the “Case Notes” the steps they took and the results, including the URL and date of search of any websites they consulted as part of their review.

Any additional information or documentation reviewed by the officer to assess the genuineness of the job offer should be added to the electronic documents (eDocs) within the application. This will assist in any inspections, litigation or future work permit processing.

Genuineness factors

To determine the genuineness of the offer of employment in all employer-specific work permit applications, including renewals, 4 genuineness factors should be assessed:

• the offer is made by an employer that is “actively engaged” in the business (unless the offer is made for employment as a live-in caregiver)
• the offer is consistent with the reasonable employment needs of the employer
• the terms of the offer can be reasonably fulfilled by the employer
• the employer or their authorized recruiter has complied in the past with federal and provincial or territorial laws that regulate employment or recruitment in the province or territory where the foreign national will be working

If the offer of employment is not found to be genuine under any one of the 4 genuineness factors, the officer is to refuse the work permit application, as it does not meet the requirements of section R200.

Concerns with the genuineness of the offer

If an officer has concerns with the genuineness of the offer, the officer should send a procedural fairness letter to the applicant advising them that:

• after review, the officer has concerns with the genuineness of the offer and
• further information or documents are required to support the genuineness of the offer

The letter must:

• specify what the concerns under R200(5) are (which of the 4 genuineness factors is of concern and why);
• inform the applicant that the employer should provide the evidence directly to IRCC within 15 days (or the applicable office standard) and provide instructions on how the employer can submit documents directly to IRCC based on the regular office procedures, or, if none exist, the officer should:
  • direct the employer to submit a webform providing the following directly to IRCC on behalf of the principal applicant, in the fields provided:
    • the employer's personal information, as indicated
    • the exact name and date of birth of their prospective employee, ie. the applicant, written exactly as in the applicant’s passport
    • the applicant's email, country of birth, country the applicant was in when they applied, and the nationality on the passport they used to apply
    • their prospective employee’s application number
    • that they applied for Temporary Residence, and submitted a Work permit application
    • the employer’s complete information, including their full name, the company’s name, their location and contact information
    • how the application was submitted
    • a copy of the procedural fairness letter, if possible
    • the information or documents requested by IRCC
    • a comment in the webform stating, “I am providing information requested by IRCC and would like to have it added to the employee’s application”
    • a signed letter from the employer that they acknowledge that IRCC is requesting these documents and they are willing to provide them to support their prospective employee’s application with IRCC
  • add a note in the application and indicate a follow-up (bring forward [BF]) date of 30 additional days from the deadline provided in the letter to allow sufficient time for the employer’s webform response to be attached to the application.

Note that any information received that is not automatically uploaded or visible in GCMS (for example, documents received by fax or email) must be uploaded to GCMS prior to rendering a decision.

If an employer does not respond to the request for information, the officer should review the application with the information at their disposal, and if they are not satisfied that the offer is genuine, they should refuse the work permit application because not all of the requirements of R200 have been met.

Although subparagraph R200(1)(c)(ii.1) and subsection R203(1) provide officers the authority to request information from employers directly, it is recommended that officers send a procedural fairness letter to the applicant when there are genuineness concerns so that the applicant knows the case to be made, especially if the application was made under the TFWP and ESDC found the offer of employment to be genuine, or if the concern is due to extrinsic information or if there are inconsistencies between the offer and the employment needs. If the officer requires further information after the employer has responded to the initial request, they may contact the employer directly.

When requesting additional information directly from the employer, the officer should use the contact information provided in the offer of employment. For IMP work permit applications, the employer contact information should be included in the offer of employment, as per section R209.11, and can be found in the “LMIA Exempt” view tab in GCMS. For TFWP work permit applications, the employer contact information can be found in the “LMIA” view tab in GCMS, or by doing an Employment Validation search using the LMIA system file number. The method of contact (such as email, telephone, regular mail or fax) should be determined by individual offices according to their internal procedures.

The employer is “actively engaged” in the business

The officer must be satisfied that the offer of employment is made by an employer that is actively engaged in the business which the offer is made. It is important to ensure that the offer of employment comes from an organization that not only legally exists but also can demonstrate it actively offers goods or services.

Examples of active engagement may include:

• having an operating business
  • a company with no employees that exists in name only and that is established for the express purpose of facilitating the entry of foreign nationals would not qualify as an operating business
• actively providing either goods or services
• having a physical address in Canada (note that this business address may differ from the employees’ employment location)

Assessing active engagement

TFWP applications

The officer’s assessment should include review of the information in all of the following:

• positive LMIA letter
• LMIA view tab in GCMS
• any open source searches completed, and
• any information provided by the employer on request (see Concerns with the genuineness of the offer).

IMP applications

The officer can assess active engagement for IMP applications by looking at the following points in the “Organizations & Entities – Employer Details” view tab in GCMS:

• history of the business, including the date it was established
• type of business
• number of employees
• gross income
• principal activity

All employer-specific applications

The officer should conduct a more in-depth assessment of the employer’s engagement if any of the following applies:

• the business information in the offer of employment raises concerns with respect to the organization’s active engagement in a business (such as being less than 1 year old)
• there is negative publicly available information regarding the organization (for example, an internet search reveals that the business has closed)
• there is information in the “Notes” tab in GCMS about the organization, or verifications on previous temporary foreign workers have been conducted, and a negative determination was made
• the employer is/was listed in Employers who have been found non-compliant

The in-depth assessment may include any or all of the following:

• requesting further information from the employer (see Concerns with the genuineness of the offer)
• obtaining information from other government departments
• using publicly available information (for example, searching on Google, the Better Business Bureau website, or provincial or employer websites)
• obtaining any further information required to be satisfied that the employer is actively engaged

Relevant documentation may be requested, although officers should keep in mind that any single factor, in and of itself, may not be able to definitively point to whether the business is actively engaged. Officers should broadly consider all relevant elements, and obtain any further information required to satisfy themselves that the employer is actively engaged, which may include but is not limited to:

• a confirmation of the Canada Revenue Agency business number
• a copy of any business licences or permits required
• the organization’s relevant income and tax documents
• copies of contracts or any other document that provides proof the organization is actively doing business

An employer’s failure to provide additional information to satisfy this assessment may result in a work permit refusal, as the officer might not be satisfied that the organization is actively engaged based on the information submitted in the work permit application.

Example of an employer that may be actively engaged in the business

Example of an employer that might not be actively engaged in the business

Note that the fact that the business is run from home is not the concern in itself, but rather the lack of evidence of engagement in general. Offers from businesses run from a residential address may be genuine, and this information should be considered in conjunction with all other evidence, such as the type of business. For example, it may be reasonable to run a business that sells handmade goods or provides digital services from home, whereas most commercialized services such as restaurants or large-scale operations would likely require more space.

The offer of employment is consistent with the reasonable employment needs of the employer

The officer must be satisfied that the offer of employment is reasonable in relation to the type and size of the employer’s business. The occupation should be one that is reasonably expected in that organization’s sector, and the employer must be able to demonstrate that they reasonably need an employee in the occupation offered.

Assessing reasonable employment needs

All employer-specific applications

If an officer has any concerns regarding the job offer’s credibility or authenticity due to inconsistencies between the job offer and employment needs, the officer should request more information from the employer about the need to hire a foreign national for the job (see Concerns with the genuineness of the offer).

The employer must be able to satisfactorily explain the role of the temporary foreign worker in their operations and how it covers a reasonable employment need in terms of both occupation and operation.

If an employer refuses to provide sufficient information to satisfy this assessment, the work permit should not be issued.

Examples that suggest inconsistencies between the job offer and the employment needs

• A catering company is hiring a roofer (an occupation not reasonably expected at this type of business).
• A company has only 10 employees, and this is the sixth supervisor position they have offered in the last year (6 full-time supervisors may be unnecessary for so few employees).
• A franchise restaurant location is hiring a full-time business analyst (a position that may not be consistent with reasonable needs in the restaurant business, especially at a franchise location rather than the head/parent company).

The employer can reasonably fulfill the terms of the offer of employment

The employer must demonstrate that the terms of the offer are ones that they can reasonably fulfill. They must demonstrate that they are capable of providing—for the duration of the work permit—the hours of work, wages and benefits stated in the offer of employment. They must also be able to provide the working conditions that are indicated in the offer and that meet provincial or territorial standards.

Assessing the ability to fulfill the terms of the offer

TFWP applications

The officer’s assessment should include the information provided in the LMIA. If they have any concerns about whether the employer can reasonably fulfill the terms of the offer of employment, officers should request further information from the employer by sending a procedural fairness letter.

IMP applications

For IMP applications, officers can check the “Organization & Entities – Associations” tab in GCMS to review other work permit applications matched to the offers of employment submitted and if they were approved or refused. The “Organization & Entities – Offers of Employment” tab provides information on all past offers submitted by the employer.

The “Organization & Entities – Notes” tab will include any information added by other officers, and the “Organization & Entities – Verifications” tab should include work permits where inspections were conducted and the outcomes.

All employer-specific applications

If the officer has concerns that the employer will not be able to pay the wage, provide benefits, or meet the other terms, such as hours of work, as described in the job offer, the officer can request additional documentation or information from the employer (see Concerns with the genuineness of the offer), including but not limited to the following:

• a T4 Summary of Remuneration Paid, which provides a summary of employment income paid out by the employer in a given year (the absolute amount of income paid [see line 14 of the T4 – Employment Income] will reveal the general size of the employer, which should give the officer an indication of whether that employer can support temporary foreign workers, in other words, can reasonably provide the salary indicated in the job offer)
• a T2 Schedule 100/125 (if the employer is a corporation), which provides insight into the solvency of a business by providing information on operating income, the overall financial position and retained earnings of the business
• a T2125 or equivalent financial statement (if it is a sole proprietorship or partnership), which provides information on the operating income (business income) of the employer (but not retained earnings, or profits)
• a workers’ compensation clearance letter, which declares that the employer is registered with the appropriate workers’ compensation board and has an account in good standing

In cases of contracted services from a foreign company, employers may be requested to provide both or either of the following:

• business contracts (the contracts provide evidence that the organization would have sufficient future income to meet the terms of the offer made to the temporary foreign worker)
• business documents (similar to those requested for business visitors, entrepreneurs or other business category applicants in the host country, such as business licences indicating that the business is licensed to provide the goods or services)

If the officer has any concerns regarding the credibility or veracity of the information provided regarding the employer’s ability to fulfill the terms of the offer of employment, they must send a procedural fairness letter with a request for further information or documents to be submitted directly from the employer.

An employer’s failure to satisfy this assessment will result in a refusal of the work permit application.

Positive example

Negative example

Compliance with laws regulating employment and recruitment

All employer-specific applications

The officer must be satisfied that the employer, or anyone who recruited the temporary foreign worker on their behalf, has been and will continue to be, compliant with federal and provincial or territorial laws regulating employment and recruitment in any province or territory where the temporary foreign worker is intended to work.

For the purpose of this assessment, any previous or current violation of Canadian federal and provincial laws regulating employment and recruitment could be considered. It does not matter whether the violations of the employment legislation involved Canadians, permanent residents or non-permanent residents, as these laws are related to all of the following:

• the regulation of employers
• employer consultants and recruiters
• safety in the workplace
• wages
• applicable benefits

While many provinces and territories maintain websites listing employers who have violated their legislation, the employers listed may still be able to offer a workplace suitable for all workers, including temporary foreign workers, as not all penalties result in a ban. Officers should consider information they might have regarding employer non-compliance with federal or provincial laws, but additional inquiries with the employer are required to support a refusal based on non-genuineness of the offer due to the employer’s past non-compliance.

Provincial legislation related to temporary foreign workers and recruiters

All employer-specific applications

Unlicensed recruiters: If a recruiter who is working for an employer is not licensed in a province where it is required by law that recruiters and employment agencies of foreign nationals be licensed by the province (such as Manitoba’s Worker Recruitment and Protection Act and Alberta’s Fair Trade Act), a work permit application can be refused for non-compliance under R200(1)(c)(ii.1) for the IMP, or R200(1)(c)(iii) or R203(1)(a) for the TFWP.

If officers do not have sufficient information to determine compliance with employment laws, information may be requested from the employer (see Concerns with the genuineness of the offer), or the application may be referred for a potential inspection.

An employer’s failure to provide information to satisfy this assessment should also result in a refusal of the work permit application.

Positive example

Negative example

Port-of-entry considerations

Genuineness concerns may be identified after a work permit application has been provisionally approved and a letter of introduction has been issued.

Where a foreign national’s work permit has been provisionally approved, the genuineness assessment should have been conducted by the processing officer. However, there may be situations where information is received after the provisional approval but before the issuance of the work permit and the information indicates the offer of employment might no longer meet the genuineness factors.

In these cases, the border services officer may request further information from the employer to determine whether all of the requirements of section R200 are still met before issuing the work permit.

If the border services officer is not satisfied that the requirements are still met at the time of entry to Canada, they must refuse the work permit application.

Most foreign nationals with temporary resident status who leave Canada to visit the United States or St. Pierre and Miquelon, and who access the immigration service at the port of entry in order to re-enter, are no longer eligible to apply for a work permit at a port of entry. For more information on who can apply for a work permit at a port of entry, see Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry.

Assessing a work permit application submitted at the port of entry

TFWP applications

Where a foreign national is otherwise eligible to apply at a port of entry and is in possession of a positive LMIA, even though an assessment of genuineness may have been completed by ESDC, border services officers should ensure they are satisfied that the offer continues to meet the 4 genuineness factors.

IMP applications

When a foreign national is otherwise eligible to apply at a port of entry and applies for an IMP employer-specific work permit, the assessment of the 4 genuineness factors [R200(5)] should be reviewed by the border services officer. This applies even in cases where the International Mobility Workers Unit has provided an opinion.