Jan 31, 2007

Hiring Foreign Workers in Canada

Hiring Foreign Workers in Canada

Employing foreign workers can be an essential part of a company's business strategy. Foreign workers can fill labour shortages in Canada and bring new skills and knowledge to help the country's economy grow.

HIRING STEPS :

In almost all cases, foreign workers must have a valid work permit to work in Canada. When hiring a foreign worker, you, the employer must generally :

  1. Submit an HRSDC Foreign Worker Application for a labour market opinion (LMO) to the Service Canada Centre responsible for your area.

    Before confirming a job offer, HRSDC considers whether :

    • The job offer is genuine;
    • The wages and working conditions are comparable to those offered to Canadians working in the occupation;
    • Employers conducted reasonable efforts to hire or train Canadians for the job;

    NEW: Hiring Temporary Foreign Workers for Occupations under Pressure

    In some regions, and depending on the circumstances/time, labour market information may indicate that the demand for labour in certain specific occupations is greater than the available supply. To meet the pressing human resource needs of employers, Human Resources and Social Development Canada (HRSDC) and Service Canada (SC) have developed Regional Lists of Occupations under Pressure. For occupations found on these lists, employers will not be required to undertake lengthy or comprehensive advertising efforts before being eligible to apply to hire a foreign worker.

    For more information, please visit:


    • The foreign worker is filling a labour shortage;
    • The employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
    • The foreign worker will transfer new skills and knowledge to Canadians; and
    • The hiring of the foreign worker will not affect a labour disputes or the employment of any Canadian worker involved in such a dispute.

    Learn more about the HRSDC LMO assessment criteria, noting that a Quebec Acceptance Certificate (CAQ) issued by the province is also required for jobs in Quebec.

  2. Once HRSDC approves the job offer, send a copy of the HRSDC LMO confirmation letter to the foreign worker.

  3. Inform the foreign worker to apply for a work permit  from Citizenship and Immigration Canada (CIC).

Next, CIC decides whether the foreign worker will get a work permit according to the requirements to work and reside temporarily in Canada.


SPECIAL CONDITIONS :

Under the Immigration and Refugee Protection Act (IRPA), there are special cases when employers do not need an HRSDC labour market opinion to hire a foreign worker, and/or the foreign worker may not need a Citizenship and Immigration Canada (CIC) work permit.

Also, please note that special criteria apply for employers hiring foreign workers in some industry sectors and occupations including :


http://www.hrsdc.gc.ca/en/epb/lmd/fw/tempoffers.shtml

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