Everything You Need to Know About IRCC Checks on Your Canadian Job Offer

Taking the path to work in Canada can often feel like a labyrinth - especially when ensuring your Canadian job offer meets the criteria set by Immigration Refugees and Citizenship Canada (IRCC). Securing a legitimate job offer is a critical step for many in pursuing a Canadian work permit or Canadian permanent residency. However, understanding the IRCC's requirements and ensuring your job offer stands up to their scrutiny is vital for a successful application.

We break down the process of IRCC checks on your Canadian job offer, the critical factors considered during the evaluation, and the essential documents you'll need to submit to IRCC.

What is an IRCC Check?

An IRCC check is a thorough background and security verification process conducted by Immigration, Refugees and Citizenship Canada to assess the admissibility of individuals applying for entry into Canada. This check is pivotal in ensuring that applicants meet the necessary health, security, and safety standards stipulated by Canadian immigration law. The Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Service (CSIS) play crucial roles in these checks, screening for criminal records and assessing security risks, respectively.

If you plan to work in Canada, you must note that Canadian immigration officials also carefully review Canadian job offers for employer-specific work permits. Job offers may be used for fraudulent activities or scams, leaving newcomers to Canada at risk. IRCC checks make sure the offer is real and the employer has a genuine need to hire a foreign worker. If they have any doubts, they may reject the work permit application.

Key Factors Considered by IRCC

When you apply for a work permit in Canada, understanding how IRCC evaluates your job offer is crucial. IRCC's evaluation of job offers centers around the validity of the employment offer. This assessment is critical in determining whether your Canadian work permit will be approved. Here are the four main factors considered.

Employer's Business Engagement

When assessing a Canadian job offer, IRCC closely examines whether the employer is actively engaged in legitimate business activities. This includes verifying if the business is operational and provides goods or services. A physical location in Canada where the employee will work is essential. Officers look at the business's start date, type, number of employees, gross income, and principal activities to ensure the business is robust and actively engaged.

Employer's Ability to Fulfill Terms

IRCC assesses whether the employer can realistically fulfill the terms stated in the job offer. This includes providing the promised wages, hours, and working conditions that comply with provincial or territorial standards. The assessment also considers whether the employer can sustain these terms for the employment period indicated in the job offer.

Compliance with Employment Laws

A critical aspect of the evaluation process is ensuring that the employer adheres to all relevant federal, provincial, and territorial employment laws. This includes regulations related to wages, worker safety, and recruitment practices. IRCC checks for any past or current violations that might affect the legitimacy of the job offer. Factors like compliance and licensing status are also verified if a recruiter is involved in the hiring process.

Consistency with Employment Needs

The job offer must align with the reasonable needs of the employer's business. This means the position offered should be expected within the industry and necessary for the employer's operations. IRCC examines whether the job roles and responsibilities fit logically with the employer's business model and industry standards, ensuring the offer is not just feasible but also essential for the employer's current operations.

Documents Needed for IRCC Checks

Applying for a Canadian work permit involves securing key documents from your employer to demonstrate a legitimate job offer and your eligibility to work in Canada. Here's a breakdown of the essential documents IRCC will need to review your application.

Job Offer Letter

When applying for a Canadian work permit, your employer will provide you with a job offer letter. This document outlines the specifics of your position, including your pay, job duties, and work conditions like hours of work. It's crucial to ensure that this letter is detailed and accurately reflects the terms of your employment. If your job requires a Labor Market Impact Assessment (LMIA), you must include a copy of this job offer letter with your work permit application.

LMIA Number

For many job offers, an LMIA is necessary. This assessment confirms that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. Your employer must send you the job offer and the LMIA number, which are critical documents for your work permit application process. This number supports the legitimacy of your job offer and is required when you apply to get, extend, or modify your work permit.

Offer of Employment Number

If your employer is exempt from needing an LMIA, they must submit an offer of employment through the Employer Portal. This process generates an offer of employment number, a 7-digit number starting with the letter "A," which you will need when applying for your work permit. You won't receive an email or approval letter with this number; instead, your employer must give it to you directly. The information provided in the offer of employment should be easily verifiable to ensure compliance during any potential inspection.

Remember, each document plays a pivotal role in the IRCC's evaluation of your job offer, ensuring that all the legal and procedural requirements are met for your employment in Canada. Make sure to have these documents in order before applying for your work permit to streamline the process.

The Impact of a Negative Assessment

A negative assessment can have severe consequences. If IRCC determines that the job offer is not genuine, or if the employer fails to provide the necessary information to prove the validity of their operations, the Canadian work permit application will likely be refused. IRCC officers have the authority to request further documentation from the employer if there are concerns regarding the employer's ability to meet the proposed terms. Failure to satisfy these inquiries can also result in a refusal.

Understanding these criteria and preparing accordingly can significantly boost your chances of securing a work permit. Ensure your potential employer is fully compliant and prepared to meet IRCC's thorough checks.

Issues With Job Offer Legitimacy

Immigration officers are responsible for flagging any suspicious activity during the processing, issuance, or even after the issuance of a work permit. This includes identifying inconsistencies or patterns that raise concerns about the legitimacy of the job offer or the employer's compliance.

Here are some situations where an officer might need to contact the Case Management Branch (CMB):

• Past Employer Issues: The officer has concerns or evidence that the employer hasn't followed through on past commitments related to previous work permit offers. This could include failing to provide the offered job, paying lower wages or offering worse working conditions than promised, or any other violation of the initial agreement.
• Negative Employer Information: Public information, such as media articles, suggests the employer might be involved in labor violations against their workers. This raises red flags about their compliance with work permit regulations.
• Employer Complaints: Complaints have been received alleging the employer may not be adhering to the terms outlined in the job offer, such as underpaying workers, forcing them to work extra hours, or providing unfair working conditions.
• Misleading Job Offer: There are suspicions that the employer might have provided false information on the job offer letter. This could involve offering a non-existent position or manipulating details to facilitate a permanent residency application for the foreign worker.

Note that reporting potential issues to the CMB should not delay the regular processing of the work permit application.

FAQs

How Can I Verify the Legitimacy of a Job Offer in Canada?

To determine if a Canadian job offer is legitimate, check that the offer is written on the official company letterhead, which should include the company's registration and contact number. Ensure that the company can be verified through online resources. Be cautious, as scammers often create fake websites, social media profiles, and online reviews to appear legitimate.

I am Applying for an Open Work Permit For Canada. Which Documents Do I Need From My Employer?

None. Applying for an Open Work Permit doesn't require documents from an employer.