Submitting an offer of employment

I want to submit an offer of employment. Where can I find the IMM 5802 form?

In most cases, offers of employment must be submitted online through the Employer Portal, and the IMM 5802 form is no longer accepted.

Find out how to enrol in the portal and submit an offer of employment.

When you need to complete the IMM 5802 form

In some special cases, you may need to request the IMM 5802 form from us to complete your offer of employment.

For example

• if you’re a foreign entrepreneur coming to Canada to incorporate a new business and you don’t have a Canada Revenue Agency business number yet
• if you’re having problems logging into your Employer Portal account and we can’t fix the issue in time

How to request an IMM 5802 form from us

If you can’t submit an offer using the Employer Portal, email the Employer Portal to request an IMM 5802 form. In your email, include the

• passport information exactly as shown on the passport (full name, date of birth, place of birth, country of citizenship)
  • If you’re a foreign entrepreneur, this should be the information on your passport.
  • If you’re a Canadian employer, this should be the information on the passport of the foreign worker you’re hiring.
• business name, if known
• business contact address, if known

After I submit an offer of employment, do I have to wait for it to be approved before the temporary worker can apply for a work permit?

No, you do not have to wait. When you successfully submit the offer of employment through the Employer Portal, you will be given an offer of employment number. You will find this number in the employment queue in your portal account. You need to give this number to the temporary worker. The worker must include the offer of employment number in their work permit application.

The worker can apply for a work permit as soon as they receive the offer of employment number from you.

Can an authorized representative submit an offer of employment on behalf of an employer?

Yes. The employer must

• access their account in the Employer Portal;
• create a secondary user account; and
• assign this secondary account to the authorized representative.

Read the Employer Portal enrolment guide to find out how to create and assign a secondary user account.

Employers no longer need to submit the IMM 5476, Use of Representative form.

Note:

• Authorized representatives must have a separate GCKey for each employer they represent.
• Authorized representatives who submit offers of employment on behalf of an employer must use the Employer Portal to submit these offers. They will not be able to submit offers of employment through the Authorized Paid Representative Portal.

I don’t have a Canada Revenue Agency number. How do I submit an offer of employment?

All Canadian organizations with employees must have a Canada Revenue Agency (CRA) business number. If you want to hire temporary workers, you will need to get a CRA number.

There is an exception if the foreign worker is both the employer and the temporary worker. This applies if you are a foreign worker who is:

• self-employed or an entrepreneur and
• starting a business in Canada

In this case, you must email us with the following information:

• your name
• your date of birth
• your citizenship and country of birth
• your gender

We will use this information to link your offer of employment (as the employer) to your work permit application (as the temporary worker).

How do I change an offer of employment, or fix a mistake I made in one?

If we’ve already approved the temporary worker’s work permit, you must submit a new offer of employment in the Employer Portal. You’ll need to pay the employer compliance fee again and the worker will have to apply for a new work permit.

If we haven’t approved the work permit yet, you can withdraw your offer of employment in the Employer Portal. Then, submit a new offer with the new information.

If the temporary worker has already submitted a work permit application to us, they’ll also need to withdraw their work permit application. They can send us a request to withdraw their application by using our Web form. They must include the reason for the withdrawal request. They’ll then have to apply for a new work permit with the new offer of employment number.

Do I submit an offer of employment even if a foreign company will pay my company’s temporary worker?

Yes, if your Canadian company has contracted the services of a foreign company, you must submit the offer of employment in the Employer Portal. This is required under the Immigration and Refugee Protection Act and Regulations. Even though the foreign company will pay the temporary worker’s salary, you have hired them to work in Canada.

Use the Alternate compensation scheme field in the offer of employment to explain that the foreign company will pay the temporary worker.

Who submits the offer of employment if a temporary worker will work for two or more Canadian companies?

It depends on the relationship between you and the other employer(s).

If the job offers are separate, you and the other Canadian employers each have to submit an offer of employment in the Employer Portal. The temporary worker will need a work permit for each job in this case.

If you are hiring a temporary worker to provide services to another company, then you must submit the offer of employment. You must also meet the conditions of the International Mobility Program. Include details about the job arrangement in the offer of employment in one of these fields:

• Explanation of how the job meets the requirements of the exemption being requested
• Main duties of the job

Under the International Mobility Program, can I reuse an offer of employment number if the matched work permit application was refused?

No.

When you submit an offer of employment in the Employer Portal, an offer of employment number is generated. We match this number to the worker’s work permit application.

Once an officer makes a decision on the work permit application, that offer of employment number can’t be reused for any other work permit application. If a new work permit application needs to be submitted, you must submit a new offer of employment (along with the fee).