Genuine offer of employment (work permit)

A buyer who plans to hire foreign staff, or to employ themselves through their own company, meets the term when preparing the work-permit file. Subject to s. 200(2) and (3), s. 200(1)(c)(ii.1) makes the officer’s determination that the offer is genuine part of the test where the foreign national intends to perform work described in s. 204 or 205, or is described in s. 207, and has an offer of employment; s. 200(5) says the determination is based on listed factors.

The factors in section 200(5)

• Whether the offer is made by an employer actively engaged in the business in respect of which it is made, subject to an exception for live-in caregivers
• Whether the offer is consistent with the reasonable employment needs of the employer
• Whether the terms are ones the employer is reasonably able to fulfil
• The past compliance of the employer, or anyone recruiting for it, with the federal or provincial laws regulating the employment or recruitment of employees in the province where the foreign national will work

When the buyer is also the employee

IRCC’s instructions for business owners say that the foreign national is both employer and employee, and that, to ensure the offer is genuine under R200(5), applicants should demonstrate that funds separate from their support funds are available to pay themselves. Ask what documents the application must contain about the business and its ability to pay. See the LMIA and work permit guide and Canadian interests.