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Are you a business preparing for annual salary increases, new vacation entitlements, or other merit changes?

If so, this is a reminder that any salary increases that you may award to temporary foreign workers, or changes to their occupation, vacation entitlements, or benefits, may result in immigration non-compliance.

If changes are made that result in non-compliance with the terms of the temporary foreign worker’s authorization to work in Canada, your business may be subject to administrative monetary penalties, bans from hiring temporary foreign workers, and/or publication of the business’s name on a public website.

It is therefore important to verify that any salary increases, promotions, changes to vacation entitlement, or other merit awards provided to temporary foreign workers are consistent with the employer compliance information provided to Immigration, Refugees and Citizenship Canada (“IRCC”) at the time of their applications. Sometimes, salary increases or other changes to a temporary foreign worker’s job, compensation, benefits, or vacation require that a temporary foreign worker first obtain a new work permit before the change takes place. In other cases, notification to IRCC that the change has taken place will be sufficient.

If you are considering making a change to a temporary foreign worker’s job, compensation, benefits, or vacation in accordance with an annual review or promotion, please contact us with the details, and we can verify what steps will be required to ensure that your business remains in compliance.