Employer Immigration Services
Employer Immigration Services: Strategic Solutions for Canadian Businesses
In today’s competitive labor market, securing the right talent is the difference between stagnation and growth. At Ghuge Legal, we specialize in helping Canadian businesses navigate the complex regulatory environment of the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
Whether you are a startup looking to transfer key executives or an established corporation needing an LMIA-based work permit, we provide the professionalism and efficiency required to bring your talent to Canada.
IRCC Processing Times (Updated December 2025)
A missing document is the #1 reason for application returns. A typical Family Sponsorship Checklist includes:
Most Canadian employers must obtain a positive LMIA before hiring a foreign national. This document proves that no Canadian citizen or permanent resident is available to do the job.
Eligibility & Streams:
- High-Wage Stream: For positions at or above the provincial median wage.
- Low-Wage Stream: For positions below the median wage (subject to caps).
- Global Talent Stream (GTS): Fast-track processing (2 weeks) for highly-skilled tech talent and niche roles.
- Advertising Requirement: Most streams require the job to be advertised for at least 4 consecutive weeks across 3 different platforms (including Job Bank).
The International Mobility Program (IMP) allows employers to hire workers without an LMIA, significantly speeding up the process for specific categories.
Intra-Company Transfer (ICT)
Ideal for multi-national companies moving key staff to a Canadian branch, subsidiary, or affiliate.
- Executive & Senior Manager: For those with primary authority over the company or a major department.
- Specialized Knowledge Workers: For those with advanced, proprietary knowledge of the company's products or processes.
- Initial Validity: 1 year for new offices; up to 3 years for established ones.
The Ontario Immigrant Nominee Program (OINP) allows employers to "nominate" foreign workers for permanent residency.
Employer Eligibility (GTA - Mississauga/Brampton/Peel):
- Revenue: Minimum $1,000,000 gross annual revenue.
- Staffing: At least 5 full-time employees who are Canadian citizens or PRs at the location where the applicant will work.
- Business Standing: Active operations for at least 3 years.
The timeline for hiring a foreign worker depends on the specific stream chosen.
To ensure a seamless application, our team will guide you through the collection of:
- Business Legitimacy: Articles of Incorporation and Canada Revenue Agency (CRA) documents (T4 Summaries, PD7A).
- Financial Proof: Recent financial statements or T2 schedules.
- Recruitment Proof: Copies of all job advertisements and a "Recruitment Summary" of Canadian applicants.
- Job Offer: A comprehensive employment contract meeting prevailing wage standards.
A single error in an LMIA or ICT application can lead to a refusal, costing your business time and money. We provide:
- Corporate Compliance Audits: Ensuring your business meets all TFWP employer obligations.
- Strategic Planning: Identifying the fastest, most cost-effective permit for your specific hire.
- End-to-End Representation: We handle everything from the Employer Portal to the final Work Permit application.
Scale your business with global talent.
[Contact Us for a Corporate Immigration Consultation]
Employer Compliance Guide: Hiring & Managing Foreign Workers (2025-2026)
In 2025, the Canadian government significantly increased the frequency of employer inspections and doubled the penalties for non-compliance. For a business in Mississauga or Brampton, maintaining a "compliant" status is not just a legal requirement—it is a critical business strategy to ensure your continued access to the global talent pool.
The "Substantially the Same" Rule
Under the Immigration and Refugee Protection Regulations (IRPR), you must provide the foreign worker with wages and working conditions that are substantially the same (but not less favourable) as those set out in the LMIA or the Offer of Employment submitted via the Employer Portal.
- Job Duties: Do not change the employee's NOC code or primary duties without legal consultation.
- Work Location: The worker must work at the location(s) specified in the permit.
- Annual Wage Review: CRITICAL UPDATE: As of January 1, 2026, all employers must ensure that Temporary Foreign Workers (TFWs) are paid the current prevailing wage for their occupation and region, even if it has increased since the original LMIA was approved.
The 6-Year Record-Keeping Checklist
You are legally required to keep the following documents for six (6) years, beginning on the first day of the worker’s employment.
Employment Agreements
Signed by both parties in the worker's preferred official language.
Payroll Records
Pay stubs, T4 summaries, and proof of any deductions.
Time Sheets
Accurate logs of hours worked, including overtime.
Business Legitimacy
T2 Schedule 100/125, business licenses, and lease agreements.
Recruitment Evidence
Proof of advertisements and reasons why Canadian candidates were not hired (for LMIA holders).
Workplace Safety
Proof of workers' compensation coverage (WSIB) and private health insurance (if applicable).
Employers have a proactive duty to ensure a workplace free of abuse.
- Mandatory Document: You must provide the worker with a copy of the "Your Rights in Canada" document before their first day.
- Visible Posting: This document must be posted in a prominent location in the workplace.
- No Recruitment Fees: You (or any third-party recruiter) cannot charge the worker for the cost of the LMIA or recruitment.
Inspections can be random, triggered by a complaint, or based on previous history. They can be announced or unannounced.
During an inspection, an officer may:
1. Enter and inspect any premises where a foreign national performs work.
2. Interview the employer and any employees (Canadian or foreign).
3. Request to see and copy any relevant documents or digital records.
Failure to meet obligations can result in severe consequences:
- Warning Letters: For minor administrative errors.
- Administrative Monetary Penalties (AMPs): Fines ranging from $500 to $100,000 per violation (up to $1 Million/year).
- Bans: Suspension from the TFWP/IMP for 1, 2, 5, or 10 years, or a permanent ban for serious violations.
- Public Listing: Your business name and address will be published on the Government of Canada’s Non-Compliant Employers List.
If you discover a compliance error (e.g., an underpayment or a change in job location), you should submit a Voluntary Disclosure before an inspection is launched. This may significantly reduce or eliminate potential fines and bans.
Navigating the Employer Portal and LMIA compliance is complex. Ghuge Legal offers:
- Internal Compliance Audits: To identify risks before the government does.
- Inspection Representation: Legal support during and after a government audit.
- OINP Employer Support: Assistance with the July 2025 Employer Portal requirements.
Contact us today to schedule a Compliance Audit for your business.
