Effective immediately, immigration officers may no longer refuse employer-specific work-permit applications solely on doubts about the genuineness of a job offer without first issuing a Procedural Fairness Letter (PFL). Updated IRCC instructions released 17 September 2026 direct officers to outline specific concerns in the PFL and give employers 15 days to submit evidence, with a further 30-day review window. The change applies to both Temporary Foreign Worker Program (LMIA-required) and International Mobility Program (LMIA-exempt) applications. Previously, officers could summarily refuse if they believed the offer was bogus or if the employer had a poor compliance record, leaving applicants no opportunity to respond. That approach triggered criticism after high-profile court cases—such as Tiwari v Canada (2025 FC 987)—in which the Federal Court held that applicants deserved a chance to address credibility concerns. For corporate mobility teams the procedural shift is significant. It extends overall processing times but reduces the risk of immediately losing an application to refusal. HR should prepare template response packages—letter of explanation, signed contract, payroll proofs—and educate hiring managers on the 15-day employer deadline. Third-party recruiters must also ensure that advertised wages and duties match what is submitted to IRCC to avoid red flags. Because the new guidance is embedded in IRCC’s online Programme Delivery Instructions, it applies worldwide and took effect the day it was published. Employers with pending files should monitor their MyCIC accounts for PFLs and respond promptly, as failure to reply will still result in refusal. Over time, the change may reduce judicial-review litigation and provide a clearer evidentiary path for genuine employers.
Source: IRCC.com
