Hiring a foreign national for a Canadian technology role does not always require a Labour Market Impact Assessment (LMIA). Some positions may qualify under the International Mobility Program (IMP). But “LMIA-exempt” does not usually mean “no employer process.” For many employer-specific work permit applications, the Canadian employer must first submit an offer of employment through Immigration, Refugees and Citizenship Canada’s Employer Portal.

This distinction matters to founders, HR teams, recruiters and foreign workers. A missing or inaccurate portal submission can delay or undermine an otherwise well-prepared work permit application.

First identify the type of work authorization

An employer-specific work permit normally lists the employer, occupation and sometimes the work location. The worker must follow the conditions printed on the permit.

An open work permit is different. It generally lets an eligible worker work for any employer, subject to the permit’s conditions and restrictions. When a company hires someone who already holds a valid open work permit, the company normally does not submit an Employer Portal offer or pay the employer compliance fee for that hire.

The Employer Portal is primarily relevant when the worker will apply for an employer-specific work permit that is exempt from an LMIA. The exemption must actually apply to the position and the worker’s circumstances. An employer should not select an exemption code merely because it appears convenient.

What the employer normally does before the worker applies

For most LMIA-exempt, employer-specific work permits, the employer should complete these steps before the foreign national submits the work permit application:

  1. Confirm the appropriate LMIA exemption category and code.
  2. Prepare an employment agreement that accurately states the role, duties, wage, benefits, hours and work location.
  3. Give the worker a signed copy of the employment agreement.
  4. Submit the offer of employment through the Employer Portal.
  5. Pay the employer compliance fee, currently $230, unless a specific exemption applies.
  6. Give the worker the portal-generated offer of employment number.

IRCC’s current guidance says the offer number begins with the letter “A” followed by seven digits. It is generally used for one work permit application. The worker includes that number in the application.

Some employers or situations are exempt from the portal submission or compliance fee. Those exceptions should be confirmed from the current IRCC instructions and supported with appropriate evidence rather than assumed.

Details that should match across the records

The portal offer, employment agreement and work permit application should tell a consistent story. Tech employers should review at least the following:

  • legal business name and operating name;
  • business number and contact information;
  • job title and National Occupational Classification information;
  • detailed duties for the actual position;
  • required experience and technical skills;
  • wage, benefits and working hours;
  • primary work location and any remote-work arrangement;
  • anticipated employment dates; and
  • the selected LMIA exemption category.

A generic job description copied from a template may not explain the real position. For example, “software developer” can describe very different work depending on the product, seniority, management responsibility and technical duties. The portal description should reflect the specific role without exaggeration.

Remote and hybrid arrangements also deserve careful attention. The work location entered by the employer should be considered alongside the employee’s actual arrangement, provincial employment standards, payroll setup and any expected relocation. Immigration documentation should not describe a Toronto-based role if the parties have agreed that the employee will work elsewhere.

Do not submit the worker’s application too early

The sequence matters. The employer generally submits the portal offer and completes the required payment before the worker applies for the employer-specific work permit. IRCC’s Employer Portal guide warns that a work permit may be refused if the required offer or fee was not submitted before the application.

After submission, employers should check the offer carefully before giving the number to the worker. A submitted offer that has already been matched to a work permit application cannot simply be edited. Depending on the stage, an incorrect offer may need to be withdrawn and replaced. That can require a new offer number and coordination with the worker’s application.

Employer obligations continue after approval

The portal is not just an application form. Employers participating in the IMP can be inspected. The employer should provide the job, wage and working conditions described in the offer and employment agreement, subject to permitted changes and applicable law.

IRCC advises employers to keep relevant records for six years from the first day of the authorized employment period. Companies should retain organized copies of the portal offer, agreement, payroll and time records, proof of benefits, work-location information and documents supporting the LMIA exemption.

Material changes should be reviewed before they are implemented. A promotion, reduction in pay, change of duties, transfer to another entity or significant work-location change may have immigration consequences, even if it makes sense operationally. The employee’s current permit conditions and the employer’s submitted offer should be checked first.

A practical handoff checklist

Before the worker submits the application, the employer and worker can confirm:

  • the worker is applying for the correct permit type;
  • the LMIA exemption is supported by the facts;
  • names, passport details and contact information are accurate;
  • the signed agreement matches the portal offer;
  • the duties, wage and location are consistent;
  • the employer has paid the fee or documented a valid exemption;
  • the worker has the correct offer number;
  • the offer has not already been used for another application; and
  • both sides have saved complete copies of the records.

For a growing technology company, a short immigration review before submission is usually easier than repairing conflicting documents after filing.

Titanium Law Professional Corporation can discuss Canadian work permit and employer-compliance issues based on the particular worker, role and business circumstances. Visit titaniumlaw.ca or call +1 778-683-8110.

Disclaimer: This article provides general information and is not legal advice. Immigration rules, fees and program instructions can change. Confirm the current requirements with IRCC before acting.

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