Employers seeking most types of LMIA-exempt work permits will need to use the Employer Portal in order to pay the $230 employer compliance fee and to submit the Offer of Employment information to CIC. The fee payment and uploading of the LMIA-exempt offer of employment information through the Employer Portal must be completed prior to the foreign national applying for the LMIA-exempt work permit. Failure to do so will mean that the work permit application will be refused.
The Employer Portal replaces the IMM 5802 form. The IMM 5802 form was introduced in February 2015 as an interim measure until the Employer Portal was in place. Once the compliance fee and offer of employment are submitted via the Employer Portal, the system will generate an “offer of employment ID number”. This ID number must be included in the work permit application.
CIC will be introducing new work permit (IMM 1295) and extension (IMM 5710) forms in November 2015 which will include a field to enter the offer of employment ID number. Employers will need to make sure that foreign worker applicants use the new forms once they are introduced.
In order to utilize the Employer Portal, each employer must first enrol. The “primary user” is the first person to enrol the employer in the portal. Once this is done, employers can set up “secondary users” who will be able to complete an offer of employment on behalf of an employer or a branch of the employer.
Ultimately, if Zemp Law Group will be filing compliance fees and offer of employment information on behalf of your company, we either need to have the information needed to enter the Employer Portal as the Primary User, or we need to be set up as a Secondary User under the company’s Employer Portal account.
If you or someone within the company sets up the GCKey and the Employer Portal, we will need to discuss whether you will be providing the security questions and answers (these are built into the system when the GCKey and when the Employer Portal account are created) to us so that we can enter the portal as the Primary User. No offer of employment can be uploaded to the CIC Employer Portal by the Primary User without answering one of the four security questions that are created when the Employer Portal access is created.
If Zemp Law Group is instructed to create the Employer Portal on the company’s behalf, we would obviously have that information and we would also provide it to you in case the company ever wanted to change access by adding or removing Secondary Users or changing the security questions.
Secondary Users can be created by the Primary User. A Secondary User can use the Employer Portal to file the compliance fee and the offer of employment information. A Secondary User will be able to view all of the offer of employment data saved within the Employer Portal. For example, any Secondary User could view the salary data of any LMIA-exempt foreign national whose offer of employment information is in the portal (that is, the salary information at the time the offer of employment information was uploaded to the portal). Therefore, before adding a Secondary User, you need to consider whether it is okay for them to have access to that type of personal data.
After you have reviewed this e-mail, please contact us so that we can discuss how you wish to proceed. We will need to address the following:
- If you have not created an Employer Portal account yet, will you do so or do you want Zemp Law Group to do so?
- If you have created Employer Portal account already, will you provide us with the Primary User access information or create a Secondary User account for Zemp Law Group?
- If the Employer Portal account has not been created yet, whos e-mail address and contact information should be used and registered with CIC as the Primary User contact information?
- Should there be any Secondary Users created, and if so, who?
- Protocols regarding the creation, confirmation and uploading of offer of employment information to the Employer Portal, especially if Zemp Law Group will be doing this on behalf of the employer.
Zemp Law Group can provide assistance to employers that need advice relating to the Employer Portal or that need to have their Employer Portal account set up. We can also help employers develop best practices and protocols to deal with LMIA-exempt work permit applications, to address issues relating to the Employer Portal, and to minimize the risk of employer non-compliance with immigration rules or regulations.