Key takeaways
- IRCC’s page on the genuineness of job offers shows a “Date modified” of September 17, 2026
- All offers on employer-specific work permit applications must meet the genuineness requirements of subsection 200(5) of the Immigration and Refugee Protection Regulations (IRPR)
- Open work permits are not subject to this genuineness assessment
- If an officer has concerns, the officer should send a PFL to the applicant
- The PFL says the employer should send evidence directly to IRCC within 15 days, or the applicable office standard
What the IRCC instructions say
IRCC publishes program delivery instructions for its officers. The page Assessing the genuineness of the offer of employment on a work permit application shows a “Date modified” of September 17, 2026.
The instructions say all offers on employer-specific work permit applications must meet the genuineness requirements of IRPR subsection 200(5). Open work permits are not subject to the genuineness-factor assessment in 200(5).
The rule comes from different parts of the regulations, depending on the program:
- International Mobility Program (IMP): subparagraph 200(1)(c)(ii.1)
- Temporary Foreign Worker Program (TFWP): paragraph 200(1)(c)(iii) and paragraph 203(1)(a)
The procedural fairness letter process
A procedural fairness letter (PFL) is a letter that gives you a chance to respond before an officer decides. The instructions describe these steps when an officer has concerns about the genuineness of an offer:
| Step | What the instructions say |
|---|---|
| 1. Letter | The officer should send a PFL to the applicant. |
| 2. Reason | The PFL must say which of the four genuineness factors in 200(5) is a concern, and why. |
| 3. Evidence | The letter must tell the applicant that the employer should send the evidence directly to IRCC within 15 days (or the applicable office standard). |
| 4. Follow-up | The officer adds a note and sets a follow-up date 30 additional days after the deadline in the letter. This lets the employer’s webform response be attached to the file. |
The instructions use the words “should send,” not “must send.” Some news reports use stronger words. This article uses the wording from IRCC’s page.
What this means for you
- You applied for an employer-specific work permit: your job offer can be assessed for genuineness. If you receive a PFL, read which concern it names and the deadline.
- You are an employer: the letter says you should send the evidence directly to IRCC. Check the letter for the exact deadline.
- You applied for an open work permit: the 200(5) genuineness assessment does not apply to open work permits.
A PFL is not a refusal. It is also not a guarantee of approval.
What to do next
- Check whether your permit is employer-specific or open.
- If you receive a PFL, tell your employer the same day. Read the letter for the exact deadline.
- Follow the instructions in the letter. Do not rely only on the general timeline in this article.
- Read our guide on work permits for the basics.
Frequently asked questions
What is a procedural fairness letter?
It is a letter from IRCC that explains a concern and gives you a chance to respond before a decision.
Who sends the evidence?
The letter must tell the applicant that the employer should provide the evidence directly to IRCC.
How long do I have to respond?
The instructions refer to 15 days, or the applicable office standard. Your letter shows your deadline.
Does this apply to open work permits?
No. Open work permits are not subject to the genuineness assessment in IRPR subsection 200(5).
Sources
- IRCC: Assessing the genuineness of the offer of employment on a work permit application (date modified September 17, 2026)
This is general information, not legal or immigration advice. For your situation, consult a licensed immigration consultant (RCIC) or lawyer.
