New Forms and Fees for LMIA Exempt Work Permits

Citizenship & Immigration Canada (“CIC”) has instituted new fees for Employers hiring foreign workers who are exempt from the Labour Market Impact Assessment (“LMIA”) process. Starting February 21, 2015, Employers of these LMIA exempt foreign workers, including Intra-Company Transferees and NAFTA Professionals, will have to provide CIC with a “mini-application” and pay a new fee of $230.

The mini-application will include information about the Employer’s business or organization and the IMM5802 Offer of Employment form, a form similar to the current LMIA Application form. The “mini-application” will have to be submitted online to CIC prior to the foreign worker’s arrival at the port-of-entry (for visa exempt foreign workers) or prior to the foreign worker’s work permit application (for non-visa exempt foreign workers). The foreign worker will have to include proof of the submission to CIC with their work permit application.

In addition to the mini-application, the Employer will also have to pay a $230 “compliance fee.” This fee is intended to offset the cost of a new Employer compliance regime that will include random inspections of Employers. The new Employer compliance regime will include as sanctions: administrative monetary penalties, bans from hiring foreign workers, criminal investigation and prosecution for findings of non-compliance.

The new compliance fee does not apply to Employers hiring foreign workers who hold an open work permit.

The lawyers at Capelle Kane are attentively following the developments of this new CIC initiative designed to hold employers accountable for the terms of the employment offers made to foreign workers.