What’s New
As set out in our last issue of ImmPulse™, Citizenship and Immigration Canada (CIC) has announced that, effective February 21, 2015, work permit applications in LMIA-exempt (‘International Mobility’) categories will require additional compliance measures, notably, employer declarations/offer summaries. This will impact many categories including intra-company transfers, and NAFTA professionals.
Despite the substantial impact of this announcement, and the proximity of the announcement to the effective date, information is only slowly and gradually being released to allow the immigration community to digest and understand the requirements.
Today, CIC released the form that they have created that employers will be required to complete for LMIA-exempt work permits. The actual form can be found at http://www.cic.gc.ca/english/pdf/kits/forms/imm5802e.pdf. We urge readers to review the form, as it will become a staple of everyday life for this involved in work permit applications.
Much of the information requested seems innocuous (though time-consuming). However, initial analysis of the information requested reveals possibly difficult or contentious requirements. Among other concerns, the forms asks for:
- Information about Company Size
- It is not clear how this request may be relevant. It is also not clear if this means just the Canadian business, or whether this includes foreign affiliates where applicable.
- Employer ID/Canada Revenue Agency Business Number
- As innocuous as this seems, this raises concerns about (a) requests for Service Canada employer IDs (which should be related to LMIAs), and (b) situations where the employer is a foreign company, which is not out of the ordinary.
- Applicable Licensing Provisions
- There are a number of otherwise regulated professions which are exempt from CICs scrutiny. For instance, NAFTA professionals do not need to demonstrate licensing to CIC; only that they have the appropriate credentials. This question implies that this is something that CIC will now wish information about, which could greatly complicate an application.
Impact
It is not clear how strictly each element will be enforced to create a ‘complete’ form. As noted, specific questions may not be relevant, or legally appropriate. We advise readers to ‘brace for impact’, and we will continue to provide information and strategic considerations as they are provided or as they evolve.
Further information
We refer readers again to the applicable form at:
http://www.cic.gc.ca/english/pdf/kits/forms/imm5802e.pdf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.