Hiring Foreign Workers in Canada
Hiring Foreign Workers in Canada
The primary indicators of a developed state in the twenty-first century are globalization and innovation. The Canadian government recognizes the significance of this. As a result, the federal and provincial governments are working to improve their legislation in order to provide a clear and transparent legal environment for creative and inventive people, including foreign nationals, who desire to move to Canada. Therefore, they have introduced International Mobility and Temporary Foreign Workers programs. To begin the process, businesses must be aware of all of the immigration options available to them. Every year, Canada welcomes hundreds of thousands of international employees. The great majority of them are required to obtain a work permit in Canada to carry out legal work in the territory of this country. To immigrate to Canada, a foreign worker must select a suitable immigration program, which entails acquiring permanent resident status after a person arrives. Depending on the form of immigration, a human being will need to gather the necessary papers and apply for a visa. Citizenship is granted after three years of continuous residency in Canada. This article will provide more detailed information about the available options for Canadian employers who would like to hire foreign workers.
Hiring Foreign Workers in Canada: Temporary Foreign Worker Program
The Program is a government of Canada initiative that permits Canadian companies to hire foreign workers. People hired via the program are known as temporary foreign employees, and they are permitted to work in positions that are not filled by Canadians.
In most cases, hiring overseas employees with a Temporary Work Permit is the quickest choice. It may take weeks or even days between when an employer makes the job offer and when potential candidates may start working in Canada. The hiring parties can use the Temporary Foreign Worker Program or the International Mobility Program to employ people from other countries.
There are four categories available under TFWP: high and low-skilled workers, seasonal agricultural workers program and live-in caregivers. Each category has its requirements both for employers and employees. The former must provide evidence that a foreign temporary worker is irreplaceable and essential for the company due to his or her skills and experience. For TFWP, to hire foreign workers, it is essential to get a work permit and a Labour Market Impact Assessment (LMIA). The LMIA is a document that Canadian companies must have in order to recruit an employee from overseas in the majority of instances. A positive LMIA indicates that the employer is unable to recruit qualified individuals in his own country and must hire foreign workers. An LMIA must be applied for by the employer.
However, there are cases when a foreign worker does not need an LMIA, but a human being is exempt from the assessment. These conditions include the signed Free Trade Agreements such as GATS, CUSMA, Korea or Colombia FTAs, etc. Canadian companies can hire foreign workers from the United States, Mexico, and other countries that have signed agreements with Canada who can travel to Canada to work or do business without having to go through specific formalities or paperwork. The Canada-United States-Mexico Agreement (CUSMA), for example, permits skilled employees, business persons, and investors to enter Canada without having to go through the traditional labour market impact assessment (LMIA). If they are not CUSMA investors, CUSMA work permit applicants who arrive directly from the United States can apply at a port of entry (POE). CUSMA professionals, intra-company transferees, traders, and investors are the four different sorts of CUSMA categories. Each category has its own set of criteria for selection.
Also, a special policy has been issued for the residents of Hong Kong that provides an opportunity to hire foreign workers from there and let them immigrate to Canada due to the political situation in the country. All of the exemptions are targeted at the simplification of the process for hiring foreign workers who can bring a positive impact on the Canadian economy. Therefore, some exemptions consider foreign workers agreements between Canada and provinces that include significant investments provisions. Being LMIA exempt, special attention is paid to the groups that represent Canadian interests including significant benefit for the country, reciprocal employment, charitable or religious work and academic research participants. This means that the employer can prove that the person will bring important social, cultural and/or economic benefits to Canada. This may include: 1) general category: self-employed engineers, technicians, creative people and artists, etc. 2) internally transferred workers within one company with specialized knowledge - only those who will benefit Canada with their skills and experience. 3) workers on the Mobilité francophone program. Volunteers are excluded from the charitable work program and cannot be considered under the Canadian interests section.
Also, there are exemptions for humanitarian purposes and vulnerable employees. The full list with the exemption codes is available on the website of the Canadian government. It will help both applicants and companies to understand if it is possible to hire foreign workers without LMIA.
Hiring Foreign Workers in Canada: International Mobility Program
Employers can hire foreign workers to fill temporary labour and skill shortages under the International Mobility Program (IMP), which does not need a labour market impact assessment (LMIA). Depending on the program and direction, work permits issued under the IMP might be open or closed. Persons subject to the provisions of Canada's free trade agreements, numerous types of entrepreneurs or self-employed people, exchange scholars, spouses of skilled employees and foreign students, intra-company transferees, and other people may be eligible for such work visas.
Unlike the Temporary Foreign Worker Program (TFWP), the International Mobility Program is primarily focused with meeting Canada's wider economic and social needs. Global Talent Stream (GTS) and Post-Graduation Work Permit are also part of the program (PGWP) that allow companies to hire foreign workers.
The Global Talent Stream Program is for technical professionals who are employed for highly specialized crafts or work for specific firms. GTS has the advantage of processing applications in a two-week time frame. In the same month, companies can hire foreign workers who are real talents and invite them to work in Canada.
The Post-Graduation Work Permit Program allows international students to work in Canada for up to three years, which is highly valued when seeking permanent residency under Canada's Express Entry immigration system. PGWPP has been available to foreign students who were studying online fall 2020 semester. Normally, online education does not meet PGWP criteria, but due to the pandemic's unprecedented school closures, Immigration Canada has made an exception for students of 2020.
There is also the International Mobility Workers Unit that is a governmental service that assists to hire foreign workers and provides advice to companies interested in recruiting international workforce from visa-exempt countries who are already outside of Canada.
In most circumstances, to hire foreign workers a business must pay a $230 employer compliance fee and submit an offer of employment form through the Employer Portal to engage a potential employee under the International Mobility Program. The job offer must include information about the firm, the foreign worker the company wishes to hire, and the job specifications (including wage and benefits). A hiring party receives an employment number after submitting the form, which is required for the candidate to complete the work permit application. If the application is granted, a Canadian border services officer will provide the temporary worker with a letter of introduction and a work visa if they are still qualified when they arrive in Canada, or a new work permit if the applicant already lives in the country.
Hiring Foreign Workers in Canada: Express Entry
Canada established Express Entry, one of the most sophisticated immigration procedures that let local employers hire foreign workers, in January 2015. The system's objective is to use the so-called pool to pick highly qualified immigrants more efficiently and quickly. The Comprehensive Ranking System (CRS) is the foundation of Express Entry, and it assesses candidates based on their profile information. Express Entry is an online database via which Canada collects all individuals seeking to migrate to Canada for permanent residency and invites chosen applicants to apply for permanent residence through the Canadian Department of Immigration. Each participant is graded on a range of variables and given a personal score (work experience, education, language knowledge, etc.). Every two weeks, the government invites the highest-scoring applicants. Applicants with the highest scores receive an automatic invitation letter to submit a full package of papers – an Invitation To Apply (ITA), which is based on a detailed rating system. Candidates must submit an online application and any supporting documentation within 60 days of being invited. In the system database, the maximum residency term is 12 months. The profile will need to be re-created if the applicant does not get the Invitation To Apply within this time frame.
Express Entry allows potential overseas employees to contact directly with potential Canadian employers without the use of intermediaries so that Canadian businesses can hire foreign workers. The system is not an immigration program in and of itself; rather, it is an electronic tool that the Government of Canada uses to choose candidates for immigration to Canada under the following immigration programs: Federal Skilled Worker, Canada Experience Class, Federal Skilled Trades Program.
Essential to notice both companies and potential candidates must follow all the federal and provincial rules, as well as fulfil their employer compliance duties. The chosen candidates must fit the general requirements such as having no criminal records and having a good history. If the rules of the programs mentioned above are strictly followed by both parties, an employer and potential employee, then it is quite possible to hire foreign workers without any troubles.
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