Canada Limits Summary Refusals of Employer-Specific Work Permit Applications

Canada has updated its rules for assessing employer-specific work permit applications, giving applicants and employers more opportunity to respond when immigration officers have concerns about whether a job offer is genuine.

Immigration, Refugees and Citizenship Canada (IRCC) updated its instructions on September 17, 2026. Under the revised guidance, immigration officers should not simply refuse an employer-specific work permit application because they have concerns about the genuineness of the job offer.

Instead, applicants must generally be given an opportunity to address those concerns.

IRCC Must Give Applicants an Opportunity to Respond

Under the updated instructions, if an immigration officer has concerns about whether a job offer is genuine, the officer must issue a Procedural Fairness Letter, commonly known as a PFL.

The application will then be placed on hold while additional information is requested.

The PFL must clearly explain:

• The specific concerns the immigration officer has about the job offer; and
• That the employer must respond directly to IRCC by providing supporting documents or other evidence addressing those concerns.

Previously, IRCC's instructions allowed an officer to either request more information from the employer or refuse the work permit application.

The updated guidance creates a clearer process that allows the applicant and employer to respond before a final decision is made.

Employers Will Generally Have 15 Days to Respond

According to the updated instructions, the employer will generally have 15 days to provide the requested information, unless another response period applies based on the processing office's standards.

Once the employer's deadline has passed, the immigration officer is also instructed to schedule a review of the application approximately 30 days later.

This additional period allows time for the employer's response submitted through the IRCC webform to be received and attached to the applicant's file.

This process was not specifically included in the earlier version of the instructions.

Other Important Changes to Employer-Specific Work Permit Assessments

IRCC has also made several other changes to how officers assess the genuineness of employment offers.

Employment Contracts May Be Reviewed

An employment contract is not necessarily required when an employer submits an offer through the Employer Portal.

However, if the applicant has included an employment contract with the work permit application, an immigration officer may review it as part of the assessment.

Exception for Live-In Caregivers

The updated instructions include an exception to the usual requirement that an employer demonstrate active engagement in a business.

This exception may apply where the foreign worker is being hired as a live-in caregiver.

Physical Business Location Is No Longer Always Required

Previous instructions included a requirement relating to employers having a physical location in Canada where the foreign worker would work.

The updated guidance removes this general requirement.

This is particularly relevant for employers operating home-based businesses or businesses that do not require a traditional commercial office.

Officers Must Consider the Overall Business Situation

IRCC now places greater emphasis on assessing the employer's business as a whole.

Rather than relying on one factor, officers are instructed to broadly consider all relevant information when deciding whether an employer is actively engaged in the business.

This may include the nature of the business, its operations, financial activity, staffing and other relevant circumstances.

Home-Based Businesses Are Not Automatically a Problem

IRCC has clarified that a work permit should not be considered problematic simply because the foreign worker will be employed by a home-based business.

A legitimate business can operate from a residential location.

The main concern is whether the business is genuinely operating and whether the job offer is legitimate.

Rules for Employers Using Foreign Service Providers

The updated instructions also provide more clarity for situations where a Canadian employer has contracted services from a foreign company.

Immigration officers are given guidance on how to request additional information and determine whether the employment arrangement is genuine.

This can be important in cases involving international companies, subcontracting arrangements and cross-border service agreements.

Businesses Created Only to Bring Foreign Workers to Canada May Not Qualify

IRCC has also clarified that a business with no employees and no genuine operating activities, which exists mainly to facilitate the entry of foreign nationals into Canada, may not qualify as an operating business.

This means employers must be able to demonstrate that the business is legitimate and actively operating.

Flagpoling Restrictions Are Also Highlighted

The updated instructions include a reminder regarding Canada's restrictions on flagpoling.

Since December 2024, many foreign nationals have been restricted from applying for work permits by temporarily leaving Canada and immediately returning through a port of entry.

Applicants should therefore confirm whether they are eligible to apply for or renew their work permit from within Canada or through another permitted application process.

Case Management Branch Referral Instructions Removed

The previous guidance included instructions concerning the referral of certain applications to the Case Management Branch.

Those directions have now been removed from the updated instructions.

Which Work Permits Are Affected?

The updated instructions apply to employer-specific work permits.

These can include:

• Work permits supported by a Labour Market Impact Assessment under the Temporary Foreign Worker Program;
• Certain LMIA-exempt work permits issued under the International Mobility Program; and
• Other work permits that restrict the foreign worker to a specific employer.

The exact procedure may vary depending on whether the work permit is LMIA-based or LMIA-exempt.

Difference Between TFWP and IMP Work Permits

Employer-specific work permits can generally fall under either the Temporary Foreign Worker Program or the International Mobility Program.

Temporary Foreign Worker Program

For many work permits under the Temporary Foreign Worker Program, an employer must first obtain a positive Labour Market Impact Assessment.

During the LMIA process, Employment and Social Development Canada assesses the employer and the proposed employment.

However, receiving a positive LMIA does not automatically guarantee that the work permit will be approved.

The IRCC officer processing the work permit must still be satisfied that the employment offer is genuine.

International Mobility Program

Certain employer-specific work permits are exempt from the LMIA requirement and are processed under the International Mobility Program.

In these cases, IRCC officers may conduct a more direct assessment of the employer and the employment offer.

The revised instructions provide clearer guidance about the different procedures applying to LMIA-based and LMIA-exempt work permits.

IRCC Officers Still Decide Whether a Job Offer Is Genuine

Despite the new procedural protections, applicants should understand that immigration officers continue to have responsibility for determining whether an employment offer is genuine.

This applies even when Employment and Social Development Canada has previously assessed the employer as part of the LMIA process.

An officer can review factors such as:

• Whether the employer is actively operating;
• Whether the job genuinely exists;
• Whether the employer is reasonably able to employ and pay the foreign worker;
• Whether the employment terms are realistic;
• Whether the job offer matches the employer's business activities; and
• Whether the overall employment arrangement appears genuine.

Why This Update Matters for Work Permit Applicants

The September 2026 update introduces an important procedural change for employer-specific work permit applicants.

If an immigration officer has concerns about the genuineness of a job offer, the applicant should generally be informed of those concerns and given an opportunity to respond before a final decision is made.

Employers also have an important role because they may be required to submit supporting evidence directly to IRCC within a limited period.

Applicants and employers should therefore make sure that employment offers are accurate, consistent and supported by appropriate documents before submitting a work permit application.

If IRCC later raises concerns through a Procedural Fairness Letter, both the applicant and employer should carefully address every issue raised and provide clear supporting evidence within the required deadline.