+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

ricky88

Star Member
Jul 20, 2010
78
3
I am applying for a work permit through ainp certificate.I have currently post graduate open work permit.I am not sure that my employer needs to fill form 5802 and pay a fee of $230.
 
ricky88 said:
I am applying for a work permit through ainp certificate.I have currently post graduate open work permit.I am not sure that my employer needs to fill form 5802 and pay a fee of $230.

If you have a valid open permit why are you applying for another?
 
Yes, your employer has to fill in the form and pay the fee. I am going through the same process right now.
 
do they need to send it to CIC thru SUBMIT BUTTON because there is a submit button on 5802 or sign and attached to employee application? PLS HELP
 
help is appreciated, some people saying dont neet to submit to cic thru email or SUBMIT BUTTON just attached to employees work permit application. this confuse me. anyone pls help. thanks
 
rosan1021 said:
help is appreciated, some people saying dont neet to submit to cic thru email or SUBMIT BUTTON just attached to employees work permit application. this confuse me. anyone pls help. thanks

Refer to the OP for the steps: - http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/specific.asp

Direct submission of offer of employment from the employer
Employers must submit their offer of employment using the electronic system that CIC provides for submission and pay the fee electronically prior to the submission of a work permit application based on the offer. There will be three parts to this process for the employer.

1. Pay the employer compliance fee using the Pay Your Fees page.
2. Once they have received a receipt number, they must complete the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802 (PDF, 1.18 MB)].


On completion of the IMM 5802 form, the employer will submit the form electronically by choosing the “Submit” button and following the steps for choosing their preferred email application. This will populate the email with the correct information and attach the offer of employment for direct submission to CIC.

Note: This form replaces the job offer letter previously required to support LMIA-exempt work permit applications from foreign nationals.

1. The employer must then provide a copy of the completed IMM 5802 form to their foreign worker for inclusion with the work permit application.


That should explain the new process. After the third step (....The employer must then provide a copy of the completed IMM 5802 form to their foreign worker for inclusion...) - there is nothing indicated in the OP that the applicant needs to wait for in order to submit the WP application.

Further more - again in the OP:

The requirement for the employer to submit their documents and pay the fee in advance is not one of the R10 requirements and therefore if these two requirements are missing, the application is refused and not returned.

So what should be additionally included (as per new regulations) in your WP application (among other supporting documentation) will be
- a copy of the completed/signed/submitted IMM 5802E
- and a copy of the receipt of payment of the employer compliance fee ($230).

Now, IMHO, so as to provide proof that the IMM 5802E has been electronically submitted - ask your employer if a receipt/acknowledgement email was sent back after submission. Get a copy of that acknowledgement email (if there is one), and include that in your WP application.

.../atb
 
  • Like
Reactions: appleleave
thanks for the response. anyone did the same? i know someone who just printed 5802 and ask employer to sign and got approved. my employer has many stuffs to do that he wont give time for this he just want to SIGN thats it :(
 
So, if the employer has a positive LMIA , they wouldnt need to pay this right
 
prashanthbv said:
So, if the employer has a positive LMIA , they wouldnt need to pay this right
Yes. ECF applies only to lmia-exempt WP applications - more here:
http://www.cic.gc.ca/english/department/media/notices/2015-02-09.asp

../atb
 
I am applying for a work permit through ainp certificate.I have currently post graduate open work permit.I am not sure that my employer needs to fill form 5802 and pay a fee of $230.

I am under same situation right now I know it was long time ago for you, but do you remember that your employer had to pay compliance fee for you to apply for closed work permit and did you get approval with compliance fee paid or without being paid? I really apricate someone to answer who countered same situation recently or in past?
Thank you