Canada: New online employer portal should be used immediately

On October 26, 2015, Citizenship and Immigration Canada (CIC) introduced a new electronic system for employers to submit Offers of Employment for Labour Market Impact Assessment (LMIA)-exempt foreign workers (including intracompany transferees, professionals under the North American Free Trade Agreement, and International Experience Canada participants), called the Employer Portal. Official guidance suggests that employers should begin using the Employer Portal.

Although most officers are still unfamiliar with the new process and continue to accept paper forms, officially, paper IMM 5802 forms will only be accepted from employees whose employers who have signed the forms prior to October 26, 2015, and whose Compliance Fee was submitted prior to that date. The final date for submission of the paper-based forms is November 21, 2015.

The Employer Portal is part of recent CIC changes to strengthen employer accountability under the International Mobility Program. Instructions are available on the CIC website. Third-party representatives have been given access to the portal to file documentation on behalf of employers.

What This Means for Employers and Foreign Nationals

Employers who are required to send LMIA-exempt workers to Canada should enroll in the Employer Portal as soon as possible. Affected employers with questions or requiring assistance submitting information on the Employer Portal should contact their Fragomen professional.

Stuart Beaty

Celsium, Birmingham, UK