Hiring a Foreign Worker Citizenship & Immigration Canada

Hiring a Foreign WorkerCitizenship & Immigration Canada

Introduction • Identifying methods to attract and successfully bring in foreign workers • Utilizing the newly formed Temporary Foreign Worker Units in Calgary and Vancouver • Temporary worker vs. Permanent Resident

Students – New Initiative • On April 27, 2006, Citizenship and Immigration Canada announced that foreign students in Canada can work off campus if they meet certain eligibility requirements. CIC is now accepting applications for work permits under the Off-Campus Work Permit Program. • Eligible students may work a maximum of 20 hrs per week while attending school and may work fulltime during school breaks.

Off Campus Work Permit • Conditions: • Must have a valid study permit • Must have studied F/T at an eligible institution for a minimum of 6 months out of 12 before they apply. • Must be a student in good standing at the institution • Must receive written approval from the institution to work • Must comply with the conditions of their study permit and work permit. • If studies are discontinued the student is required to turn in their work permit to CIC.

Links • For complete details of off campus work permit program see: • http://www.cic.gc.ca/english/study/guide-faq.html • For a list of participating institutions: • www.cic.gc.ca/english/study/guide-list.html • For applications for off campus work see: • http://www.cic.gc.ca/english/applications/work-students.html

Hiring a Post – Grad Student • Post Graduate Work Permit Program: • Designed to give graduating students work experience in their field of study • Enables employers to hire foreign graduate students • For complete details on conditions, eligibility and institutions see: • www.cic.gc.ca/english/study/work-opp.html#postgrad

What are the conditions the student must meet? • Must have completed a degree, diploma or certificate program from public or certain private post-secondary institutions • Minimum of 8 months of study • Must have a written job offer related to their field of study • Must have a valid Student Permit • Must apply within 90 days from date of completion of studies

Duration of work permit • The duration varies: • from 8 months up to a maximum of 2 years in certain circumstances. • Metro - Vancouver, Montreal and Toronto (maximum of 1 year)

Procedures • The student has received and accepted a written job offer, related to their field of study • The student must apply for a work permit through Citizenship & Immigration Canada within 90 days of completion of studies • Once the student has received their work permit they can begin work

Longer Duration • What if I wish to hire the student beyond two years? • The employer must file an application for a labour market opinion with HRSDC – Service Canada • If the LMO is positive, the student applies for an extension to his/her work permit through CPC Vegreville. • Note: If you wish to hire a student who does not qualify under the Post Grad Program, you can, however, you must receive an LMO first, before they are eligible to apply for a work permit.

Permanent Residency • The student may qualify and apply under the Federal Skilled Worker program • After 6 months they may qualify under the Provincial Nominee Program • See www.alberta-canada.com/pnp/

Hiring Temporary Foreign Workers • Citizens of some countries must obtain a Temporary Resident Visa (TRV) before arriving in Canada. • For a list of these countries see: www.cic.gc.ca/english/visit/visas.html • In many situations a temporary foreign worker (TFW) must apply for a work permit outside Canada at the applicable visa office (Canadian embassy, high commission or consulate). • In some instances, a TFW may apply for a work permit at a port of entry upon arrival to Canada.

Is a work permit required? • In most cases a work permit is required: • Two categories: • Labour market opinion required (from HRSDC) • Labour market opinion exempt • Some situations do not require a work permit

Labour Market Opinions • HRSDC – issues labour market opinions (LMO’s) • In most cases, a positive LMO from HRSDC is required before a work permit may be issued. • Some professions require the foreign national to be licensed. • If a positive LMO is received, the employee must apply for and obtain a work permit before they are allowed to begin working.

Positive LMO…what now? • If the foreign national is outside Canada where do they apply for their work permit? • Entry visa (TRV) is required • Apply at the applicable visa office • Visa exempt countries ie. U.S.A. • Apply at the port of entry • If the foreign national is inside Canada where do they apply for their work permit? • They must leave Canada and apply at the applicable visa office or at the port of entry (as above).

LMO Exemptions • International Agreements – R205: • NAFTA (North American Free Trade Agreement) • GATS (General Agreement on Trades in Services) • Includes professionals, intra-company transferees, traders and investors • Includes significant benefit and specialized knowledge in some cases • Exchange Programs: • Youth exchange programs • Teacher exchange programs • And some other reciprocal programs do not need LMO’s. • Spouses: • Spouses and common law partners of skilled foreign workers or certain foreign students do not need an LMO.

NAFTA • NAFTA includes: • business visitors, intra-company transferee’s, investors, traders and professionals. • Business visitors: • engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service. • do not require an LMO or a work permit

Intra-Company Transferee’s • Intra-Company Transferee’s • are employed by an American or Mexican enterprise in a managerial or executive capacity, or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity. • do not need an LMO, however, they require a work permit

Professionals • Professionals • Over 60 professional occupations under NAFTA • including accountants, architects, computer systems analysts, economists, engineers, foresters, hotel managers, scientists and a variety of medical and health care professionals. • enter to provide services in the field for which they are qualified. • do not need an LMO, however, they do require a work permit

GATS • GATS is similar to NAFTA, however, it is much more restrictive. • It includes business visitors, intra-company transferee’s and professionals • The professional category includes the following professions: • Engineers, Agrologists, Architects, Forestry & Geomatics Professionals, Land Surveyors, Foreign Legal Consultants, Urban Planners, Senior Computer Specialists • Professionals under GATS have a maximum of 90 days validity period for their work permit.

Spouses • Spouses of temporary foreign worker’s (TFW’s) may qualify for an open work permit • Must meet two requirements: • The TFW’s work permit must be for a term of six months or longer. • Their spouses occupation must be Skill Level 0, A or B of the National Occupational Classification.

Spouses Cont’d • The open work permit would be valid for the same period as the TFW’s work permit. • There is no need for an offer of employment before issuing a work permit. • This exemption is intended for spouses who are not, themselves, full-time students • Spouses of approved PNP candidates can obtain a work permit regardless of the Skill level

Work Permit Exemptions • Some situations do not require work permits • Work permit exemptions: • Business visitors R186(a) • Military Personnel R186 (d) • Religious workers R196 (l)

New Initiative TFWU • The Calgary TFWU: • is made up of two officers who have experience in the issuance of work permits. • handles requests for the Alberta Region • will issue a written opinion advising if an employee is labour market opinion or work permit exempt prior to their arrival at the port of entry. • Note: only for visa exempt countries and for those who are eligible to apply for a work permit at a port of entry

How do I request an assessment? • Employers or their representatives can request an assessment of LMO exemptions in writing by fax or mail • Requests to the TFWU should include: • Employer’s details • A written job offer • Employee’s details including bio-data page of passport • Date and expected port of entry details • Organizational chart (if Intra-company transferee) • Sales agreement showing warranty work or details of training to be provided (if applicable) • Rationale • Relevant supporting documents • See handout for “Request for Assessment of labour market opinion exemption”

Contact Information • Temporary Foreign Worker Unit • Harry Hays Building - 170, 220 4th Ave SE • Calgary, AB T2G 4X3 • Ph# 403-292-4183 • Fax # 403-292-6843 • TFWU-Calgary-UTET@cic.gc.ca

TFWU – The Opinion Letter • If the opinion is positive the TFWU, will issue a written opinion. • Note: An opinion letter does not guarantee entry into Canada. • The employee must meet all requirements of the Immigration & Refugee Protection Act & Regulations (IRPA); • Including but not limited to: • Medical, Criminal and Security requirements before they will be granted entry into Canada at the Port of Entry.

Are Medicals required? • Medicals are required for some countries for stays over 6 months. • Designated countries that require medical examinations • http://www.cic.gc.ca/english/visit/dcl.html • Note: You may wish to advise your employee to apply at the nearest Canadian visa office for his/her work permit, if he/she is from a country that requires a medical exam.

What if, an LMO is required? • If it is determined that the client requires a labour market opinion, they will be informed to contact HRSDC – Service Canada. • Note: The service that the TFWU provides, in no way circumvents the LMO process.

Applying for a work permit • If your employee has received an LMO or is LMO exempt, you should advise them to apply for a work permit. • If they are visa exempt and do not require a medical examination they may apply at the port of entry (they can also apply ahead of time at the nearest visa office, if they choose) • Upon entry to Canada your employee must advise CBSA (Customs or Immigration Officer) that they wish to apply for a work permit. They should bring the following documents with them: • Proof of citizenship • Job offer • Supporting documents to substantiate education and qualifications • Opinion letter from the Temporary Foreign Worker Unit • Fee ($150)

Useful Internet Links • CIC - Temporary Foreign Worker Guidelines Manual • http://www.cic.gc.ca/manuals-guides/english/fw/index.html • CIC - How to Hire a Temporary Foreign Worker - Guidebook for Employers http://www.cic.gc.ca/english/work/tfw-guide.html CIC - LMO Exemptions http://www.cic.gc.ca/english/work/exempt-2.html • HRSDC – Service Canada (Foreign Worker Program) • http://www.sdc.gc.ca/en/gateways/nav/top_nav/program/fw.shtml

Case StudiesHotel workers • You are in the Hotel industry in Banff, and have a shortage of hotel workers. You have advertised for the past 4 months, and only filled a handful of the positions.

Construction firm • You are in the Construction industry, and need 30 carpenters in Calgary as soon as possible. You have been advertising the positions for the past year, but have only been able to fill some of the positions. You are now turning away work because of the skill shortage.

The Multinational Accounting firm • A multinational accounting firm would like to transfer some people to Calgary: • A CPA from New Orleans, who was with the firm for 6 months before Katrina hit; • 2 accountants from Australia: one who has handled the firm’s diamond mine client for the past 2 years, and one who just joined your firm 8 months ago.

The Pharmaceutical firm • You are a Pharmaceutical firm located in Edmonton, and advertised for researchers. You received 50 responses, including 5 from outside of Canada; one woman from Mexico City appears to be ideally suited for the position. Of those in Canada, 1 is a foreign student who will get his MSc from U of A this year, and 2 other Canadians would meet your short list.

Hiring foreign workers from other firms • You are in the construction industry, and a fellow from the UK applies for a position as a heavy duty mechanic. He is now working for one of your competitors with a work permit valid until December 2006. You have a Blanket LMO which allows you to hire up to 10 Heavy Duty Mechanics. What can you do? What if the tradesman was from India?

Working Holiday extension? • You are an Engineering firm, and wish to hire a Mechanical Engineer. You place an ad in the local newspaper, and get 20 responses; the best candidate is from Australia. He and his girlfriend are in Canada on Work Permits through the Working Holiday Program. Their Work Permits expire in 6 months. What can you do?

Hiring a Foreign Worker Citizenship & Immigration Canada