Hiring foreign worker Canada

Hiring foreign worker Canada

Hiring foreign worker Canada
Hiring foreign worker Canada

Hiring foreign worker Canada

Canada is one of the key work destinations among foreign residents. Indeed, Canadian employers tend to hire foreign workers when local professionals cannot fill the position. Hiring foreign worker Canada, the employer ought to decide whether they offer a temporary or permanent job.

Bring Foreign Worker Canada Temporarily

Hiring foreign worker Canada temporarily, employers need to find out whether they need an LMIA. This document verifies that there is no Canadian worker available to do the offered job. To check the necessity of LMIA, Canadian employers must do one of the following steps.

  1. They should study the LMIA exemption codes and work permit exemptions. If an exemption code applies to the offered job position, the employer needs to include it in the offer of employment.
  2. Employers ought to contact the International Mobility Workers Unit if they are hiring foreign worker Canada temporarily who is a citizen of a visa-exempt country and currently lives abroad.

If the employer needs an LMIA, they ought to apply for the Temporary Foreign Worker Program (TFWP). The stream allows hiring foreign worker Canada to fill labor and skill shortages. Under the TFWP, foreigners can perform high-wage and low-wage jobs. It depends on whether the salary is below or above the prevailing wage in the province of employment.

Hiring foreign worker Canada for high-wage or low-page positions, employers must submit the LMIA application at least six months before the expected job start date. To apply for LMIA Canada online, employers should have a valid Job Bank user account for authentication. Then, they need to complete the Labor Market Impact Assessment application form for high-wage positions (EMP5626) or Labor Market Impact Assessment application form for low-wage positions (EMP5627), submit proof of business legitimacy, provide proof of recruitment, pay the processing fee of 1,000 CAD, prepare the supporting documents, and send application package for hiring foreign worker Canada to the appropriate Service Processing Center.

Hiring foreign worker Canada for low-wage positions, employers also should complete the Employment Contract. Employers who are hiring foreign worker Canada under the two-year pilot for meat processors ought to complete Schedule L: Two-year Employment Duration for Meat Processors Pilot.

For hiring foreign worker Canada under the Seasonal Agricultural Worker Program (SAWP), the employer’s specialization should be on-farm primary agriculture and in specific commodity sectors, such as tobacco, bovine, and seed corn. Also, prospective workers ought to be citizens of Mexico, Antigua and Barbuda, Anguilla, Dominica, St. Kitts-Nevis, Jamaica, Barbados, Montserrat, St. Lucia, Grenada, St. Vincent and the Grenadines, Trinidad, or Tobago. The Seasonal Agricultural Worker Program has the following requirements.

  1. Employers need to authorize on LMIA online platform.
  2. They should agree to the Requirements of the SAWP.
  3. Employers ought to comply with the Wages and working conditions of the province or territory of employment.
  4. They should submit proof of job position advertisement.
  5. Employers need to provide proof of business legitimacy.
  6. They ought to complete an LMIA application form (EMP5389).
  7. Employers must submit the housing inspection report.

To qualify for the Agricultural Stream, the employer’s business activity should be related to on-farm primary agriculture. Hiring foreign worker Canada under this stream, employers must follow several steps.

  1. They need to be authorized on the LMIA online platform.
  2. Employers must meet the requirements of the stream.
  3. They ought to fulfill the wages and working conditions of the province or territory of employment.
  4. Employers should provide proof of job position advertisement.
  5. They must complete the LMIA Application form (EMP5519) and Employment contract (EMP5510).
  6. Employers need to submit proof of business legitimacy.
  7. They ought to provide the housing inspection report.

If the employer is an LMIA-exempt and the foreigner qualifies for an open work permit, they can apply for the International Mobility Program (IMP). The open work permit LMIA exemption categories include family members of foreign representatives and military personnel, spouses and common-law partners of international students and foreign workers, inland permanent residence applicants in spouses and common-law sponsorship class, inland permanent residence applicants, open work permits for vulnerable workers, professional athletes, refugees, humanitarian reasons, occupation-restricted open work permits for caregivers, bridging open work permits, post-secondary and secondary co-op applicants, post-graduation work permit applicants, Canada World Youth Program applicants, and International Experience Canada (IEC): Working Holiday participants.

Hiring foreign worker Canada
Hiring foreign worker Canada

For hiring foreign worker Canada under the IMP, the employer ought to fulfill several steps.

  1. They should pay the employer compliance fee of 230 CAD.
  2. Employers must create and submit an offer of employment form through the Employer Portal. The job offer needs to include information about their business, the foreign worker they want to hire, the job details, wage, and benefits.
  3. They ought to provide the offer of employment number to the prospective worker so they can apply for the open work permit.

Hiring Foreign Worker Canada Permanently

When the employer cannot find a local professional to fill a permanent job, they can use the Express Entry Stream. Hiring foreign worker Canada through Express Entry can benefit an employer because it allows them to have a direct role in recruiting skilled workers, be matched with candidates through Job Bank, and apply for a free LMIA.

Express Entry is a system used to manage applications for the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. If the employer is hiring foreign worker Canada under Express Entry, they can access candidates through any of these options.

  1. Employers can find a prospective foreign worker who is ready to create an Express Entry profile.
  2. They can use private sector job boards.
  3. Employers can use Provincial Nominee Programs.
  4. They can use the Job Match service of Canada’s Job Bank. It connects eligible employers with Express Entry candidates.

Hiring foreign worker Canada under Express Entry, employers also need to apply for LMIA. Those who support a foreigner’s application for a permanent resident card do not need to pay the LMIA processing fee.

  1. Employers should authorize on LMIA online platform.
  2. They ought to complete the LMIA application form (EMP5593) and include the name of the foreign national they want to hire.
  3. Employers need to provide Schedule D – Skilled trades job offer – Employer #2 (EMP5595) if required.
  4. They must submit the job offer signed by the employer and prospective worker.
  5. Employers ought to submit proof of business legitimacy.
  6. They should show proof of advertisement.

Hiring foreign worker Canada
Hiring foreign worker Canada

Still, Canadian employers do not need an LMIA in two cases.

  1. The candidate is already working temporarily in Canada under the National Occupational Classification (NOC) Skill Type 0, A or B job for the employer who supports their work permit application with an LMIA and now wants to extend their job offer.
  2. The candidate is currently working temporarily in Canada, has a valid work permit under NOC Skill Type 0, A or B, and has one year of full-time work experience or an equal amount of part-time work for the employer’s company. They are also exempt from an LMIA under an international agreement (such as the North American Free Trade Agreement), a federal-provincial agreement, or the Canadian interest category.

Hiring foreign worker Canada, employers need to submit a relevant job offer. Offers of employment have different requirements depending on the Express Entry program. For the Federal Skilled Worker Program, a valid job offer must be for at least one year under the NOC Skill Type 0, A, or B.

Bringing foreign worker Canada under the Federal Skilled Trades Program, a valid job offer must be for at least one year of full-time work under the NOC Skill Type B.

For the Canadian Experience Class, an offer of employment is not required, but prospective workers can get additional points under the Comprehensive Ranking System for an offer of employment. Hiring foreign worker Canada under this stream, the job offer must be for at least one year under the NOC Skill Type 0, A, or B.

 

 

In case, if you need help with bringing foreign worker Canada & LMIA application for your business and work permit application for future employee, please fill in application below or contact us directly.

 

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