In certain situations, Canadian employers who want to hire foreign nationals must first submit an offer of employment. However, many employers and foreign nationals find this process confusing. In this blog post, we will explain what an offer of employment is, how it differs from an employment contract, and why it is important in the Canadian immigration process.
Offer of Employment vs. Employment Contract
An offer of employment is a specific document that must be submitted to the immigration authorities using the employer portal. It outlines the conditions under which the foreign national will be hired and is a requirement for certain types of work permit applications that are not supported by a labour market impact assessment (LMIA). On the other hand, an employment contract is a legal agreement between an employer and an employee that outlines the terms and conditions of employment, including salary, job duties, and other employment-related matters. While an employment contract may be used as a reference in the offer of employment, they are not the same thing.
When is an Offer of Employment Required?
As an employer, you do not always have to submit an offer of employment. It is only necessary when you are supporting an application for a work permit that is not already supported by an LMIA. This typically applies to LMIA-exempt type work permit applications. If there is no LMIA involved, chances are you will have to submit an offer of employment. In order to do so, you must first have an employer portal set up, which is an online gateway that provides secure and confidential access for submitting the offer of employment to the immigration authorities.
Importance of Offer of Employment
The offer of employment is crucial in the Canadian immigration process as it provides the immigration authorities with important information to determine whether the application meets Canada’s immigration requirements. It also serves as a reference point for any future audits of the work permit. The offer of employment allows you, as the employer, to detail the terms and conditions under which the foreign national will be hired, including job duties, salary, physical location in Canada, employee benefits, and the National Occupational Classification (NOC) code that the employee fits under. This information helps the immigration authorities assess the application and determine if the foreign national is being hired for high-skilled duties that require a foreign national rather than a Canadian.
Role of Offer of Employment in Work Permit Application
Once the offer of employment is submitted through the employer portal, the government’s employer portal automatically generates an “A” number, which is an identification number that ties to the employee’s work permit application. This “A” number must be included along with the work permit application when it is submitted. In the event of an immigration audit in the future, the information provided in the offer of employment will be used to determine whether or not the employer has been conforming to the conditions on the work permit.
In conclusion, an offer of employment is a crucial part of any work permit application that does not require an LMIA in Canada. It is different from an employment contract and must be submitted through the employer portal to the immigration authorities. It outlines the terms and conditions of employment for the foreign national and helps the immigration authorities assess the application. It is also important in the event of an immigration audit in the future. As an employer hiring foreign nationals in Canada, it is essential to understand the importance and requirements of an offer of employment to ensure a smooth and compliant immigration process.