Appointing Foreign Academics

1
Appointing Foreign Academics

• CFIS Lunch and Learn
• August 6, 2009

2
Agenda

• Introductions
• An overview of appointment types
• Paperwork requirements when appointing a foreign
  academic
• Feedback forms

3
Scope of this Presentation

• ? Immigration requirements from UBCs perspective
• ? Details about appointment types and ranks
• Feel free to ask questions

4
Contact

• Jeffrey Hsu
• Faculty Appointments Coordinator
• 604 822-5432
• jeffrey.hsu_at_ubc.ca
• www.cfis.ubc.ca/faculty/appointments.html

5
What is a Foreign Academic?

• Not a Canadian citizen or a permanent resident of
  Canada
• Eligible for a faculty position

6
Appointment Types

• Visiting professor (academics from another
  institution)
• Visiting scholar (PhD students from another
  institution)
• Visiting scientist (employees of a non-academic
  institution)
• Research associate
• Postdoctoral Research Fellow
• Sessional Lecturer
• Adjunct Professor (limited to Canadian and U.S.
  citizens requires pre-approval of Principal)
• Honorary Faculty Member (requires pre-approval of
  Principal)
• Professor in the tenure-stream
• Professor without review (not eligible for
  tenure)
• Descriptions of each rank
• www.hr.ubc.ca/faculty_relations/recruitmentguide/t
  itles/index.html

7
Appointment Timeline

• Recruitment for positions requiring advertising
• Professors (tenure-stream) 12 months before
  appointment
• Professors (without review/limited term) and
  full-time Research Associates 4-6 months before
  appointment
• Please contact Faculty Appointments Coordinator
  before initiating a recruitment effort

8
Appointment Timeline

• Recruitment for positions requiring advertising
• Professors (tenure-stream) 12 months before
  appointment
• Professors (without review/limited term) and
  full-time Research Associates 4-6 months before
  appointment
• Please contact Faculty Appointments Coordinator
  before initiating a recruitment effort

9
Appointment Timeline (contd)

• For other positions, please allow 4 months
  between time of offer to appointment
• Allows for waiting time for immigration
  processing

10
Simplified Appointment Flowchart

• Advertising
• (as required)
• Must post for at least 1 month
• Please review ad with Faculty Appointments
  Coordinator

• Selection
• (as required)
• Unit keeps record of applicants
• Unit records reasons for rejecting Canadians

• Offer
• Please review offer with Faculty Appointments
  Coordinator
• Tenure-stream and professorial without review
  positions are made by Principal

Immigration Required?

• Appointment
• Unit sends appointment paperwork to Principals
  Office (PO)
• PO reviews and approves appointment sends
  appointment to Faculty Relations

No
Yes
LMO or LOI?

• LMO
• Unit prepares LMO request with Faculty
  Appointments Coordinator
• Faculty Relations applies for LMO and advises
  candidate

• LOI
• Unit prepares LOI and sends to candidate

• Application
• Candidate applies for and receives work permit
• Applies for SIN as needed
• Sends copies of confirmed documents to Unit

11
Appointment Paperwork

• 1) Letter of offer
• Outlines
• Duties and expectations
• Name of supervisor(s)
• Dates of employment
• UBC policies
• conditions (e.g., must be legally eligible to
  work at UBC, must show proof of PhD, etc.)
• Signed and offered by Director
• Signed and accepted by employee
• Templates
• www.hr.ubc.ca/faculty_relations/recruitmentguide/o
  fferletters.html

12
Appointment Paperwork (contd)

• 2) Faculty Appointment Form
• Information for Faculty Relations and Payroll
• Includes funding sources, salary distribution,
  information about the employee
• Signed by Director
• Signed by Principal
• Form
• www.hr.ubc.ca/faculty_relations/forms.html

13
Appointment Paperwork (contd)

• 3) Employees CV
• Education and experience
• Publications list not necessary in most cases
• 4) Legal entitlement to work in Canada
• Canadian social insurance number (does not begin
  with 9)
• OR valid Canadian work permit
• Foreign academics who will be paid must apply for
  a SIN (will begin with 9 and have an expiry
  date)
• Some foreign academics will need a visa to enter
  Canada
• Immigration Canada will determine if the visa can
  replace the work permit or is needed in addition
  to the work permit

14
Appointment Paperwork (contd)

• Some ranks (e.g., postdocs, research associates,
  professors) will have other requirements such as
  proof of degree completion
• Paperwork for foreign academics will require a
  copy of the letter of invitation (in addition to
  the letter of offer)
• Appointment Checklist
• www.hr.ubc.ca/faculty_relations/appointmentguide/c
  hecklists.html

15
How to Get a Work Permit

• For visitors and postdocs
• Letter of Invitation
• For all other ranks
• Labour Market Opinion OR
• Labour Market Exemption

16
Letter of Invitation (LOI)

• a.k.a. LOI Letter of Immigration
• Not the same as the letter of offer
• Does not replace letter of offer
• Send a copy of this letter with appointment
  paperwork to Principals Office
• Used only for visitors and postdocs
• No advertising required (exception paid visiting
  scholars)
• No advertising for (un)paid Visiting Professors,
  (un)paid Visiting Scientists, and (un)paid
  Postdoctoral Fellows
• Generated locally by unit
• Candidate can apply for work permit as soon as
  letter is received
• Templates
• www.hr.ubc.ca/faculty_relations/immigration/lois.h
  tml

17
Labour Market Opinion (LMO) and Exemption

• Required for Research Associates, Professors,
  paid Visiting Scholars, Sessional Lecturers
• Advertising is required
• Please review the ad with Faculty Appointments
  Coordinator
• Ad must be posted (active) for 30 days before
  closing date
• Some ads must be published nationally
• Guidelines
• www.hr.ubc.ca/faculty_relations/recruitmentguide/a
  dguidelines.html

18
LMO Caveats

• LMOs versus LMO Exemption
• depends on nationality of employee, funding
  source, special conditions
• Please contact Faculty Appointments Coordinator
• LMOs and exemptions
• Can only be obtained for full-time positions
• Are only good for one year in most cases
• Proof of advertising required
• Tearsheets
• dated web ads with URL
• Recruitment/reappointment ads must close within 3
  months of requesting LMO/LMO exemption
• Full list of applicants required
• Note Canadian applicants
• Note reasons for rejecting Canadians
• Foreign Research Associates have further
  restrictions
• Must advertise for initial appointment and all
  reappointments
• Immigration Canada wants to see a minimum annual
  salary of 55,000 (for most disciplines)

19
Immigration

• Request for LMO or exemption (and attachments) is
  sent to Principals Office
• Faculty Relations issues LMO or exemption to
  candidate
• Candidate applies for work permit, then SIN (if
  applicable)
• Unit compiles appointment paperwork and sends to
  Principals Office
• All ends well

20
Implied Status

• Work permit renewals may take 10 weeks to be
  processed by Immigration Canada
• Implied Status may be granted while waiting for
  new work permit and Payroll may be continued
• Basic appointment paperwork is still required
  (letter of offer, appointment form, letter of
  invitation or LMO)
• Include permit renewal receipt in place of work
  permit and SIN
• Conditions of Implied Status
• Used only for employees continuing in the same
  position
• Must apply for new work permit before expiration
  of old permit
• Must submit official proof of payment (receipt
  from bank, online receipt)
• Copy of new work permit must follow, along with
  SIN renewal

21
Questions

• The following slides summarize several
  discussions from the Lunch and Learn Session
• Dealing with Unsolicited Requests from Visitors
• Ask for CV and references
• Check references
• Ask for research intent at UBC
• Determine if request fits within scope of units
  research and interests
• Determine which faculty member will supervise
  visitor
• Some CFIS units hold department-wide meetings to
  discuss and screen potential visitors
• Some UBC units have a formal application process
  for potential visitors (e.g., Department of
  Englishs policy on visiting scholars at
  www.english.ubc.ca - look under resources)

22
Questions (contd)

• Reimbursement of Expenses for Visitors
• Some expenses may be considered taxable benefits
• Unit must determine if the expense was incurred
  for work on behalf of UBC or if the expense was
  personal and only benefitted the visitor
• If payment is made to a 3rd party (e.g., a hotel
  for accommodation), please enter the visitors
  UBC employee number in the alternate vendor
  field of the payment requisition this tracks
  expenses paid out on behalf of employees
• Visitor must self-declare taxable benefits to
  Canada Revenue Agency

23
Questions (contd)

• Medical Services Plan (MSP) Eligibility
• 3 month waiting period from date of MSP
  application before MSP is active
• Usually reserved for B.C. residents who are
  Canadian citizens and permanent residents of
  Canada
• Work permit and study permit holders might be
  eligible
• Eligibility questions should be directed to MSP
• 604 683-7151
• 1 800 663-7100
• mspenquiries_at_hibc.gov.bc.ca
• Employees in the 3-month waiting period and those
  who are not eligible for MSP must carry alternate
  insurance
• MSP Info
• www.hr.ubc.ca/benefits/employment_group/faculty/ms
  p.html