Canada has updated its instructions for assessing employer-specific work permit applications. The new guidance limits the ability of immigration officers to refuse an application immediately when they have concerns about whether a job offer is genuine.

Immigration, Refugees and Citizenship Canada published the updated instructions on September 17, 2026. Under the new approach, officers who have concerns about the genuineness of a job offer must give the applicant an opportunity to respond.

The officer must issue a procedural fairness letter and place the application on hold while waiting for additional information.

Previously, officers could request information or documents from the employer or refuse the work permit if they had concerns about the job offer.

New Procedure For Questioned Job Offers

The updated instructions include a new section explaining how officers should handle concerns about the genuineness of an employment offer.

A procedural fairness letter must clearly explain the officer’s concerns about the job offer. It must also tell the applicant that the employer needs to respond directly to the concerns by providing the required documents to the immigration department.

The employer generally has 15 days to respond, unless a different period applies under the relevant office standard.

After the employer’s deadline, the officer is directed to schedule a review after another 30 days. This additional period allows enough time for the employer’s response submitted through the webform to be added to the application.

The previous instructions did not provide these specific directions for issuing a procedural fairness letter.

Other Changes To Employer Assessment

The updated instructions also make several changes to how officers assess employers and job offers.

The main changes include:

  • An employment contract is not required for job offers submitted through the employer portal. However, an officer may review a contract if the applicant has submitted one.
  • Employers generally need to show active engagement in their business, but an exception applies to employers hiring live-in caregivers.
  • The previous requirement for an employer to have a physical Canadian location where the worker would work has been removed.
  • Officers are directed to take a broader approach and consider all relevant factors when deciding whether an employer is actively operating a business.
  • Home-based businesses can employ foreign nationals. Having a home-based business does not, by itself, create a problem for the work permit application.
  • The instructions explain how officers should request additional information when a Canadian employer has contracted services from a foreign company.
  • A business with no employees that exists only to help foreign nationals enter Canada does not qualify as an operating business.
  • The instructions remind officers about the flagpoling ban that has affected many work permit applications since December 2024.
  • Directions concerning referrals to the Case Management Branch have been removed.

Work Permits Covered By The Updated Rules

The updated instructions apply to all employer-specific work permits.

This includes certain Labour Market Impact Assessment-exempt work permits issued through the International Mobility Program, as well as work permits issued under the Temporary Foreign Worker Program.

Temporary Foreign Worker Program applications involve a Labour Market Impact Assessment. Employment and Social Development Canada assesses the employer and job offer at that stage.

The assessment considers whether a qualified Canadian citizen/ permanent resident is available to fill the position.

Different Procedures For Work Permit Programs

The updated instructions provide clearer differences between the International Mobility Program and the Temporary Foreign Worker Program.

For Temporary Foreign Worker Program applications, the employer and job offer have already been assessed during the Labour Market Impact Assessment process. However, an immigration officer still has to be satisfied that the employment offer is genuine when deciding whether to issue the work permit.

This means the immigration officer remains responsible for reviewing the genuineness of the offer, including in cases where an earlier assessment was completed by Employment and Social Development Canada.

For International Mobility Program applications, officers assess the relevant employer and job offer requirements directly under the applicable work permit rules.

Legal Requirement For Genuine Job Offers

The updated instructions relate to the requirement under section 200(5) of the Immigration and Refugee Protection Regulations.

This provision requires an immigration officer to be satisfied that the employment offer supporting an employer-specific work permit is genuine.

The updated guidance does not remove this requirement. Instead, it sets out a clearer procedure for situations where an officer has concerns about whether the job offer is genuine.

Under the new approach, applicants and employers can provide additional information. This happens before the officer makes a final decision on the work permit application.

Palina Immigration Consultancy, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at Palinaimmigration.com.