Overview: The pandemic has created many new issues for Canadian employers who hire foreign workers - including revoked compliance portals. Employer compliance portals for LMIA-exempt temporary foreign workers can be revoked by IRCC, and then need to be reactivated. Employers can lose significant time and opportunity to bring workers to Canada if they do not have active employer compliance portals. How to ensure your portal is still active - and what to do if it's not.
Work Permits are required for foreign nationals who want to temporarily work during their time in Canada. Work permits are issued by Immigration, Refugees and Citizenship Canada (IRCC) and are authorization for someone to work legally in Canada. All Canadian employers who hire temporary foreign workers must have a work permit for any foreign worker, which specifies:
- the work they can perform
- the employer(s) they can provide labour
- where they are going to work
- how long they are given permission to work
In addition to a Work Permit, temporary foreign workers may require a Labour Market Impact Assessment (LMIA) to demonstrate that there is a need for the foreign worker to fill the job and that there is no Canadian worker available to do the job. IRCC guidelines are that in "most cases, an employer must obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker", there are exceptions for LMIA exempt work permits.
LMIA Exemption Requirements
Employers must enroll in the IRCC Employer Compliance Portal and answer a series of questions. When an LMIA exempt work permit under IMP is approved, an employer will be given:
- a GCKey which is a username and password that allows you to securely access the Government of Canada’s online services.
- a Sign-In Partner (SecureKey Concierge) allows you to sign in using your banking login information (card number and password).
After an employer is successfully enrolled in the portal, they will be able to:
- submit offers of employment
- create secondary user or branch accounts
- create PINs to give to secondary users and branch accounts
Is Your Compliance Portal Revoked?
If you tried to enter the portal and were refused, or you tried to revoke your GCKey, you won’t be able to select the “Submit an offer of employment” button. Employer compliance portals can be revoked or closed by IRCC if:
- it’s been more than two years since the portal was last active
- the contact person has changed
- a user accidentally revokes their GCKey
What Happens If Your Portal Is Revoked?
If your Employer Portal GCKey or password are revoked, Ackah Law can attempt to retrieve your password or to create a new GCKey and link it to your application.
How Can I Ensure My Portal Is Not Revoked?
Ackah Law can review and verify that your employer portal is still active and working to ensure it is not revoked.
Employer Compliance and Audit Services
Ackah Business Immigration Law provides employer compliance and audit services to assist you with all your compliance and HR needs. We can help you to prepare for a Compliance Review/Inspection and ensure that your organization complies with IRCC’s Temporary Foreign Worker Program LMIA and the International Mobility Program LMIA exempt requirements – before you receive a call from the government.
Our Employment Law and Human Resources Advisory services assist our corporate immigration clients with planning for terminations, layoffs and drafting employment and consulting agreements to ensure you are well protected. We are pleased to have on our team experienced employment and labour lawyers and human resources consultants that will be contracted with us to assist our clients.
An experienced business immigration lawyer can save you time and stress - and prevent costly mistakes and missed deadlines. With 50+ years of combined immigration experience, our immigration legal team can identify and resolve potential problems BEFORE they happen. Contact Ackah Business Immigration Law today to discuss your situation at 403-452‑9515.