A work offer may provide a strong basis for a Canadian immigration application.
Receiving job offers and accumulating work experience in Canada are frequent requirements to be eligible for several economic immigration routes. Furthermore, obtaining a work visa through the assistance of a Canadian job offer might help people live and work in Canada prior to being granted permanent residence (PR) status.
Offers of work, however, can also be used as a cover for fraud and frauds; this deceit is especially likely to target newcomers.
A methodology to better comprehend document validity has been created by Immigration, Refugees, and Citizenship Canada (IRCC) in order to better assess whether an offer of employment is genuine. The IRCC determines whether: while analyzing a job offer in support of a work visa application
- The company that is making the job offer is “actively engaged” in the enterprise;
- The job offer aligns with the employer’s legitimate needs;
- The parameters of the employment offer are ones that the employer can fairly accept; and
- The employer or authorized recruiter making the job offer has demonstrated previous compliance with local, state, and federal employment laws in the province or territory where the candidate will be working.
The IRCC further states that the offer of employment must include the employer’s contact information.
Does the employer work directly for the company?
In this case, the IRCC considers the applicant’s ability to obtain stable employment as well as the legality of the company offering employment. In order to ascertain this, IRCC evaluates if the company:
- Possesses a running business;
- Gives a service or good; and
- has a physical place of employment in Canada where the candidate will be employed.
Subsequently, IRCC officers evaluate the employer’s “engagement” in the firm by examining the following:
- Date of business launch;
- kind of enterprise;
- quantity of workers;
- total revenue; and
- main undertaking.
Officers will carry out a more thorough investigation if
- Business data raises questions regarding active participation (e.g., the company’s one-year anniversary); and/or
- Information about the organization that is accessible to the public (by methods like an internet search) is scarce or nonexistent.
Does the job offer align with the requirements of the employer?
Officers of the IRCC must be persuaded that the job offer is reasonable given the employer’s line of business. The position for which a candidate is being considered for employment should be one that is fairly expected in the sector or industry of the company.
Additionally, employers (should the IRCC contact them) must be able to describe the position they are hiring for and how it meets a reasonable need for employment in terms of both operation (i.e., what the job will entail to meet the needs of the employer) and occupation (i.e., why this kind of professional is needed at this business).
Is it reasonable for the employer to carry out the conditions of the job offer?
Employers need to demonstrate that they are able to fairly carry out the conditions stated in their employment offer letter, such as the number of hours worked, the pay rate, and any perks offered. In addition, they must be able to offer the working conditions specified in the offer, which must also meet all applicable provincial and territorial requirements.
The reviewing officer may ask the employer for access to different legal and tax records if they need further information. Contracts for businesses, worker’s compensation clearance letters, employer T4 slips, and more may be examples of this.
Does the employer follow the rules on hiring and employment?
The IRCC is also required to evaluate whether the company conforms with local, provincial, and federal laws pertaining to hiring and recruiting practices.
At this point, any past or present infraction of federal and provincial laws in Canada will be taken into account.
If a recruiter was employed to hire a foreign person, the IRCC will also evaluate whether the hiring professionals’ licenses were current at the time the job offer was made.
An application may also be rejected for any employers who disobey the IRCC’s request for information.
Visit our dedicated webpage here to learn more about getting a work permit in Canada.