Nowadays Canadian employers have trouble finding the right people to staff their business. Due to this difficulty, many Canadian employers are seeking foreign workers to help alleviate current labour shortages. Furthermore, hiring a foreign national gives them access to particular set of skills that aren’t available in their area. Canadian employers can hire foreign workers either on a permanent or temporary basis. There are several options to choose from, based on the employers needs and eligibility requirements.
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FOR EMPLOYERS
HIRING TEMPORARY WORKERS
Employers can hire temporary workers through the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). In most cases, under the TFWP Canadian employers have to obtain a document known as a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) / Service Canada before they can hire a temporary worker. An LMIA verifies that there is a need for a temporary worker and that no Canadians are available to do the job.
Note: If you are an employer from Quebec, your job candidate may also need to get a Certificat d’acceptation du Québec (CAQ) from the Quebec government before a work permit can be issued.
Under the International Mobility Program (IMP) Canadian employers can hire temporary workers without an LMIA. Exemptions from the LMIA process are based on:
- Broader economic, cultural or other competitive advantages for Canada; and
- Reciprocal benefits enjoyed by Canadians and permanent residents.
If Canadian employer hires a temporary worker through the IMP, he/she will need to pay an employer compliance fee and submit an offer of employment form to Immigration, Refugees, and Citizenship Canada (IRCC) through IRCC’s Employer Portal. This must be done before the foreign national can apply for a work permit.
Note: When hiring a temporary worker who has an open work permit, employer does not have to submit an offer of employment form or pay the employer compliance fee. An open work permit allows the permit holder to work for any Canadian employer.
Please, be informed that depending on the country of citizenship, a temporary worker may need a temporary resident visa (TRV) or an Electronic Travel Authorization (eTA) to enter Canada. Also, temporary workers may have to undergo a medical examination during the application process or meet after the hiring process.
After Canadian employer has gone through the hiring process under IMP, and the temporary worker’s application for a work permit is approved, as an employer of a temporary worker, he/she must:
- Arrange for workers’ compensation benefits and medical coverage for the temporary worker when they arrive in Canada, as required by his/her province or territory;
- Make sure that the temporary worker has the necessary work permit
- Comply with the conditions and time limits outlined in the temporary worker’s work permit
- Remain actively engaged in the business that submitted the offer of employment for as long as the temporary worker is employed
- Comply with all federal, provincial and territorial employment laws, including laws about recruiting workers
- Provide the temporary worker with a job in the same occupation that was listed in the offer of employment
- Provide the temporary worker with wages and working conditions that meet or are better than those listed in the offer of employment
- Make reasonable efforts to provide a workplace that is free of physical, sexual, psychological and financial abuse
- Keep any documentation related to the hiring and employment of the temporary worker for a period of six years after the work permit is issued, and
- Attend any inspection and provide all requested documentation or information.
EXTENDING A TEMPORARY WORKER'S PERMIT
If a Canadian employer wants to extend foreign worker’s employment beyond the expiry date of the work permit or hire foreign worker after he/she has worked in Canada for a different employer, the temporary worker must apply for an extension or renewal of his/her work permit.
Before the temporary worker can apply to extend his/her work permit, Canadian employer will need to either apply for a new Labour Market Impact Assessment (LMIA), if required, or pay the employer compliance fee and submit an offer of employment to Immigration, Refugees, and Citizenship Canada (IRCC).
Note: The temporary worker should apply at least 30 days before the expiry date of their original work permit to extend or change the terms and conditions of the existing work permit.
HIRING PERMANENT WORKERS
In order to hire a foreign worker on permanent basis, the worker must obtain Canadian permanent residence. There are number of programs for foreign workers to apply for a permanent residence and start working in Canada as quickly as possible. In January 2015, Immigration, Refugees, and Citizenship Canada (IRCC) launched Express Entry to manage the applications in these immigration programs:
- The Federal Skilled Worker Program
- The Federal Skilled Trades Program
- The Canadian Experience Class
- A portion of the Provincial Nominee Program
The Express Entry immigration selection system strives to make the application process simpler and quicker for Canadian employers to hire skilled workers and fill open positions more quickly than before.
A) FEDERAL SKILLED WORKER PROGRAM
The federal Skilled Worker program is for individuals with skilled professional work experience that falls under National Occupational Classification (NOC) system, and who are chosen as permanent residents based on their ability to contribute to the Canadian economy.
As of January 1, 2015, potential candidates interested in applying to the Federal Skilled Worker Program, must go through the Express Entry system. These people have to complete an online Express Entry profile, and meet the criteria to get into the pool of candidates.
As an employer, if you want to hire a skilled worker using this system, you can greatly improve their chances of success by making a qualifying job offer in a skilled occupation.
B) FEDERAL SKILLED TRADES PROGRAM
The Federal Skilled Trades Program (FSTP) is for foreign nationals who want to become permanent residents based on being qualified in a skilled trade. As of January 1, 2015, potential candidates interested in applying to the Federal Skilled Trades Program, must go through the Express Entry system. These people have to complete an online Express Entry profile, and meet the criteria to get into the pool of candidates.
As an employer, you can greatly improve their chances of success by making a qualifying job offer in a skilled occupation.
C) CANADIAN EXPERIENCE CLASS
The Canadian Experience Class Program is a popular program of immigration for qualified temporary foreign workers and student graduates with professional, managerial and skilled work experience in Canada. The CEC allows those with Canadian work experience to become permanent residents.
If you would like to hire a new worker or support one of your current workers in getting permanent residence through the Canadian Experience Class, they must go through the Express Entry system.
D) PROVINCIAL NOMINEE PROGRAMS
Canada has entered into bilateral agreements with several provinces and territories to allow them to nominate individuals for permanent residence based on the provinces’ assessment of the nominees’ ability to contribute to the economic growth of that province. Provinces and territories have various streams in their PNPs, but they tend to fall into five areas:
- Skilled workers,
- Semi-skilled workers,
- Business/investors,
- International student graduates, and
- Family or community connections.
Most Provincial Nominee Programs include one or more employer-driven streams, which let employers nominate workers who meet provincial or territorial nomination requirements. These may include certain jobs, education, work experience, official language skills and age.
As of January 1, 2015, provinces and territories can also nominate a certain number of skilled workers through the Express Entry system to meet local immigration and labour market needs. These people have to complete an online profile, meet the criteria to get into the pool of candidates, and obtain a nomination from a province or a territory under one of the PNP Express Entry streams.
If your business is located in a province or territory that has a PNP stream this could be a great and fast option to hire skilled workers and fill job vacancies. Regular PNP nominations are processed within the current service standard of 11 months, in 80 percent of cases. PNP nominations that are processed through the Express Entry system will be processed in 6 months or less (in 80 percent of cases).
Note: The province of Quebec does not have a Provincial Nominee Program, but rather the Quebec Skilled Worker category of immigration.
