Employers who support applications submitted by their employees must meet the requirements as outlined in the NLPNP Employer Criteria.
Site visits may be required when the IPDO:
- Is unable to determine that the applicant or the employer are eligible for the NLPNP category under which they applied;
- Requires additional information that may only be addressed through a physical visit; or,
- Deems it necessary to investigate potential program abuse by the applicant or the employer.
Prior to commencing a site visit, the IPDO will discuss this possibility with the PNP Team Lead.
The IPDO assigned to the application in question, along with the PNP Team Lead, should be the individuals to carry out a site visit. However, in cases where the IPDO is unable to visit the employer due to location, the IPDO may request that the nearest Labour Market Development Officer (LMDO) in the Regional Services Branch of JGRD complete this site visit.
The visit is to be random and unannounced. The employer may choose not to submit to a site visit; their participation in the site visit is voluntary. However, if the employer refuses to allow the IPDO or LMDO to complete this visit, OIM reserves the right to reject the application.
The site visit may be used to verify that:
- The employer requirements of the NLPNP are being met, as well as other related employer information, such as the signing authority on the employment offer (i.e., Management, Supervisors), the location of employment, etc;
- The applicant’s job duties, TEER category associated with the position, wages, working conditions, as well as any other employment information, are accurate;
- Any other relevant information within the context of the NLPNP that requires further analysis as a result of information provided by the employer or applicant during the assessment process.
The Manager of Immigration Programs or Director may direct that a site visit be carried out by an IPDO or LMDO for additional reasons, such as:
- When OIM has been informed, or has bona-fide reasons to suspect that the employer has been found non-compliant with any of the conditions imposed on employers hiring foreign nationals, as set out in the Immigration and Refugee Protection Regulations in DIVISION 4 – Conditions Imposed on Employers of Part 11 – Workers; or,
- When OIM wishes to undertake activities that support program integrity, in adherence with Section 6 of the Annex A of the Canada-Newfoundland and Labrador Immigration Agreement.
The above list is illustrative, not exhaustive, and the Manager of Immigration Programs or Director may direct a site visit on similar grounds.
PROCEDURES:
- If the IPDO believes that a site visit should be conducted, they will refer the matter to the PNP Team Lead as soon as the concern arises. The IPDO and PNP Team Lead will discuss the complexities of the file and determine if a site visit is warranted.
- If the PNP Team Lead agrees that a site visit is necessary, they will refer the matter to the Manager of Immigration Programs. The Manager of Immigration Programs will either approve or deny the site visit, pending consultation with the Director.
- The Manager will consult with the Director who will inform the Assistant Deputy Minister and Deputy Minister about the site visit. If the support of Regional Services is requested to support the site visit, consultation with the relevant Assistant Deputy Minister and Director will occur.
- If travel is required to complete the site visit, approval for such will be approved in advance of the site visit occurring.
- Upon arrival at the work site, the JGRD staff members will identify themselves with the employer or any other person who is present at the site. Suitable forms of identification include the provincial government identification card and government-approved business cards.
- The OIM staff will explain the purpose of the visit and request to speak to the employer and the applicant.
The OIM staff will inform the employer that participation in this visit is entirely voluntary. The employer or the applicant can choose not to continue with the process at any point during the visit and the OIM staff must comply with that request. If the employer refuses to participate in the site visit, the OIM staff member(s) will refer the matter to the Manager, who will inform the Director. The Director will determine any further steps to be taken, including potentially refusing the application