[vc_row][vc_column][vc_column_text]

As a country that brings in upwards of 500,000 foreign workers a year, Canada continues to seek economic growth in the form of international talent. There is an ever-growing need for aspiring workers to undertake certain positions in Canada, with a view to gaining permanent residency should they desire it.
Many Canadian employers remain unaware that they are able to fulfil necessary roles with foreign employees, and believe that the process requires applicants to have resided in Canada for a period of time. However, this is not the case. There are further opportunities available to employers that are recruiting for staff, and a professional immigration consultant is able to connect you with these prospects.

Amidst the array of immigration programs on offer, there are two popular programs that employers can use to bring foreign workers into Canada: The Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). Applications for both programs typically require approval from Employment and Social Development Canada (ESDC). They will evaluate your application and decide whether you are eligible to employ a temporary foreign worker.

Canadian employers that hire foreign workers are required to complete a Labour Market Impact Assessment (LMIA). This is a document that provides the necessary details of your recruitment requirements and assures EDSC that hiring a foreign worker holds a mutual benefit for the Canadian labour market. It is a neutral assessment to prove that the labour market will be unharmed by employing a foreign worker. Moreover, it aims to bring greater success to Canadian organisations, and increase the amount of local job opportunities without hindering opportunities for permanent residents.

In certain situations, an employer might be exempt from completing an LMIA. This may be the case if they are recruiting for jobs that are part of an international trade agreement, jobs that are linked to or involved with the federal government or jobs that are in the best interests of Canada. In addition, if a student has undertaken a course at one of Canada’s universities, they do not need to complete an LMIA.

It can be tricky to navigate the system with regard to eligibility, so in the first instance it is advisable to ascertain whether you are required to submit an LMIA and work permit code. This can be done by contacting The International Mobility Workers Unit and requesting an opinion via email. They will review your requirements and advise whether or not you are exempt.

There is another exemption from the LMIA, and that is if you are recruiting under the International Mobility Program. Under these circumstances, employers will head straight to their employer portal and fill out an application. Employers must detail information regarding their business, the foreign worker to be hired, details of the role and particular benefits associated with the role. There is a compliance fee of $230 that the employer must pay unless the temporary worker that they are hiring currently holds an open work permit.
Exemptions aside, most hirings will fall under the Temporary Foreign Worker program which predominantly requires the submission of an LMIA. There are two main streams through which the employer can apply; the high wage stream (HWS) or low wage stream (LWS), each have their own set of requirements. An employer that offers a wage at or above the provincial hourly wage must apply via the HWS, an employer that offers a wage below the provincial hourly wage must apply via the LWS. A low wage is not an issue, but must be deemed fair and justifiable.

There is a processing fee of $1000 for the LMIA which can be waived for employers recruiting within the care industry, or anyone with a gross annual income of $150,000 or less that is hoping to hire a temporary worker to provide childcare in their home for a child under 13.
In order to meet the necessary requirements, there are specific conditions that must be met in order to achieve a positive LMIA. The employer must demonstrate that a Canadian local is unable to fulfil the position, and provide information stating that a foreign worker will benefit the Canadian labour market.

A ‘transition plan’ documents the activities that an employer agrees to undertake in order to recruit Canadian staff, and is an essential piece of documentation. It must show that they have made reasonable effort via an ongoing job advert, highlight the job specifics included in the advert such as job title, duties and wage elements, and be posted within a government approved medium amongst others. This mandate is to ensure that Canadian workers aren’t being overlooked, and to demonstrate the benefits of bringing in foreign workers.

The processing time of both programs varies dependent on individual circumstances, but can take up to six months. Certain lines of recruitment are more rapid in industries that have chronic shortages of staff and utilise the Global Talent Stream (GTS). For example, tech professionals are in high-demand, and those that fall within the Global Talent Stream are given top priority. Under such circumstances, the recruitment process can take just two weeks prior to visa alignment. Foreign workers that enter under the GTS are scored more highly in the points system, so are at a great advantage for obtaining permanent residency.

There are consistently requirements for temporary foreign workers in many Canadian industries, so it is always worth a check to see if you are eligible for foreign recruitment. It may be that a specific cultural requirement is absent amongst Canadian residents, or a particular skillset is in shortage.
The LMIA process can be somewhat complex if you’re unsure how to approach it suitably, so it is always advisable to use a professional if you are interested in hiring a foreign worker. An expert immigration consultant will help you navigate the system effectively, save you a little time and overcome many of the perils and pitfalls.

As experts in Canadian immigration, VG & Partners have connected hundreds of employers and foreign workers. We can answer any questions you might have, identify your recruitment niche and predict your chances of application success.
Book your free consultation with our talent acquisition advisor today!

[/vc_column_text][/vc_column][/vc_row]