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New rule coming from 21 February 2015

Hamid khan

Champion Member
Apr 29, 2013
1,421
56
Notice – Changes to strengthen employer accountability under the International Mobility Program
February 9, 2015 —


Employer compliance system and fee
Starting February 21, 2015, employers hiring foreign nationals who are exempt from the Labour Market Impact Assessment (LMIA) process will be required to submit information about their business or organization, the Offer of Employment form, and pay a fee to Citizenship and Immigration Canada.
As of that date, a foreign national who is exempt from the LMIA process will not be able to get an employer-specific work permit if their employer has not submitted the required information and paid the fee before the work permit application is submitted.
The employer compliance fee has been set at $230 and must be paid online. The fees collected will offset the cost of introducing robust employer compliance activities featuring inspections of thousands of employers.
When an inspection finds that an employer is non-compliant, the employer could face an administrative monetary penalty, a ban from hiring foreign workers and, in serious cases, a criminal investigation and prosecution. The adoption of this system will mean that all employers, whether they are hiring LMIA-exempt foreign nationals or temporary foreign workers through the LMIA process that has determined that there are no Canadians available for the job, will face the same level of scrutiny in their hiring and treatment of foreign workers.
The employer compliance fee does not apply to employers hiring foreign nationals who have open work permits. Open work permits allow the holder to work for any Canadian employer.
 

Marlee

Hero Member
Jan 16, 2014
555
31
Montréal, Québec
Category........
Visa Office......
CSQ: BIQ New York; QSW: CPC Ottawa
NOC Code......
5131
Job Offer........
Pre-Assessed..
App. Filed.......
CSQ: 14-01-2014, QSW: 08-12-2014
Doc's Request.
13-11-2015
Nomination.....
DM: 07-01-2016, CSQ: 15-10-2014
AOR Received.
CSQ: 14-05-2014, QSW: 26-03-2015
IELTS Request
IELTS 8.5 - TEFÀQ C1/C1
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I am wondering if that applies to applications which have been submitted prior to that date as well...
 

Marlee

Hero Member
Jan 16, 2014
555
31
Montréal, Québec
Category........
Visa Office......
CSQ: BIQ New York; QSW: CPC Ottawa
NOC Code......
5131
Job Offer........
Pre-Assessed..
App. Filed.......
CSQ: 14-01-2014, QSW: 08-12-2014
Doc's Request.
13-11-2015
Nomination.....
DM: 07-01-2016, CSQ: 15-10-2014
AOR Received.
CSQ: 14-05-2014, QSW: 26-03-2015
IELTS Request
IELTS 8.5 - TEFÀQ C1/C1
Med's Done....
Upfront
Interview........
Waiver
Passport Req..
Visa-exempt
VISA ISSUED...
COPR received 14-01-2016
LANDED..........
17-01-2016
I just called CIC to get some information about this.

Sooooo....

1. This rule does not apply to those applications submitted prior to February 21, 2015. Hence, get that application on its way ASAP.
2. Concerning the extent of the information the employer has to submit concerning their business or organization - the call agents don't have any information about that yet. Any further details will be published on February 21, 2015.

I hope that clears it up a bit! :)
 

ragluf

Champion Member
Feb 15, 2012
2,506
173
Category........
Job Offer........
Pre-Assessed..
Marlee said:
2. Concerning the extent of the information the employer has to submit concerning their business or organization - the call agents don't have any information about that yet. Any further details will be published on February 21, 2015.
If the intent as in the notice is:
The adoption of this system will mean that all employers, whether they are hiring LMIA-exempt foreign nationals or temporary foreign workers through the LMIA process that has determined that there are no Canadians available for the job, will face the same level of scrutiny in their hiring and treatment of foreign workers.

Then the Employer Compliance will likely follow the ESDC Employer Compliance Guidelines (similar to those that need to be satisfied if applying for an LMIA)
http://www.esdc.gc.ca/eng/jobs/foreign_workers/employer_compliance.shtml

See: List of Documents to Support Demonstrating Compliance

.../atb
 

Marlee

Hero Member
Jan 16, 2014
555
31
Montréal, Québec
Category........
Visa Office......
CSQ: BIQ New York; QSW: CPC Ottawa
NOC Code......
5131
Job Offer........
Pre-Assessed..
App. Filed.......
CSQ: 14-01-2014, QSW: 08-12-2014
Doc's Request.
13-11-2015
Nomination.....
DM: 07-01-2016, CSQ: 15-10-2014
AOR Received.
CSQ: 14-05-2014, QSW: 26-03-2015
IELTS Request
IELTS 8.5 - TEFÀQ C1/C1
Med's Done....
Upfront
Interview........
Waiver
Passport Req..
Visa-exempt
VISA ISSUED...
COPR received 14-01-2016
LANDED..........
17-01-2016
If that is the truth, then I am wondering what this is meant to be for? I mean, why don't they eliminate the LMIA exemption right away if the requirements will be exactly the same?! Not that I want this to happen (basically for my own good) but it simply does not make any sense to me at all. ::)
 

kjg09

Star Member
Dec 8, 2014
75
15
Marlee said:
If that is the truth, then I am wondering what this is meant to be for? I mean, why don't they eliminate the LMIA exemption right away if the requirements will be exactly the same?! Not that I want this to happen (basically for my own good) but it simply does not make any sense to me at all. ::)
Actually the cic does not even follow its own guidelines since last year. My husband is under international mobility program so the employer did not file LMIA since it should be exempted. The CIC rejected our work permit last Oct after 2 months of waiting since thy said they required LMIA. The employer applied for LMIA and paid $1K. By 1st week of Dec, the LMIA was approved. Currently we are waiting for work permit, which is already at 2 months waiting.

Do my husband work permit application will be affected by this changes?
 

Marlee

Hero Member
Jan 16, 2014
555
31
Montréal, Québec
Category........
Visa Office......
CSQ: BIQ New York; QSW: CPC Ottawa
NOC Code......
5131
Job Offer........
Pre-Assessed..
App. Filed.......
CSQ: 14-01-2014, QSW: 08-12-2014
Doc's Request.
13-11-2015
Nomination.....
DM: 07-01-2016, CSQ: 15-10-2014
AOR Received.
CSQ: 14-05-2014, QSW: 26-03-2015
IELTS Request
IELTS 8.5 - TEFÀQ C1/C1
Med's Done....
Upfront
Interview........
Waiver
Passport Req..
Visa-exempt
VISA ISSUED...
COPR received 14-01-2016
LANDED..........
17-01-2016
No. IEC programs are exempt.
 

claudianrejaj

Full Member
Jan 9, 2015
22
2
hello

do you know if this affect also international mobility program people? the company I work for is extending my work period starting March and they say we are exempt from LMIA and the new requirement is just for them to provide more overview info about the company, not to get an LMIA. Can anyone confirm this for me, please? I just dont want to apply and being refused...I wonder what I would need to better apply for an open work permit instead. Do you know if I need to prove for acceptance for PR application?

Many thanks for any of your answer guys!!!!