How IRCC Verifies the Authenticity of Your Employment Offer

Besides facilitating eligibility for these pathways, a genuine job offer can also help secure a work permit, allowing individuals to live and work in Canada before obtaining permanent residence (PR) status. However, offers of employment can sometimes be exploited for fraud and scams, particularly targeting newcomers.

To combat this, Immigration Refugees and Citizenship Canada (IRCC) have developed a robust framework to evaluate the validity of employment offers. Here’s a closer look at how IRCC determines whether a job offer is genuine:

Criteria for a Genuine Offer of Employment

Is the Employer Actively Engaged in the Business?

IRCC first verifies whether the employer offering the job is actively engaged in their business. This involves confirming that the organization legally exists and can provide stable employment. Key factors assessed include:

• Business Operations: The organization must have an operating business providing goods or services.
• Physical Location: There must be a physical work location in Canada where the applicant will be employed.
• Engagement Metrics: Officers examine the business start date, type of business, number of employees, gross income, and principal activity.

A deeper review is conducted if there are concerns about the business’s active engagement, such as if the business is newly established or lacks publicly available information.

Is the Employment Offer Consistent with the Employer’s Needs?

The employment offer must align with the reasonable needs of the employer’s business. IRCC officers ensure that the job offered is plausible within the context of the employer’s industry and sector. Employers must convincingly explain the necessity of the role, detailing:

• Occupational Need: Why a professional of the applicant’s expertise is required.
• Operational Need: How the role fits into the business operations and contributes to its needs.

Can the Employer Reasonably Fulfill the Terms of the Employment Offer?

The employer must demonstrate the capability to honor the terms of the employment offer, including wages, hours of work, and benefits. These terms must meet provincial and territorial standards. If needed, IRCC may request additional documentation from the employer, such as:

• Employer T4 slips
• Worker’s compensation clearance letters
• Business contracts 

Does the Employer Comply with Employment and Recruitment Laws?

Compliance with federal and provincial regulations regarding employment and recruitment is crucial. IRCC reviews the employer’s history with these laws and assesses the legitimacy of any recruitment professionals involved in the hiring process. Key points include:

• Legal Compliance: Any past or present violations of Canadian laws are considered.
• Licensed Recruiters: If a recruiter was used, they must have been licensed at the time the job offer was issued.

Failure to provide the requested information can lead to the refusal of the application.