Hello,
My SOWP is about to expire and I have been divorced. But my employer wants to help me and stay in canada but they can’t do LMIA but ready to pay compliance fee but don’t know how to do it. I heard of the compliance fee idea recently but don’t know what is it.
Can somebody please help me or guide me how can my employer do the compliance receipt for me. If possible please share the pdf of the process that would be great.
Thankyou
Understanding the Compliance Fee:
The
compliance fee you're referring to is likely related to the
Employer Compliance Regime under Canada's
temporary foreign worker program. This is part of the process for employers who want to hire foreign workers without going through the more complex
LMIA process.
In some cases, employers who are hiring temporary foreign workers
do not need to apply for a full LMIA but must instead submit an
Employer Compliance Portal application, pay the compliance fee, and meet other requirements. This process is used for work permits based on
closed work permits,
open work permits, or
in cases where LMIA exemptions apply.
Key Points:
- Compliance Fee:
If your employer is hiring you without an LMIA, they can still pay a compliance fee to ensure they’re following the rules of the Employer Compliance Regime. This is a required payment of $230 (as of 2023) to ensure the employer is following the rules.
- Employer’s Role:
Your employer will have to create an account in the Employer Portal (part of the IRCC website) to submit a compliance review for you. After that, they pay the compliance fee. The employer must not submit an LMIA application, but instead, they will need to confirm that they are offering you a position and that they have paid the compliance fee.
- Why this applies to you:
If your current work permit is about to expire, and your employer wants to keep you on board but can’t apply for a full LMIA, they may be eligible to hire you through a compliance fee process. This works under certain LMIA-exempt categories, such as:
- Employer-specific work permit (which is often the case for people transitioning from a spousal open work permit to a specific employer)
- Intra-company transfer
- Certain international agreements, like NAFTA (if applicable)
- Process:
Your employer will submit an offer of employment through the Employer Portal, pay the $230 compliance fee, and then you'll be able to apply for a work permit based on that offer.
Steps for Your Employer to Pay the Compliance Fee:
- Employer Creates an Employer Portal Account:
- Your employer will need to register an account on the IRCC Employer Portal if they haven't already.
- Here is the link to the portal: IRCC Employer Portal
- Employer Submits Offer of Employment:
- Once the employer is logged into the portal, they will submit your job offer details. This includes information about your role, job duties, wage, and working conditions.
- Pay the Compliance Fee:
- After submitting the offer of employment, the employer will be prompted to pay the compliance fee (currently $230 CAD).
- Payment is made directly through the portal using a credit card or other online payment methods.
- Employer Receives Compliance Receipt:
- After paying the compliance fee, the employer will receive a compliance receipt or a unique Offer of Employment Number that they must provide you with.
- You Apply for a Work Permit:
- Once you have the Offer of Employment Number from your employer, you can use it to apply for a work permit either online or on paper, depending on your situation.
- During the work permit application, you’ll need to include the Offer of Employment Number and other required documents (e.g., proof of your relationship status if applicable, proof of identity, etc.).
What If the Employer Can’t Apply for LMIA?
You don’t need to worry if your employer can’t get an LMIA — many situations
don’t require a full LMIA, and instead, the employer can apply for the
compliance process (which you’ve mentioned). The key here is that
not all employers need an LMIA to hire a foreign worker, and if your employer is paying the compliance fee, they don’t need the LMIA.
Important Notes
- The compliance fee is for employers who already qualify for LMIA exemptions. It’s often used in situations where the employer wants to hire someone with an existing work permit (like you), but the usual LMIA process is not necessary.
- The compliance fee process is typically used for people who are already in Canada and are applying for a work permit based on an offer of employment from an eligible employer.
Next Steps for You:
- Confirm with Your Employer: Ensure your employer is eligible to use the Employer Compliance Portal and pay the compliance fee. They will need to register and follow the steps outlined above.
- Collect the Compliance Receipt: After your employer pays the fee, make sure they provide you with the Offer of Employment Number.
- Apply for Your Work Permit: Using the Offer of Employment Number, you can apply for a new work permit online or on paper.
- Monitor Your Status: If your SOWP expires before you receive your new work permit, be sure to apply for a restore status or temporary resident visa if applicable.
