Under the GSS, employers looking to hire highly skilled workers may quickly benefit from faster application processing times. Foreign nationals applying from outside Canada for a work permit to perform work in a TEER category 0 (management) or TEER category 1 (professional) occupation may be eligible for two-week priority processing after their complete application package has been submitted and their biometrics are completed. The TEER categorization represents the skill level structure based on the degree of training, education, experience and responsibilities required for an occupation.

The federal government implemented a more stringent employer compliance regime, which directly affects employers sponsoring foreign workers under the TFWP and IMP. The immigration compliance and enforcement regulations now include routine immigration inspections and administrative monetary penalties for findings of noncompliance. Employers may be selected for inspection from the date when a work permit is issued to six years after that.

An employer is compliant if it can demonstrate that it adhered to the work permit conditions described in the work permit application or if it can justify any failure to do so under the enumerated grounds. An employer is noncompliant if it is unable to justify any violations of the work permit conditions.

The government is committed to inspecting one out of four employers each year. Inspections can be randomly initiated, triggered by a whistleblower or other sources, or based on a previous finding of noncompliance. Inspectors have wide investigatory powers, including on-site visits and interviews with foreign workers or other employees (with consent).

When noncompliance is found following an inspection, employers now face a range of consequences, depending on the frequency and severity of the violation. Penalties include the following:

• Warning letters
• Fines from CAD 500 to CAD 100,000 per violation (up to a maximum of CAD 1 million per year, per employer)
• Temporary or permanent bans from accessing immigration programs
• Revocation or suspension of work permits
• Online publication of the business' name, violation and penalty

Voluntary disclosures of noncompliance may serve to mitigate these consequences, but this strategy should be discussed with counsel prior to submission.

To avoid being found noncompliant, employers should designate an internal immigration compliance officer and conduct regular internal reviews of the foreign worker population. Employers should also implement a review process before any changes to the terms and conditions of a foreign worker's employment take effect to ensure that the change is consistent with the work authorization. Some changes may require a new work permit before they can take effect.

Spouses and accompanying dependent children are eligible for open work permits, and dependent children are eligible for visitor records or study permits for most international transfers. For spouses and children to qualify for dependent status, the transferee has to be entering Canada for a highly skilled occupation that falls under TEER category 0, 1, 2 or 3 of Canada's National Occupational Classification system, with a work permit valid for more than six months. The transferee also has to physically reside in Canada while working.

Open spousal work permits and open work permits for eligible dependent children are generally issued for the same duration as the foreign worker's work authorization and, in most cases, allow the spouse or child to work with any employer, in any occupation, anywhere in Canada.