What to keep in mind when accepting a job offer for employer-driven immigration programs

Certain jobs and employers can give you an advantage in seeking Canadian permanent residence.

In this article, we’ll walk you through the most important considerations prior to accepting a job offer for Canadian immigration.

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What are employer-driven immigration pathways?

Employer-driven immigration pathways are those that require an applicant to have a job offer to qualify.

For example, many Provincial Nominee Programs (PNPs) – which allow provinces to select foreign nationals for immigration based on labour market needs – have job-offer streams.

The federal government also has immigration programs that require job offers from designated employers. These are

• The Atlantic Immigration Program (AIP);
• The Rural Community Immigration Pilot (RCIP); and
• The Francophone Community Immigration Pilot (FCIP).

For you to seek PR through these programs, both you and your job offer must meet certain requirements, and in many cases, your employer must meet certain requirements as well.

Check that you, the job, and your employer meet the requirements of the immigration program

Before deciding whether to accept a job offer, double check to ensure that you, the job, and your employer meet the requirements of the immigration pathway.

You will typically need to meet requirements on factors such as

• Education;
• Language proficiency;
• Work experience; and
• Settlement funds.

The job will typically need to meet requirements such as

• Being full-time;
• Being permanent;
• Being remunerated by wages or salary;
• Being in a certain occupation or field; and/or
• Being critical to the employer’s business.

For many PNP streams, any employer in the province is often eligible, provided they meet certain basic requirements, which typically include not being blacklisted, and having been operating in the province for a certain number of years.

On the other hand, some immigration pathways require that an employer be specifically designated by a government authority:

• The Atlantic Immigration Program.
• The Francophone Community Immigration Pilot.
• The Rural Community Immigration Pilot.

Requirements are always unique to each immigration pathway.

If you’re not comfortable validating the eligibility yourself, consider consulting with an experienced immigration representative.

Read your employment contract carefully and consider seeking legal advice

Canadian employers typically provide a successful candidate with a written employment agreement, or employment contract.

This agreement sets out terms and conditions of employment such as

• Your working hours and location(s);
• Your duties and responsibilities;
• Your compensation;
• Your vacation allowance; and
• Your severance entitlements.

Employment contracts must comply with labour laws for the appropriate jurisdiction (usually provincial, but federal for certain professions).

For most job-offer immigration pathways, the agreement must demonstrate that your role meets the requirements of the pathway through which you wish to apply for PR.

Ensure that you understand the employment contract fully and are satisfied with its terms prior to signing.

You may consider seeking your own independent legal advice prior to signing the contract.

Safety tips when job searching

As a job seeker, you may be targeted by scammers.

The following table sets out warning signs to watch out for, and step(s) you can take to reduce the risk of being scammed.

Warning sign	Danger	Step(s) to take
The recruiter or employer requests payment from you.	This is a fraud to steal your money. No legitimate Canadian employer will request payment from you for any purpose.*	Do not send any payment information, and cut contact.
The rate of pay is extremely high compared to similar roles.	Anything “too good to be true” is likely a scam. If the role’s compensation is not in line with market rates, you’re likely dealing with a fake job.	Research the average or median wages for your role in the province you are looking to work in, so you have a rough idea of what to expect.
The interview process is extremely easy/ lax	Most employers will carefully assess candidates prior to extending an offer.	Always look up the company/other employees within the company, get their experience on getting a job offer.
Lack of online presence	Could be a fake company, or a bad actor impersonating a real company	Always look up the company online. If the company has an online presence, but you still suspect fraud, it could be a fake company impersonating a real company. Contact the company through official contact information to verify terms of the job offer.
Unprofessional communication (poor grammar, generic greetings, vague job details)	Real employers usually communicate clearly and professionally, so this could be a warning sign of a fake employer	Check the sender’s email domain (legit companies use corporate domains, not Gmail/Hotmail). When in doubt, call the company directly to confirm.
Employer claims that you are guaranteed to get PR if you take the job	This is a lie. No employer can guarantee you PR. Even if the job is eligible for a PR pathway, your success is not guaranteed, and will be determined entirely by the decision(s) of the government’s immigration officers.	Clarify whether the employer is actually saying that they guarantee PR, or if they are simply telling you that the job offer qualifies for a PR pathway. If they truly promise a guarantee, walk away.
Requests for personal/financial information early in the process	Scammers asking for information such as your identity documents, social insurance number (SIN), and/or banking information early in the process could be looking at identity theft.	Don't provide sensitive personal information until after a legitimate offer is signed and you’ve confirmed the employer’s authenticity.

*As an exception, some employers may require you to supply your company uniform. In cases such as this, the cost is typically nominal and the employer will usually offer to deduct the cost from your first paycheck. 

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm