How To Hire Foreign Employees In Canada
Based on the actual requirements of your business, Canadian companies have a variety of options when it involves temporary or permanent hiring of foreign workers. Temporary Work Permits are often ideal for hiring foreign labor by Canadian companies.
In light of the unique requirements of companies, this could be the quickest choice. Through the International Mobility Program or the Temporary Foreign Worker Program, prospective employers can hire foreign nationals. the worker must secure permanent residence in Canada so as for the employer to rent foreign workers permanently.
Many immigration schemes are available from the Canadian government to hire foreign workers. Each program is exclusive and appropriate for the type of foreign worker for whom it had been designed.
Below You’ll Find A Summary Of The Sorts Of Options For Hiring Foreign Workers In Canada
Labour Market Impact Assessment (LMIA) Work Permits
This general working paper allows Canadian employers to rent international workers. you’ll need to obtain an LMIA to secure a piece permit for your worker if your foreign worker doesn’t fall within the exemption category. Foreign workers on LMIA work permits are generally allowed to stay in Canada for up to 18 months. you’ll either hire high-wage LMIA workers or low-wage LMIA workers.
LMIA-Exempt Work Permits
If your foreign worker’s description falls within the governmental exemption, you’ll not have to apply for the LMIA. Therein case, your company will enjoy undergoing a simplified process of hiring international employees who can add Canada for up to 24 months.
Working Without a Work Permit
Not all foreign workers need a permit to work in Canada. Several professions don’t require a work permit.Steps for Bringing Foreign Workers to Your Business In Canada To start the method, it’s essential to understand all the immigration methods available to employers. If you’re a Canadian employer looking to rent foreign workers for your business, follow these 4 important steps to hiring foreign workers:
- Determine if your company requires an LMIA
Most employers need an LMIA before they will hire a short-lived foreign worker. Before you begin the hiring process, you want to determine if you would like an LMIA. In certain situations, employers aren’t required to use an LMIA but must submit a suggestion of employment through their Employer Portal on the IRCC website.
Their foreign workers can then apply for a work permit supported by an LMIA-exempt offer of employment. In some instances, foreign workers are allowed to work in Canada without a peace permit.
- Apply for an LMIA or submit an LMIA-exempt offer of employment
The process for hiring foreign workers varies long, depending on the sort of job you’re trying to rent for. A work permit that needs an LMIA may take anywhere from 3 months to six months.
Meanwhile, an LMIA-exempt working paper takes anywhere from 2 weeks to three months, assuming the foreign workers your business wishes to rent are on top of their paperwork. an edge that doesn’t require a piece permit might be faster since all it takes is maybe a visa in good standing.
- The foreign worker applies for a work permit
The workers themselves must apply for a work permit. There are numerous work permits available to foreign nationals eager to add Canada. Choosing the most suitable one is crucial because it’ll significantly impact your application’s success, time interval, and even the power of your workers to bring their families with them to Canada.
On many occasions, employers and employees collaborate with an immigration lawyer to streamline the method and make sure that error-free and policy-compliant immigration applications are submitted.
- You want to tell the worker what to expect from their application and ensure compliance with the conditions of employment
Once your worker is in Canada working for your company, you want to ensure regulatory compliance with the utilization of your foreign worker. Suppose your company is ever found in breach of employment of foreign workers. Therein case, you’ll risk the power not only to still employ your current international employees but also to rent foreign workers in the future.
Labour Market Impact Assessment Explained
LMIA is brief for Labour Market Impact Assessment, and Employment and Social Development Canada (ESDC) requires it for any position that’s not in an exempt category. Your company needs a positive LMIA to prove no Canadian citizen or permanent resident can fill that position. the appliance process is very technical and should be complex, but generally, here are the detailed steps on the way to hire foreign workers with an LMIA:
- Advertise the position
Your company must advertise the position on the govt of Canada’s Job Bank and alternative sources (one national and one local at scope). Before the advertising is posted, it’s essential to carefully review the draft job advertisements to make sure that each required details are included.
Your company must include proof of advertisement showing where, when, and for a way long the position was advertised. Your company must continue advertising on Canada Job Bank and reviewing applicants until you get a choice on your LMIA application. Please note that there could also be modifications within the process supported by your company’s situation.
- Follow the recruitment process
Your company must demonstrate genuine efforts to recruit Canadian citizens or permanent residents. the way to do that? Follow your usual recruitment procedures (collecting resumes, screening, selecting the simplest candidates for the interview and interview process), but confirm to document all of your efforts.
Some employers produce requirement efforts reports to incorporate with their LMIA applications, summarizing each applicant’s background and reasons for rejecting him/her for the position in question. you want to keep records of your recruitment and advertising efforts for a minimum of 6 years. you’ll even be asked to supply the results from the recruitment efforts you undertook to fill the position.
iii. Apply to ESDC
Your LMIA application is often submitted up to 6 months before the expected job start date.
Your application package should include the following documents:
LMIA form for high-wage or low-wage positions;
Documents showing that your business:
(a) has no past compliance issues;
(b) can fulfill all of the terms of the work offer;
(c) is providing an honest service in Canada;
(d) is offering employment that’s according to the requirements of your business.
(e)Proof of recruitment;
(f)Employment contract;
(g)Processing fee ($1,000/per worker), if applicable.
Once you submit your LMIA application, ESDC will process your payment and issue you a letter with an LMIA file number. The LMIA time interval differs for every stream, starting from 10 business days to many months.
- Pass an interview with ESDC
Next, you want to pass a phone interview with an ESDC LMIA officer. The conversation aims to verify the LMIA application information, review any changes that will have occurred since the submission, and discuss the recruitment campaign and its results.
- Receive a choice from ESDC
Following the interview, the officer will decide, usually within 3-5 days. Your decision is going to be emailed or mailed to you. If you would like to receive your decision by email, indicate that to the ESDC officer during the interview.
Your foreign worker can start the working papers application process if the choice is positive. If the choice is negative, and you think that it’s unreasonable, you’ll be ready to ask a Program Manager to review that call for correctness.
- Assist the foreign worker in applying for a work Permit
Once you receive a positive decision, the foreign workers you plan to rent can apply for work permits using the LMIA approval letter and Annex A. You ought to also provide the worker with a signed employment agreement and a Letter of Support for the Visa Office to support your worker’s working papers application.
ESDC averages anywhere from 3 to six months to succeed in an LMIA decision unless your company position falls in one of the expedited streams. These streams include highest-demand occupations, highest-paid occupations, and shortest-duration occupations. Using one among these grounds, ESDC can return an LMIA decision in 10 days.
Incomplete LMIA applications aren’t processed or returned. This process can cause your company delays, affecting your workforce. Your business should seek professional help to make sure this doesn’t happen together with your LMIA application.
LMIA-Exempt Work Permits Explained
Sometimes, the LMIA-exempt work permits offer a more straightforward process, so employers in Canada should consider if their company is eligible to rent foreign workers without the necessity to travel through the lengthy and demanding LMIA process.
There may be a list of a number of the foremost popular immigration programs that allow employers to rent foreign workers without the necessity to use an LMIA first.
- Intra-Company Transferees (ICT)
Multinational companies can temporarily transfer employees to their Canadian locations without requiring an LMIA. The ICT working papers category is often an honest option if your company requires skilled talent from your other affiliate companies abroad.
Only employees who have worked for the corporation for a minimum of 1 year full-time and hold specialized knowledge or an executive or managerial position may qualify under this program.
- International Trade Agreements
Canada may be a signatory to many international trade Agreements (FTAs) that contain provisions to make it easier for skilled professionals to figure temporarily in Canada. Most FTAs allow 4 categories of foreign workers to figure in Canada without having to use an LMIA: business visitors, professionals, intra-company transferees, and traders and investors.
- International Experience & Youth Exchange Programs
Canada also participates in international youth exchange and professional employment programs that allow young professionals under the age of 35* (for some countries under 30) to travel and add Canada without requiring an LMIA.
If your foreign worker is under 35 and a national of the participating country, you’ll prefer to support his/her application under the Young Professionals program.
- Reciprocal Employment
This exemption allows foreign workers to figure in Canada in specific industries where Canadians have similar options in other countries. For instance, professional athletes and coaches working with the Canadian team, professors, guest lecturers, and students participating in exchange programs. Multinational corporations also can cash in on the reciprocal employment sort of working papers.
Working Without A Work Permit Explained
In several situations, your foreign talent can add Canada without securing a piece Permit. However, depending on the country of origin, the worker should require an entry visa to Canada to enter Canada temporarily.
Foreign nationals may perform add Canada without a work permit within the following scenarios:
- Business Visitors
- Athletes and team members
- Aviation accident or incident inspector
- Civil aviation inspector
- Clergy
- Convention organizers
- Crew
- Performing artists
- Public speakers
- Business Visitors
Determining which criteria your company must meet to rent foreign workers is challenging and may be daunting once you need to run your Canadian business. Six different types of labor permits have differing requirements. Unless your company hires a selected category of people, you ought to plan on browsing the LMIA process until other legal advice is received.
