The Canadian government has updated the rules for verifying whether a job offer is genuine when applying for an employer-specific work permit. The change benefits workers, since if an immigration officer has doubts about the job offer, before rejecting the application, the officer must now give the applicant the opportunity to respond and clarify the situation.

In this article, I explain exactly what is changing and for which types of applicants. At the end of this section, you'll find links to legal services and immigration counseling, should you need them.

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What has changed in the job offer review process?

Previously, if an immigration officer suspected that a job offer was not genuine, he or she could reject the application without providing an explanation. 

Now, if a suspicion arises, the employee will first send a Notice of Procedural Fairness (PFL) to explain in detail what concerns them or raises questions. From that point on, the employer has 15 days (or the time specified in the letter) to gather and submit the requested documents. 

Once the explanations have been received, the officer will open a new review and grant an additional 30 days for all this information to be properly included in the case file before issuing a final decision. If the officer has doubts about the job offer, IRCC will send a PFL letter explaining its reasons.

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Who is this for?

Applies to individuals with work permits that have been revoked under the Temporary Foreign Worker Program (TFWP), which authorizes the hiring of foreign workers using an LMIA and to certain permits under the IMP program ( which are LMIA-exempt).

The LMIA stands for Labor Market Impact Assessment. This document demonstrates that no Canadian citizen or permanent resident is available to fill that position. 

The IMP is the International Mobility Program, which allows you to work in Canada without having to apply for an LMIA.

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The Importance of Change for Workers and Employers

This change prevents hasty decisions in cases where the official has doubts about the application. However, it does not guarantee approval of the work permit; it simply gives the worker and the employer the opportunity to respond before a final decision is made.

The goal is to better manage time and actions before a rejection is issued that could have been avoided.

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Recommendations

If you receive or suspect you might receive a Notice of Procedural Fairness (PFL) due to concerns about your job offer, please keep the following recommendations in mind:

• Be proactive and take action immediately, as immigration deadlines are strict and short (typically 15 days to respond). 
• Talk to your employer and be assertive in your approach. Company officials should provide corporate and accounting documentation that demonstrates the authenticity and viability of the offer.
• Gather solid, well-organized evidence. It is not enough to simply respond in writing; you must attach contracts, payment receipts, business records, or any other evidence that clarifies the official’s concerns point by point.
• Seek specialized legal advice. The response to a PFL letter should not be vague or limited; on the contrary, it requires technical legal analysis to structure the appropriate arguments and prevent an inadequate response from leading to the denial of your application.

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If you have received a Notice of Fair Procedure or wish to ensure the validity of your application, our team of Canadian immigration experts can advise you.

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Legal Services 

At Immiland Law Professional Corporation, we are here to help foreign workers address their legal needs so they can settle smoothly in Canada. 

That is why we offer the tool “Talking to My Employer,” which we use to facilitate assertive communication between employees and employers.

If you need advice, please contact us, and we will be happy to assess your situation to determine whether we can represent you.

We offer: 

• Analysis of Procedural Fairness Letters (PFL) to accurately identify what evidence the authority requires.
• Preparing the legal response, ensuring that all regulatory requirements are met within the established deadlines.
• Assistance with work permit applications to minimize the risk of objections from the authorities.

I hope this topic helps you in your work process.

See you in the next blog post, where we'll continue to help you build your Canadian dream with professionalism, dedication, and empathy!

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With love, 

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Immiland Law Professional Corporation