Hire International Worker From Overseas

Hire International Worker From Overseas

Canada is a popular destination for foreign workers since it experiences a shortage of skilled workers in some industries and regions. Thus, Canadian employers need to hire international workers from overseas to fill these positions. In most cases, they must obtain an LMIA before they can hire international workers from overseas.

The purpose of an LMIA is to confirm that a foreign worker ought to fill a specific job position in Canada and that there are no local professionals who are available to do the job. However, before discussing the process of obtaining an LMIA, it is crucial to define LMIA exemptions. Two approaches can be used to determine whether potential employers must apply for an LMIA to hire international worker from overseas.

The first strategy is to review the LMIA exemption codes and work permit exemptions. Employers ought to carefully read the description of each option to determine which LMIA exemption or work permit code is suitable for their specific hiring situation. If they identify an applicable exemption code, they need to include it in the employment offer. If they do not have the relevant exemption code, they must apply for an LMIA to hire international worker from overseas.

The second strategy is to contact the International Mobility Workers Unit (IMWU) if the potential temporary foreign worker is a citizen of a visa-exempt country. The IMWU will review the employer’s circumstances to determine whether they need to obtain an LMIA to hire international worker from overseas and whether the foreign worker is exempt from work permit requirements.

Temporary Program to Hire International Worker Without LMIA

It is also worth discussing the International Mobility Program (IMP), which exempts employers from the LMIA requirement to hire international workers from overseas. However, the IMP only applies to certain categories of foreign workers who are eligible for the open work permit.

The LMIA exemption categories for open work permits include post-graduation work permit applicants, permanent residence applicants, spouses or common-law partners of international students and foreign workers, spouses or common-law partners of the Atlantic Immigration Pilot Program and Atlantic Immigration Program applicants, temporary resident permit holders, Canada World Youth Program applicants, and International Experience Canada (IEC): Working Holiday participants.

To hire international worker from overseas under the IMP, employers must submit an offer of employment through the Employer Portal and pay the processing fee of $230. Then, the potential worker ought to get an offer of employment number and apply for a work permit.

Temporary Programs to Hire International Worker  With LMIA

Now, it is time to discuss programs that require LMIA to hire international worker from overseas. One of the most used streams is the Temporary Foreign Worker Program (TFWP), which enables foreign workers to perform either low-wage or high-wage jobs.

According to the TFWP, a low-wage job is one where the salary is lower than the average for the specific province, whereas high-wage positions have the prevailing wage or higher in that province. The prevailing wage rate is defined as the annual salary on the Job Bank website or the median hourly wage for a particular job and location.

Employers who are looking to get LMIA to hire international worker from overseas for high-wage positions are eligible to request an employment duration of up to three years. On the other hand, if the employer wants to obtain LMIA to hire international workers from overseas for low-wage jobs, they can receive an employment duration of up to two years.

The Agricultural Stream is one more work program that enables Canadian employers to hire international worker from overseas for a period of up to two years. To get LMIA under this program, the business activity of the employers should focus on primary farm agriculture, and their production must fall under specific commodity sectors, such as seed corn or grains.

The Seasonal Agricultural Worker Program is another well-known stream that enables employers to hire international worker from overseas for a period of up to eight months. If the employers want to obtain LMIA through this program, they need to satisfy three requirements.

1. Prospective foreign workers need to be citizens of Mexico or certain Caribbean countries. The participating countries include Antigua and Barbuda, Anguilla, Montserrat, Grenada, Dominica, St. Lucia, Jamaica, St. Vincent and the Grenadines, Barbados, Trinidad, St. Kitts-Nevis, and Tobago.
2. Employers must operate in specific commodity sectors, such as pedigreed canola seed.
3. Employers must be engaged in primary farm agriculture as the core business activity.

Requirements of the Express Entry Program to Hire International Worker 

Canada also has various immigration programs that attract skilled workers to the country. Canadian employers may hire international worker from overseas to bring skilled workers to Canada and support their permanent residency. Employers usually use three streams of Express Entry: Federal Skilled Trades Program (FSTP), Federal Skilled Worker Program (FSWP), and Canadian Experience Class (CEC).

To hire international worker from overseas under the FSTP, employers need to offer a full-time job in an eligible skilled trade or technical occupation in TEER (Training, Education, Experience and Responsibilities) 2 or 3 of the NOC for at least one year.

Employers who want to hire international worker from overseas under the FSWP must offer a non-seasonal full-time position in TEER 0, 1, 2, or 3 for at least one year. The position can be in management, trade, scientific, professional, or technical occupations.

Canadian employers who want to hire international worker from overseas under the CEC ought to offer a non-seasonal full-time position in a TEER 0, 1, 2, or 3 for at least a year.

Canadian employers who want to hire international worker from overseas under the Express Entry do not need an LMIA in two cases.

1. The foreigner is already working temporarily in the country under the TEER 0, 1, 2 or 3 job for the employer who supports their work permit application with an LMIA and wants to extend their job offer.
2. The foreign worker is currently working temporarily in the country, has a valid work permit under TEER 0, 1, 2 or 3, and has one year of full-time work experience for the employer’s company. They also must be exempt from an LMIA under an international agreement, a federal-provincial agreement, or the Canadian interest category.

The LMIA Application Process to Hire International Worker 

It is time to discuss how to apply for LMIA and hire international worker.

1. Employers must have a valid Job Bank account and log in to the LMIA Online Portal using their credentials.
2. To hire international worker from overseas, they ought to fill out the LMIA application form and provide all necessary documents that demonstrate the legitimacy of their business. Documents may include the most recent business license, Canada Revenue Agency (CRA) tax documents, or recruitment records.
3. Employers need to pay the processing fee of $1,000 for each requested position under which they want to hire international worker from overseas. If the offered positions are under Express Entry or certain NOC codes, such as those related to primary industries, employers are exempt from paying the processing fee.
4. They must submit the completed application form and required documents to hire international worker from overseas via the LMIA Online Portal.

Canadian employers must wait for at least ten business days to get the approval to hire international worker from overseas. After obtaining the LMIA from Employment and Social Development Canada (ESDC), employers must provide the LMIA copy to the foreign worker. They need to apply for the work permit, submitting necessary documents such as a job offer letter, employment contract, copy of the LMIA, and LMIA number. The work permit processing fee is $155. The application processing time varies depending on the type of permit and the applicant’s place of residence.

Once the work permit of the foreign worker is approved, they will receive a letter of introduction. When the worker arrives in Canada, a border services officer at the port of entry will issue the actual work permit. If the worker is already in Canada, they will get a work permit by mail.

 

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