An employment offer is a substantial support to the immigration application. Here’s how IRCC checks if the employment offer is genuine.
Offerings of employment and gaining Canadian work experience are often prerequisites for eligibility to many economic immigration pathways. Moreover, having a Canadian offer of employment can help secure a work permit, which in turn enables individuals to live and work in Canada before obtaining permanent resident status.
However, offers of employment can also be vehicles for scams & frauds – with newcomers specifically vulnerable to this deception.
So, to better determine this IRCC checks if the employment offer is genuine or not. For this, the immigration department has developed a framework to better understand document validity. When evaluating an employment offer in support of a work permit application, IRCC assesses whether:
- The employer offering the job is ‘actively engaged’ with the business.
- The employment offer is consistent with the reasonable needs of the employer.
- The employment offer has terms that the employer can reasonably fill.
- The job offer is from an employer or authorized recruiter who has shown past compliance with the deferral & provincial regulations for employment in the province/ territory where the applicant will be employed.
IRCC also notes that an employer’s contact details must be present on the employment offer.
Is The Employer Actively Engaged In Business?
Under this condition, IRCC looks at whether the organization offering employment legally exists, & whether it can provide stable employment to the applicant. To determine this, IRCC assesses whether the organization:
- Has an operating business
- Provides a good/ service
- Has a physical work location in Canada where the applicant will work
After this, IRCC officers further assess the ‘engagement’ of the employer in the business by looking at the employer’s:
- Business start date
- Type of business
- Number of employees
- Gross income
- Principal activity
Officers will conduct a more in-depth review if:
- Business information raises concerns regarding active engagement
- There is little or no publicly available information about the organization
Is The Employment Offer Consistent With The Employer’s Needs?
There are numerous ways regarding how IRCC checks if the employment offer is genuine. Well, IRCC officers must be convinced within the employer’s business. The job an applicant is being hired for must be one that can be reasonably expected within the organization’s sector/ industry.
Moreover, employers should be able to explain the job that they are hiring for and how it covers reasonable employment in terms of both profession and operation.
Can The Employer Reasonably Fulfill The Terms Of The Employment Offer?
Employers must be able to show that they can reasonably fulfill the terms written within their employment offer letter—including hours of work, wages, benefits included, etc. They must also be able to provide working conditions that are indicated within the offer, which must additionally be up to territorial and provincial standards.
If the reviewing officer requires more information, they might request to access various legal and tax documentation directly from the employer. This includes T4 slips, a worker’s compensation clearance letter, business contracts, etc.
Does The Employer Comply With Laws Around Employment & Recruitment?
IRCC must assess whether the employer complies with employment and recruitment regulations both federally and within the province or territory where the organization operates.
Any previous/ present violation of Canadian federal & provincial laws will be considered at this stage.
IRCC will also assess whether recruitment professionals within the hiring process were licensed at the time that the offer of employment was issued.
Any employers who do not provide information to IRCC can have their application being refused.