July 4th, 2024 at 05:17 am

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

Taking the path to work in Canada can often feel like a maze, especially when it comes to ensuring your Canadian employment offer fits the Immigration, Refugees, and Citizenship Canada (IRCC) criteria. Securing a credible employment offer is a vital step for many people seeking a Canadian work permit or permanent residency. However, understanding the IRCC’s standards and ensuring your employment offer will withstand their inspection is critical for a successful application.

We explain how IRCC checks your Canadian job offer, the crucial variables evaluated during the examination, and the necessary paperwork to send to IRCC.

What is an IRCC Check?

An IRCC check is a detailed background and security verification process carried out by Immigration, Refugees, and Citizenship Canada to determine the admissibility of individuals requesting entry into Canada. This assessment is critical in ensuring that applicants meet the health, security, and safety requirements set by Canadian immigration legislation. The Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS) play critical roles in these investigations, screening for criminal records and analyzing security risks, respectively.

If you intend to work in Canada, you should be aware that Canadian immigration officials carefully evaluate Canadian job offers for employer-specific work permits. Job offers could be exploited for fraudulent activities or scams, putting newcomers to Canada at risk. IRCC checks ensure that the offer is legitimate and that the company has a genuine need to hire a foreign worker. If they have any suspicions, they may deny the work visa application.

Important Factors Considered by IRCC

When applying for a work permit in Canada, you must understand how the IRCC examines your job offer. The IRCC evaluates job offers based on their legitimacy. This examination is crucial in determining whether your Canadian work permit will be granted. Here are the four major aspects to consider.

Employers’ Business Engagement

When evaluating a Canadian job offer, IRCC looks closely at whether the company is actively involved in lawful commercial activity. This involves determining whether the business is operational and offers goods or services. A physical place in Canada where the person can work is required. Officers consider the company’s inception date, kind, number of employees, gross income, and primary operations to ensure that it is strong and actively involved.

The Employer’s Ability to Fulfill Terms

IRCC evaluates whether the employer can practically meet the requirements of the job offer. This includes meeting the promised salary, hours, and working conditions under provincial or territorial requirements. The assessment also evaluates if the company can keep these terms throughout the period specified in the job offer.

Compliance with Employment Law

Ensuring that the employer complies with all applicable federal, provincial, and territory employment regulations is an important part of the appraisal process. This includes legislation governing pay, labor safety, and recruitment methods. The IRCC investigates any past or ongoing violations that may jeopardize the authenticity of the job offer. Compliance and license status are also checked if a recruiter is involved in the employment process.

Consistent with Employment Needs

The job offer must correspond to the legitimate demands of the employer’s business. This means that the post advertised should be expected in the industry and required for the employer’s operations. IRCC evaluates if the job tasks and responsibilities are logically compatible with the employer’s business model and industry standards, ensuring that the offer is not only possible but also necessary for the employer’s existing operations.

Documents Required for IRCC Checks:

Applying for a Canadian work visa requires obtaining important documentation from your employer to demonstrate a credible employment offer and your ability to work in Canada. Here’s a summary of the materials that IRCC will need to examine your application.

Job Offer Letter

When applying for a Canadian work permit, your company will give you a job offer letter. This document outlines the specifics of your position, such as your salary, job responsibilities, and working conditions such as hours. It is critical that this letter is precise and represents the terms of your employment. If your position requires a Labor Market Impact Assessment (LMIA), attach a copy of this job offer letter to your work visa application.

LMIA Number

For many employment offers, an LMIA is required. This assessment validates that the job requires a foreign worker and that no Canadian workers are available. Your company must send you the job offer and the LMIA number, which are required documentation for your work visa application. This number validates the legality of your job offer and is necessary when applying for, extending, or modifying your work visa.

Offer of Employment Number

If your employer is exempt from the LMIA requirement, they must make an offer of employment via the Employer Portal. This process provides an offer of employment number, a seven-digit number that begins with the letter “A,” which you will require when applying for a work visa. You will not receive an email or approval letter with this number; instead, your employer must provide it to you personally. The information contained in the employment offer should be verifiable to assure compliance during any potential examination.

Remember, each document is critical in the IRCC’s examination of your job offer, ensuring that all legal and procedural requirements are completed for your employment in Canada. To streamline the procedure, ensure that these documents are in order before applying for your work visa.

Impact of a Negative Assessment

An unfavorable appraisal can have serious implications. If the IRCC judges that the job offer is not real, or if the employer fails to provide the essential information to demonstrate the legitimacy of their activities, the Canadian work visa application will most likely be denied. If IRCC authorities have concerns about the employer’s ability to meet the proposed requirements, they might request additional documentation from them. Failure to satisfy these queries may also result in a denial.

Understanding these criteria and planning accordingly will greatly improve your chances of obtaining a work permit. Ensure that your potential employer is fully compliant and prepared to pass the IRCC’s rigorous examinations.

Issues with Job Offer Legitimacy

What You Should Know About IRCC Checks for Your Canadian Job Offer.

Immigration officers are accountable for reporting any questionable conduct while processing, issuing, or even after issuing a work visa. This involves finding discrepancies or patterns that call into question the employment offer’s legitimacy or the employer’s compliance.

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

• Past Employer Issues: The officer has concerns or evidence that the employer has failed to follow through on previous commitments relating to work permit offers. This could include failing to supply the given job, giving lower salaries or working conditions than promised, or violating any other terms of the initial agreement.
• Negative Employer Information: Public information, such as media articles, indicates that the employer may be implicated in labor breaches against their employees. This raises concerns regarding their compliance with work permit laws.
• Company Complaints: Complaints have been received saying that the company is not following the terms mentioned in the job offer, such as underpaying employees, pushing them to work excessive hours, or providing unfair working conditions.
• Misleading Employment Offer: There are concerns that the company gave inaccurate information in the employment offer letter. This could include proposing a non-existent post or changing information to facilitate the foreign worker’s permanent residency application.

It is important to note that reporting any difficulties to the CMB should not cause the work permit application to be delayed in its usual procedure.

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