Hiring a Foreign Worker Citizenship

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Hiring a Foreign WorkerCitizenship
Immigration Canada
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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

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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.

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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.

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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-stu
  dents.html

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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.htmlpostgrad

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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

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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)

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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

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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.

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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/

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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.

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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

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Labour Market Opinions

• HRSDC issues labour market opinions (LMOs)
• 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.

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Positive LMOwhat 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).

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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
  LMOs.
• Spouses
• Spouses and common law partners of skilled
  foreign workers or certain foreign students do
  not need an LMO.

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NAFTA

• NAFTA includes
• business visitors, intra-company transferees,
  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

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Intra-Company Transferees

• Intra-Company Transferees
• 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

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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

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GATS

• GATS is similar to NAFTA, however, it is much
  more restrictive.
• It includes business visitors, intra-company
  transferees 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.

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Spouses

• Spouses of temporary foreign workers (TFWs) may
  qualify for an open work permit
• Must meet two requirements
• The TFWs 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.

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Spouses Contd

• The open work permit would be valid for the same
  period as the TFWs 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

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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)

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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

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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
• Employers details
• A written job offer
• Employees 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

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Contact Information

• Temporary Foreign Worker Unit
• Harry Hays Building - 170, 220 4th Ave SE
• Calgary, AB T2G 4X3
• Ph 403-292-4183
• Fax [phone]
• TFWU-Calgary-UTET_at_cic.gc.ca

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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.

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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.

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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.

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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)

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Useful Internet Links

• CIC - Temporary Foreign Worker Guidelines Manual
• http//www.cic.gc.ca/manuals-guides/english/fw/ind
  ex.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/progr
  am/fw.shtml

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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.

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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.

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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 firms diamond mine client for the past 2
  years, and one who just joined your firm 8 months
  ago.

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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.

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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?

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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?

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