Immigration Law Alert: New Offer of Employment Form for LMIA-Exempt Work Permit Applications

In two recent alerts (recent alert and recent alert), we advised readers of new fees and obligations beginning February 21, 2015 that will affect work permit applications of Labour Market Impact Assessment (LMIA) exempt foreign workers under the International Mobility Program. We also advised readers of the new requirement for employers to submit an Offer of Employment directly to Citizenship and Immigration Canada electronically using the prescribed IMM 5802 form.

The government has now released the IMM 5802 form and an aid to assist employers with the completion of the form.

The new form requires general corporate information about the employer (including contact information, size of business, and principle business activity), the terms of the offer of employment, information supporting the LMIA exemption, information about the foreign worker, and a declaration by the employer as to the existence of its business, the accuracy of the information provided in the offer of employment, and the legality of its workplace practices.

Third party representatives can complete and submit the form for employers as long as the employer contact has signed a Use of a Representative form (IMM 5476).

by David Elenbaas and Stefanie Di Francesco

For further information about the new work permit application, please contact one of:

• David Elenbaas
• Christopher Garrah
• Dave J.G. McKechnie
• Stefanie Di Francesco

A Cautionary Note

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2015