Post-Graduation Work Permit and Temporary Resident Visas Updates

/in /by

Tips to Avoid PGWP Refusals Due to Non-Inclusion of Language Results, Officer’s Ability to Cancel Temporary Resident Documents

Avoiding Post-Graduation Work Permit Refusal from Non-Inclusion of Language Test Results

Attention post-graduation work permit (“PGWP”) applicants. As you may know, the government has implemented the requirement for graduates of bachelor’s, master’s, or doctoral degree programs to achieve at least CLB 7 in English or NCLC 7 in French on an authorized language test in all four abilities (speaking, listening, reading, writing) while for college, polytechnic, or non-university program graduates, the requirement is CLB 5 or NCLC 5.

PGWP applications have been refused where the language test results were not included. The application portal can be confusing and it does not make language test results a mandatory document, even though this is mandatory, nor is there an option to select language test results in the optional documents. To avoid refusals due to the non-inclusion of language test results, please be sure to include your language test results by selecting an optional document field such as “Client information” and uploading the results there.

Individual Cancellation of Temporary Resident Visas, Electronic Travel Authorizations, Work Permits, and Study Permits by Officers

Earlier this year on January 31, 2025, provisions were added to the Immigration and Refugee Protection Regulations (“IRPR”) allowing immigration officers to cancel temporary resident visas (“TRVs”), electronic travel authorizations (“eTAs”), work permits, and study permits on a case-by-case basis for certain reasons. These provisions are summarized here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/cancellation-visa.html.

TRVs can be cancelled due to inadmissibility, such as criminality; the officer believing that the foreign national will not leave Canada by the end of period authorized for their stay; no longer being eligible for the TRV in another way such as by not having valid medical results where required; having a temporary resident permit (“TRP”) issued after the TRV; being refused a work permit, study permit, or other TRV after the initial TRV was issued; the Minister making a declaration that the foreign national may not become a temporary resident due to public policy considerations; administrative error; the foreign national becoming a permanent resident; the passport being lost, stolen, destroyed, or abandoned; or the death of the foreign national.

eTAs can be cancelled due to inadmissibility, the officer believing that the foreign national will not leave Canada by the end of the period authorized for their stay; being refused a work permit, study permit, or other eTA after the initial eTA was issued; administrative error; the foreign national becoming a permanent resident; the passport being lost, stolen, destroyed, or abandoned; or the death of the foreign national.

Both study permits and work permits can be cancelled due to administrative error, the foreign national becoming a permanent resident, or the death of the foreign national.

Navigating Canadian immigration processes and the application portals can be confusing. If you, an employee, or your employer have any questions about post-graduation work permits or need advice about some aspect of immigration, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca; traister@cilf.ca.

Major Immigration Updates – Federal Government’s Immigration Levels Plan

/in /by

As part of their budget, the federal government has announced the Immigration Levels Plan for 2026 to 2028. Major takeaways are that the number of temporary residents (workers and students) is to be further reduced, while the number of permanent residents is to remain at a reduced level from its height during the pandemic in 2021-2023. Since 2024, the government has reduced the numbers of temporary and permanent residents from the peak during the pandemic and this policy is to continue. It is important to note that the government has already implemented measures to greatly reduce international student numbers and also reduce the number of foreign workers in some categories, so while there will be a further reduction in numbers, this is not a marked departure from the government’s current policy. The government expects that many who came during the pandemic and no longer have valid immigration status in Canada will leave Canada voluntarily. However, it is also entirely possible that many people who no longer have immigration status will remain in Canada, possibly leading to an increase in under documented workers, which will create a host of new issues and further diminish tolerance for immigrants and Canada’s immigration programs.

The government is aiming to reduce the number of temporary residents to less than 5% of Canada’s population by the end of 2027. Immigration, Refugees and Citizenship Canada (“IRCC”) has already implemented measures to drastically reduce the number of international students such as the capping of allocations to post-secondary institutions by province and territory, the implementation of Provincial Attestation Letters, as well as proof of paying tuition and housing fees and having sufficient funds and financial support to meet the financial requirement (currently $22,895 per person). IRCC has also implemented measures to reduce the number of foreign workers particularly under the Temporary Foreign Worker Program which deals with Labour Market Impact Assessments (“LMIAs”). These measures include the refusal to process low-wage LMIA applications in areas with over 6% unemployment and, in terms of the wage threshold differentiating low-wage from high-wage LMIAs, increasing this wage threshold by adding an additional 20% to the median wage in each province or territory. New eligibility criteria for spouses of foreign students and foreign workers in high-skilled and low-skilled occupations outside of the free trade agreement categories were implemented in January 2025, which also contributed to lowering the overall number of temporary residents in Canada this past year. These policies are likely to continue in order to meet the government’s target of temporary residents making up less than 5% of Canada’s population by the end of 2027. The projections of numbers of temporary residents over the next three years are as follows: 2026 – approximately 230,000 workers and 155,000 students; 2027 – approximately 220,000 workers and 150,000 students; 2028 – approximately 220,000 workers and 150,000 students.

The overall number of new permanent residents is targeted at approximately 380,000 per year from 2026 to 2028. IRCC will place its focus on economic immigrants, with a reduction in immigration from family reunification as well as refugee and humanitarian immigration. The government will also continue it’s policy of favouring French-speaking permanent residence applicants living outside of Québec in an effort to increase the prevalence of the French language throughout Canada, with a target of 9% of PRs in 2026, 9.5% of PRs in 2027, and 10.5% of PRs in 2028. Overall, the percentage of economic immigrants is to be increased from 59% to 64% by 2028. The projections of numbers of PRs for the next three years are: 2026 – approximately 239,800 economic immigrants, 84,000 family class immigrants, and 56,200 refugee, humanitarian, and other immigrants; 2027 – approximately 244,700 economic immigrants, 81,000 family class immigrants, and 54,300 refugee, humanitarian, and other immigrants; 2028 – approximately 244,700 economic immigrants, 81,000 family class immigrants, and 54,300 refugee, humanitarian, and other immigrants.

Based on the government’s PR numbers and its focus on economic immigration, we don’t expect there to be any major initiatives regarding family reunification such as increases in parent-grandparent sponsorship or initiatives related to increased refugee intakes. The government has said that it will give priority for temporary residents already living in Canada to transition to permanent residence. Specifically, the government will accelerate the transition of up to 33,000 work permit holders to permanent residence in 2026 and 2027. Details have not been provided, other than that these individuals will have had to have paid taxes in Canada and have strong roots in their communities. It is reasonable to predict that this will have a positive impact for the balance of those persons in the express entry pool, especially for individuals that have been negatively impacted by the removal of the arranged employment factor, as the number of temporary residents is reduced, the points cut-off for Canadian Experience Class draws will likely fall too.

Further, the federal government has announced in its 2025 budget released the same day as the immigration levels plan, that the federal public service is to be reduced by 28,000 positions, through attrition and early retirement packages, from 357,965 in 2025, to approximately 330,000 employees by 2028-2029. How this will affect the operational capacity of IRCC remains to be seen, but fewer employees at IRCC would appear to be in line with reduced numbers of temporary residents and permanent residents applications. Given some immigration business lines have long processing times already, these cuts will not likely improve processing times.

In addition, the government has also proposed a number of investments and pathways to improve integration and attract international talent. These include a one-time initiative to transition eligible Protected Persons in Canada as permanent residents over the course of the next two years. Further, as part of the International Talent Action Strategy and Action Plan, the government has proposed one-time initiative and funding of up to $1.7 billion to recruit over a thousand exceptionally qualified international researchers to Canada. To address labour shortages and attract top talent in healthcare, research, advanced industries, and other key sectors, the government will also launch an accelerated pathway for H1-B visa holders.

In addition, to streamline employer compliance and to improve consistent oversight for all employer-based work permits, employer-focused compliance inspections under the International Mobility Program (IMP) will be transferred to Employment and Social Development Canada (ESDC). Currently all IMP inspections are conducted by IRCC.

As a result of the reduction in overall temporary resident numbers, securing timely work permits for foreign workers will become even more challenging for Canadian employers. This will be further compounded by the reduction in IRCC employees and existing backlogs. Employers should therefore plan ahead. Employers should also consider lending support to their existing foreign worker pool to transition them to permanent residence, especially in light of the government’s announcement to transition 33,000 work permit holders to permanent residents by 2026 and 2027. Finally, the government has also signalled that employers and foreign workers within industries and sectors impacted by tariffs and operating in rural and remote communities could see some flexibility within these level plans.

Navigating Canadian immigration processes can be confusing and there is a lot to unpack with the government’s new immigration levels plan. If you, an employee, or your employer have any questions about temporary residence or permanent residence options or need advice about some aspect of immigration, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca; traister@cilf.ca.

Employers – Compliance Inspections Process and Broad Powers of Inspectors

/in /by

Canada’s immigration legislation allows the government to inspect workplaces and require the provision of documentation to ensure that a foreign worker is provided with the pay and conditions that the employer said would be provided. This is applicable to both the Temporary Foreign Worker Program (“TFWP”), which requires a Labour Market Impact Assessment (“LMIA”), and the International Mobility Program (“IMP”), which is LMIA-exempt. Employment and Social Development Canada (“ESDC”) conducts inspections under the TFWP and Immigration, Refugees and Citizenship Canada (“IRCC”) conducts inspections under the IMP.

Employers of foreign workers under the TFWP and IMP are required to provide pay and conditions of work that are substantially the same but not less favourable than those stated in the application. These responsibilities are outlined in our post about employer compliance here: https://www.cilf.ca/2025/05/08/amps/.

Inspections can occur at any time during the six (6) years following the first day of the foreign worker’s employment period pursuant to a work permit.

Inspections can be triggered in three (3) ways:

  • Random selection – approximately one (1) in four (4) employers will be randomly selected for inspection.
  • If there is a reason to suspect non-compliance such as a complaint from an individual or a report in the media.
  • If an employer has been non-compliant in the past.

For information about the documents an employer should keep for six (6) years in anticipation of an inspection, please see our post here: https://www.cilf.ca/2025/07/17/complianceinspections/.

Inspectors have very broad powers under the immigration legislation. For example, they are permitted to enter an employer’s property without a warrant to assess compliance.

Typically, an inspection is commenced by sending a notification to the employer that the company has been selected for inspection. The notification will list the documents that must be provided and may require specific actions that must be taken by the employer. The legislative authority providing the inspector with their powers and outlining the responsibilities of the employer will also be cited. A deadline to respond and provide the documents will be provided, which is usually two (2) weeks.

Inspections may only require the submission of documents, or they could involve on-site inspections. On-site inspections may result in consensual interviews with employees and the foreign worker(s). The Immigration and Refugee Protection Regulations (“IRPR”) provide inspectors the authority to perform audits without a warrant of locations where foreign workers are employed or provided housing accommodation. When the employment site is a dwelling-house, a warrant or employer consent is required. It is important to note that an employer may be non-compliant simply by not cooperating with inspectors, and/or not providing requested documentation.

According to section 209.8(2) of IRPR, on entry an officer may ask the employer and any person employed by the employer any relevant questions.  However, we have routinely seen inspectors exercise this power to ask questions of employees, without a site visit and entry to premises. Inspectors also routinely will not disclose the questions  they intend to ask or allow the employer or counsel to be present, to determine if the questions asked are in fact relevant. In these circumstances employers should consult an immigration lawyer to understand their obligations and risks.

After an inspection, the employer will be found to be either compliant or non-compliant. If an employer is determined to be non-compliant and in violation of the IRPR, the employer will receive a Notice of Preliminary Finding (“NPF”). The NPF must outline the violation and its surrounding circumstances, the applicable enforcement measure, and notify the employer that they have 30 days within which to provide written submissions.

The government states that the purpose of the employer compliance regime is to encourage compliance and not to punish employers. According to the IRPR, non-compliance may be justified when it is a result of a change in either federal or provincial laws, or to a collective agreement (e.g. changes in salary or minimum wage). When economic conditions impact all employees equally, non-compliance can also be justified. Good faith misinterpretation by the employer regarding their obligations to their foreign workers may be justified when the employer did, or made efforts to, provide compensation to all of the foreign workers disadvantaged by the error. Unintentional administrative errors and accounting mistakes may justify non-compliance when the employer subsequently rectifies the inaccuracy. When non-compliance is the result of force majeure (e.g. destruction of workplace through natural or unintended disaster), it may be justified.

When no justification relieves an employer’s non-compliance, a Notice of Final Determination (“NFD”) will be sent. The NFD will outline the violation and its surrounding circumstances. These circumstances may have changed from the NPF. The NFD will also outline the relevant enforcement measure, and, in the case of an administrative monetary penalty (“AMP”), how it is to be paid.

Further information about violations and AMPs can be viewed in our previous post here: https://www.cilf.ca/2025/05/08/amps/

If you have any questions about employer compliance with the IMP, TFWP, or inspections, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Updates to the Proof of Funds Amount, Proposal for Language Testing Requirements for Certain LMIA-Exempt Work Permits, Parent-Grandparent Sponsorship, and NEXUS Renewals

/in /by

Proof of Funds

In July, the proof of funds amounts for those applying for permanent residence under the Federal Skilled Worker Program and Federal Skilled Trades Program were updated. These amounts are based on 50% of the low income cut-off and are the minimum amounts of liquid, readily available, and unencumbered funds that one must show based on their family size. The updated amounts can be viewed here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html#how-much.

Language Testing Requirements Proposal for Certain LMIA-Exempt Work Permits

An amendment is being proposed to the Immigration and Refugee Protection Regulations which would allow the government to impose required language thresholds for certain LMIA-exempt work permit categories under the International Mobility Program. Applicants’ language ability would be assessed by way of a language test. This requirement would make it more difficult for some applicants to apply for work permits under the selected work permit categories. The government’s rationale for this change is that it supports greater worker retention and increases the ability of workers to transition from temporary to permanent residence. The amendment has not been implemented yet, and the government is currently in consultations regarding this.

Parent-Grandparent Sponsorship Invitations to Apply for Interests to Sponsor Submitted in 2020

From July 28, 2025, for approximately two weeks, IRCC will be sending out invitations to apply for parent and grandparent sponsorships to those who submitted interests to sponsor back in 2020. In 2020, there was a great number of people who submitted interests to sponsor which resulted in a very large number of people sitting in the pool. There has not been a new intake of interests to sponsor since then, and the government is still working off of the intake from 2020. As such, many people who did not submit an interest to sponsor in 2020 but currently wish to sponsor their parents or grandparents for permanent residence in Canada will not be able to.

The government continues to tout its super visa program which allows for multiple-entry visas valid for up to 10 years. Super visa holders can stay in Canada for up to 5 years at a time, with the option to extend their visit by up to 2 years at a time without having to leave Canada. Crucially, the super visa program requires that applicants obtain private health insurance from an authorized insurance provider. More information about super visa eligibility can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/eligibility.html#eligibility.

New Requirements for Canadians Applying for or Renewing Nexus Cards

As a result of President Trump’s executive order stating that the American government will only recognize the male and female sexes, US passports and other identity documents such as Nexus cards are no longer issued with an X gender marker. Consequently, Canadians will now have to choose a male or female gender designation for Nexus or chose to be excluded from the Nexus program which facilitates travel between Canada and the US for card holders. This is inconsistent with Canadian policies on gender identity.  This issue will likely end up in court.

If you have any questions about these updates or need advice on immigration matters, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – Compliance Inspections – Random and Triggered – Documents to Retain

/in /by

When an employer-specific work permit application is approved, employers are required to provide foreign workers with pay and conditions of work that are substantially the same but not less favourable than those stated in the application. You can view these responsibilities in our post about employer compliance here: https://www.cilf.ca/2025/05/08/amps/.

Under both the Temporary Foreign Worker Program (“TFWP”), which requires a Labour Market Impact Assessment (“LMIA”), and the International Mobility Program (“IMP”), which is LMIA-exempt, the government can inspect workplaces and require the provision of documentation to ensure that a foreign worker is provided with the pay and conditions that the employer said would be provided. Employment and Social Development Canada (“ESDC”) conducts inspections under the TFWP and Immigration, Refugees and Citizenship Canada (“IRCC”) conducts inspections under the IMP.

Inspections can occur at any time during the six (6) years following the first day of the foreign worker’s employment period pursuant to a work permit.

Inspections can be triggered in three (3) ways:

  • Random selection – approximately one (1) in four (4) employers will be randomly selected for inspection.
  • If there is a reason to suspect non-compliance such as a complaint from an individual or a report in the media.
  • If an employer has been non-compliant in the past.

During the six (6) year period starting once a foreign worker begins work on the work permit, the employer must keep all documentation relating to the foreign worker’s employment. Employers must be prepared for an inspection and should have these documents ready. Examples of documents which are often requested include:

  • Signed copy of the employment agreement that was signed and dated by the employer and the foreign worker before the work permit application was submitted. For the IMP, this should be before the offer of employment was filed on the employer’s IRCC’s employer portal account.
  • Job description.
  • Pay slips including the total number of hours worked, hourly wage, and all deductions such as Canada Pension Plan, Employment Insurance, and Income Tax. Any non-standard deductions should be explained. If the foreign worker is being paid from outside Canada, a letter or contract confirming this arrangement should be provided.
  • If applicable, timesheets that correspond to the pay slips.
  • Proof that any benefits noted in the application were provided.
  • Proof that the foreign worker was provided with information about their rights as a worker on or before the first day of employment.
  • Information about foreign worker rights must also be readily available in an accessible location at the workplace of the foreign worker throughout their period of employment. This could include making the information available on the company website, in an accessible place within the company’s internal system or available in a common area such as a break room or copy room. Records such as screenshots or photos should be saved by the employer.
  • Anti-abuse policies / Anti-harassment policies / codes of employee conduct / guidelines provided to staff / Protection or support protocols to staff / Recent training (within the last two years) provided to employees and supervisors to identify and recognize abuse, and to address it / Steps taken to resolve complaints of abuse, etc. which could include: complaints policies & protocols, dispute resolution mechanisms, an employee representative or contact person, employee counselling, anonymous hotlines, etc
  • Proof that if a recruiter was used, the foreign worker was not directly or indirectly charged any fees related to recruitment. Proof can include a contract with the recruiter which states this requirement, proof that the recruiter is registered with a provincial or territorial registry, by clearly communicating this requirement to the foreign worker, and/or receiving the foreign worker’s confirmation that they were not charged any recruitment fees directly or indirectly.
  • Provincial/territorial employer and recruiter registration certificate/license.
  • Proof that reasonable efforts have been made to provide foreign workers with access to healthcare services if they are injured or become ill at the workplace.
  • Evidence of the employer providing a good or service such as: the business license or permit, CRA number, T2 Schedule 125 Income Statement Information and T2 Schedule 100 Balance Sheet Information, commercial lease agreement, etc.
  • A contract or letter from a legal business confirming the existence of a contract for a good and/or a service being provided.
  • Letter showing registration with provincial/territorial workplace safety/workers’ compensation clearance to ensure that the employer has registered for workplace safety insurance and is in good standing.
  • If applicable, copy of a Collective Bargaining Agreement.
  • If applicable, copy of a Work-Sharing Agreement.
  • If the foreign worker is no longer employed by the company, copy of a Record of Employment.
  • Copy of the foreign worker’s work permit.

In our next post in the employer compliance series, we will go through the process of inspections and the broad powers of inspectors. Stay tuned.

If you have any questions about employer compliance with the IMP, TFWP, or inspections, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

2025 Immigration Mid-Year Updates

/in /by

We have already reached the middle of 2025 and there are some important updates across the board to be mindful of.

Express Entry Priorities

The federal government’s current priorities with respect to economic immigration in the Express Entry system are healthcare and social services, education, provincial nominees, and for the Canadian Experience Class, those with high scores. For the Canadian Experience Class, the last draw had a cut-off score of 521, which is quite high given that job offer points are currently not being counted. There has been no French language draw since March 21st. The rounds of invitation for Express Entry can be viewed here: Ministerial instructions respecting invitations to apply for permanent residence under the Express Entry system – Canada.ca

Update to Wage Thresholds for Low-Wage and High-Wage LMIAs

On June 27th, the wage thresholds in each province and territory distinguishing between low-wage and high-wage LMIAs was updated. The wage thresholds can be viewed here: Hire a temporary foreign worker in a high-wage or low-wage position – Canada.ca

Ontario Immigrant Nominee Program New Portal

The Ontario Immigrant Nominee Program (“OINP”) is moving to a new Employer Portal for the OINP Employer Job Offer streams. This new portal will be an employer-led process where employers will need to initiate the application by registering and providing employment position information, which in turn will enable applicants to register an Expression of Interest (“EOI”).

All existing EOIs were withdrawn on June 21st and June 22nd. From June 27th to June 29th, the OINP system will be unavailable for all OINP Streams as the new Employer Portal is set up. On July 2nd, the Employer Portal will open for registration and previous EOIs will need to be submitted again.

OINP Draws in June

The OINP conducted draws in early June. These draws were limited as the OINP’s allocation from the federal government has dropped significantly as the government’s priority in decreasing the number of new permanent residents continues. The draws targeted the healthcare occupations and less populated areas of Ontario outside of Southern Ontario. For the In-Demand Skills stream, draws targeted health occupations, those in Northern Ontario, and those in Greater Sudbury. For the International Student stream, draws targeted health occupations, Eastern Ontario, Northern Ontario, Greater Sudbury, and the Regional Economic Development through Immigration Pilot (Lanark County, Leeds and Grenville, Sarnia-Lambton, Thunder Bay). For the Employer Job Offer: Foreign Worker stream, draws targeted Greater Sudbury, Northern Ontario, and the Regional Economic Development through Immigration Pilot (Lanark County, Leeds and Grenville, Sarnia-Lambton, Thunder Bay).

Study Field Requirement for Post-Graduation Work Permits

As part of a policy to limit the number of temporary residents in Canada, the government has restricted students in non-degree programs, which are programs other than bachelor’s, master’s, or doctoral degrees, in applying for post-graduation work permits (“PGWPs”). Those who applied for study permits to study in a non-degree program on or after November 1, 2024, can only qualify for post-graduation work permits if they studied in a certain field.

In an effort to align with Express Entry priorities, 119 new fields of study in sectors like health care and social services, education, and trades were added while 178 fields of study no longer linked to occupations in long-term labour shortages were removed. As a result of these changes, there are currently 920 fields of study that are eligible for a PGWP.  Study programs are assigned a Classification of Instructional Programs (“CIP”) code. Eligible CIP codes can be checked here: Work in Canada after you graduate: Field of study requirement – Canada.ca.

Economic Mobility Pathways Pilot Extension

The Economic Mobility Pathways Pilot in support of refugees and displaced persons with in-demand labour market skills becoming permanent residents has been extended until December 31, 2025. The intake cap is 950 for the job offer stream and 150 for the no job offer stream. The eligibility criteria can be viewed here: Immigrate through the Economic Mobility Pathways Pilot: Who can apply – Canada.ca.

Public Policy Allowing Temporary Residents to Work in New Job or for New Employer After Submitting a Work Permit Application

The policy which was first introduced during the COVID-19 pandemic allowing workers or those authorized to work without a work permit to begin a new job or start working for a new employer after submitting their work permit application and while the application is being processed is still in effect. In order to do so, applicants must submit an IRCC webform and include the code PPCHANGEWORK2020 in the webform message. Detailed instructions can be found here: Extend or change the conditions on your work permit: Changing jobs or employers – Canada.ca

Tightening of Immigration Requirements in Québec

Québec has suspended the Temporary Foreign Worker (travailleurs étrangers temporaires) Stream for temporary foreign workers and Québec Graduates (diplômés du Québec) Stream for permanent resident applicants to November 30, 2025.

This is further to the French language requirements for these streams as follows:

  • Temporary foreign workers: oral comprehension of level 7
  • Québec Graduates: oral comprehension of level 7, written comprehension of level 5
  • Partner or spouse: oral comprehension of level 4

Information about the criteria and the acceptable tests for proof of French language comprehension can be found here: Connaissance du français dans le cadre du Programme de l’expérience québécoise | Gouvernement du Québec.

The Canadian immigration field is constantly changing with new public policies and government priorities. If you have questions regarding immigration, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – The Strategy of Voluntary Disclosures

/in /by

Under the Canadian immigration legislation and regulations, employers are required to provide foreign workers with pay and conditions of work that are substantially the same but not less favourable than those stated in the work permit application. You can view these responsibilities in our post about employer compliance: https://www.cilf.ca/2025/05/08/amps/.

Voluntary disclosures are a way for employers to address potential non-compliance before an inspection takes place. If non-compliance is found by Immigration, Refugees and Citizenship Canada (“IRCC”) or Employment and Social Development Canada (“ESDC”) in the context of a voluntary disclosure, penalties may be reduced by up to 4 points (violations are assigned types and points based on the severity of the violation). This may reduce the amount of an Administrative Monetary Penalty (“AMP”) against the employer if an AMP is issued. To be acceptable, a voluntary disclosure must be complete and at the time it is made, the employer must not be under an inspection and no enforcement action related to employer compliance must be taking place. Whether a voluntary disclosure is acceptable or not is also dependent on the severity of the impact of the violation on the foreign national, the severity of the impact of the violation on the Canadian economy or labour market, whether the disclosure was made in a timely manner, the number of times an acceptable voluntary disclosure has been made by the employer, and the nature of the condition with which the employer failed to comply.

Voluntary Disclosure Scenarios

Employers should be strategic regarding voluntary disclosures. Not everything needs to be disclosed to IRCC, and a voluntary disclosure can potentially trigger a wider compliance inspection. The stakes are even higher now that officers have the authority to cancel temporary resident visas and electronic travel authorizations (“eTAs”) if a work permit is refused, or a work permit if an administrative error is found. It is recommended that employers seek the advice of immigration counsel before they make changes to a foreign worker’s pay or conditions of work.

As discussed above, a voluntary disclosure may reduce a penalty when non-compliance is found. However, not all voluntary disclosures need to be made in situations of non-compliance. As a worker’s career progresses or there are changes in the employer’s business, increases in pay or promotions are commonplace. When the change in conditions is beneficial or neutral and not detrimental to the foreign worker, IRCC will usually not issue a finding of non-compliance. It is a good idea to file a voluntary disclosure in these situations so that the change is on file in case an inspection occurs later and IRCC questions why the conditions or pay do not match those provided in the initial application.

Such a situation could involve an increase in salary as this is beneficial to the worker.

When there is a change in job title, but the job duties still fall under the same National Occupational Classification (“NOC”) code that was provided in the initial application, this is also usually deemed to not be a violation.

When there is a minor progression in job duties such as an increase in people or areas of responsibility overseen by the worker, but the duties still fall under the same NOC code initially provided, this is typically fine. In this situation, it is also best to proactively provide a voluntary disclosure.  A voluntary disclosure is such circumstances is especially beneficial in relation to an application for permanent residence as it ensures that all information and dates of employment and positions held align and that IRCC has a record of the information.

Another situation where the employer should consider a voluntary disclosure is when there is clarification over the location of work. For example, if one’s workplace moved from one city to another.

When a foreign worker no longer works for an employer, it is also a good idea to file a voluntary disclosure so that IRCC knows about the change. The work permit of the foreign worker is not cancelled, and the employer is not obligated to notify IRCC, but it is still a good idea to submit the voluntary disclosure in case of a future random inspection or an inspection as a result of a disgruntled employee who makes a complaint to IRCC. This will ensure the inspection covers the relevant period of employment.

Sometimes, an employer may need to reduce a worker’s pay or hours due to financial difficulty with the business. For example, during a global pandemic or reduced business from changing geopolitical situations or tariffs, an employer may need to reduce a worker’s hours or pay. When employers make changes that are detrimental to the foreign worker, this is usually non-compliant behaviour. However, if the change affects all workers and not just the foreign worker, such as reduced hours for everyone in a particular position, this may be found to be justified. These situations are complex and it is best for employers to engage immigration counsel to understand the consequences.

If you have any questions about employer compliance and voluntary disclosures, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – An Introduction to Employer Compliance, Warnings, Bans, and Administrative Monetary Penalties – What They Are, How They Work

/in /by

Under the foreign worker programs in Canada, the Temporary Foreign Worker Program (“TFWP”) in which Labour Market Impact Assessments (“LMIAs”) are required, and the International Mobility Program (“IMP”) where employers are required to submit an offer of employment, employers have certain responsibilities and must comply with the conditions provided to Immigration Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC).

These include:

  • employing the foreign worker under substantially the same wages and working conditions but not less favourable than those listed in the initial application;
  • employing the foreign worker to work in the same occupation as listed in the initial application;
  • having anti-abuse, anti-harassment, code of conduct policies, complaints policies, dispute resolution policies, etc.;
  • providing foreign workers with the most recent information with respect to their rights in Canada in the language of their choice on or before their first day of work in Canada and having the foreign workers’ rights freely viewable in a common area or on the company website in both English and French;
  • keeping a workplace free of financial, physical, sexual, or psychological abuse;
  • continuing to be engaged in the business for which the foreign worker was hired;
  • ensuring compliance with federal, provincial and territorial laws related to recruitment and employment in the province or territory in which the foreign worker is being hired;
  • making reasonable efforts to provide access to health care services when a foreign worker becomes injured or ill at work;
  • not recovering fees from the foreign worker related to LMIA application filing and employer compliance;
  • ensuring third party recruiters do not charge or recover recruitment fees from the foreign workers;
  • fulfilling the commitments noted in the LMIA application;
  • retention of all relevant documents and information related to the foreign workers hiring and employment for period of 6-years from the date the work permit is issued to the foreign worker

At any time, an employer who has hired a foreign worker under either the TFWP or the IMP can be inspected by ESDC or IRCC for any or all of the above conditions.  Inspections can be triggered by a reason to suspect non-compliance, previous non-compliance, or random selection.

If there is a determination of non-compliance issued to an employer by ESDC or IRCC, the penalty can range from a warning to bans from the program, administrative monetary penalties (AMPs) of up to $100,000 per violation, suspension or revocation of previously issued LMIAs and publication of the employer’s name and address on a public website with details of the violation(s) and/or consequence(s) https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/employers-non-compliant.html.

To determine the monetary penalty that an employer will be levied for non-compliance, violations are divided into three different types. Examples of violations under each type are listed below:

Type A:

  • Failure to demonstrate that any information provided in a work permit application was accurate during a period of six years (e.g. proposed salary, proposed job title, proposed job duties, benefits information).
  • Failure to retain any compliance document with cited conditions for six years.

Type B:

  • Failure to comply with federal and provincial laws relating to employment and the recruitment of employees (e.g. failure to comply with the provincial overtime requirements).
  • Failure to provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the offer of employment (e.g. paying less than what was indicated at the time of application).
  • Failure to provide the foreign national with a copy, in English or French, of the most recent information regarding the foreign national’s rights in Canada.

Type C:

  • Failure to make a reasonable effort to provide a workplace that is free of abuse.
  • Failure to show that the company is actively engaged in the business in which the offer of employment was made.
  • Charging or recovering from the foreign national any fees related to recruitment either before or during the period of employment or the employer compliance fee or LMIA application fee.
  • Failure to ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees indicated.
  • Failure to report at any time and place specified by IRCC or Service Canada to answer questions and provide documents.
  • Failure to make reasonable efforts to provide the foreign national with access to health care services when the foreign national is injured or becomes ill at the workplace.

The AMP is ultimately determined based on the employer’s compliance history, severity of the violation and the size of the employer’s business.  AMPs can range from $500 to $100,000 per violation up to a maximum of $1 million in a 12-month period.

Bans can range from one, two, five, ten years, or can be permanent.

ESDC and IRCC will give employers an opportunity to retroactively address non-compliance through justifications and employers also have an opportunity to disclose a non-compliance in advance of in inspection.  We will share details around these in our upcoming bulletins.

If you have any questions about employer compliance with the immigration legislation, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Announcements – International Experience Canada Work Permits Can Now be Mailed Within Canada – BC PNP Numbers

/in /by

IEC Work Permits Inside Canada

Due to the government’s restrictions on flagpoling, which involves leaving Canada for the United States and applying for an immigration status document upon re-entry at the border, IRCC has made changes to the process of issuing International Experience Canada (“IEC”) work permits to those already inside Canada. Until December 1, 2025, as per its instructions here, IEC applicants who are inside Canada can ask that their work permits be mailed to them by submitting a webform. They must have submitted their IEC work permit application while still holding another valid IEC work permit, have a valid IEC approval letter/letter of introduction, and have valid status in Canada at the time of the request (this includes maintained worker status).

Those applying for employer-specific work permits under the Young Professionals and International Co-op categories must include the text:

My employer, [name], located at [address], may be contacted at [contact telephone or email] to confirm my continued employment offer. I intend to begin work for this employer as soon as my work permit is received.

Those applying for open work permits under the Working Holiday category must include the text:

I attest that my circumstances remain the same and I still meet the requirements of the open work permit program I was approved for.

All applicants must include the text:

A112025: I am requesting an A11 examination and the issuance of my work permit from within Canada. My application number is [W#########]. I submitted my IEC application on [DATE]. I received my POE letter of introduction and it is valid until [DATE].

My current contact information in Canada is as follows:

Telephone:

Mailing address:

Residential address:

BC PNP Numbers

The British Columbia (“BC”) Provincial Nominee Program (“PNP”) will only have 4,000 spots available in 2025, which is a reduction of 50% from 2024. BC has announced that approximately 1,100 of the applications will be for workers in healthcare, entrepreneurs, and skilled workers with a high economic impact. The remaining 2,900 spaces will be used to nominate applications already received.

As a result of the federal government’s  reduction of the number of new permanent residents in 2025, only 55,000 new permanent residents are expected to come through PNPs of all provinces and territories.  We are yet to see any announcements from the Ontario Immigrant Nominee Program (OINP) regarding the spots that they have available for the year.  It will not be a surprise if we were to see a similar announcement from Ontario.  Stay tuned.

If you have any questions about the above changes, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Employers – A Reminder to Be Aware of Fraudulent Documents

/in /by

It is crucial that employers verify the documents of any foreign workers they employ to ensure that they can legally be employed. Section 124(1)(c) of the Immigration and Refugee Protection Act (“IRPA”) provides that it is an offence to employ a foreign national when they are not authorized to be employed. This is a strict liability offence meaning that even if the employer did not know that they were not allowed to employ that person, by law, they are deemed to know if they did not exercise due diligence.

Documents such as work permits and maintained status letters should be examined carefully and if there are doubts about the authenticity of a document, you can contact immigration counsel to take a second look.

Further, while some companies may hire workers from temporary employment agencies, it is still important that these companies verify that any foreign workers staffed by the agency are permitted to work in Canada. Even though the employer of record may be the agency, since the company using the services of the agency is directing and controlling the work of the workers, the company may be viewed by IRCC as the employer and liable if they are found to employ foreign workers without authorization. It is important to note that there is no definition of employer under IRPA.

If you have any questions about fraudulent documents or employer compliance with the immigration legislation, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.