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Hiring a foreign skilled worker.
The Canadian government offers several immigration programs designed for hiring foreign workers.
To start the process, it is essential to know all the immigration methods available to employers.
We are experts in looking to hire workers throughout South America.
If you are a Canadian employer looking to hire foreign workers for your business, follow these essential steps to hiring temporary foreign workers:
1. Advertise the position.
Your company must advertise the position on the Government of Canada’s Job Bank and 2 alternative sources (one national and one local at scope). It is essential to carefully review the draft job advertisements to ensure that all required details are included.
2. Recruitment process
Your company must demonstrate genuine efforts to recruit Canadian citizens or permanent residents. Follow your usual recruitment procedures (collecting resumes, screening, selecting the best candidates for the interview and interview process), but make sure to document all your efforts.
3. Submit an application to ESDC
Your LMIA application can be submitted up to six months before the expected job start date. Your application package should include the following documents:
- LMIA application form for high-wage or low-wage positions.
-Documents showing that your business:
(a) has no past compliance issues;
(b) can fulfill all of the terms of the job offer;
(c) is providing a good or service in Canada;
(d) is offering employment that is consistent with the needs of your business.
- Proof of recruitment.
- Employment contract.
- Processing fee ($1,000/per worker), if applicable.
4. Pass an interview with ESDC
Next, you might have a phone call from interview with an ESDC LMIA officer. The purpose of the conversation is to confirm the LMIA application, review any changes that may have occurred since the submission, and discuss the recruitment campaign and its results.
5. Receive a decision from ESDC
After the interview, the ESDC will make a decision, usually within 10 days. Your decision will be emailed to you.
If you If the decision is positive, your foreign worker can start the work permit application process. If the decision is negative, and you believe that it is unreasonable, you may be able to ask a Program Manager to review that decision for correctness.
6. Work Permit application
The foreign workers you intend to hire can apply for work permits using the LMIA approval letter and Annex A.
You should also provide the worker with a signed employment contract and a Letter of Support for the Visa Office to support your worker’s work permit application.
Dear Canadian Companies.
If you want to know more about how to hire a foreign worker, contact us or visit our website Plan RH.
Plan RH specialized in international recruitment for workers from South America and French-speaking countries.
You can visit our website and fill out the candidates forms that you are looking for and we will help you to recrut one.
LMIA & WP
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.
A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.
If the employer needs an LMIA, they must apply for one.
Once an employer gets the LMIA, the worker can apply for a work permit.
To apply for a work permit, a worker needs
- a job offer letter
- a contract
- a copy of the LMIA, and
- the LMIA number
- The LMIA expiry date is the date by which the TFW must have applied for a work permit. If the TFW has not applied by that date, the LMIA is no longer valid and employers must apply for a new LMIA, if they still wish to hire a TFW
- The LMIA duration date is based on ESDC/Service Canada’s assessment of an application for an LMIA. It identifies the recommended length of time that a work permit could be issued to a TFW without negatively impacting the Canadian labour market
- The work permit expiry date is determined by IRCC when the TFW applies for a work permit. It indicates how long the TFW will be allowed to work and reside in Canada
No. Most employers do not have to include the worker’s name for ESDC/Service Canada to evaluate their LMIA application. However, these employers must continue to advertise the position to recruit Canadians or permanent residents until they have selected a TFW. They must provide the name of the TFW and other relevant information before the LMIA expires.
There are some exceptions, when employers are not able to apply for an unnamed LMIA . These exceptions depend on the stream the application is being submitted under and the province/territory where the job is located.
Yes it applies to all components of the Program across all provinces and territories, with the exception of SAWP.
Information
Compliance information for employers hiring temporary foreign workers.
Your obligations as an employer, you must:
meet the requirements of the:
Labour Market Impact Assessment (LMIA)
terms of the LMIA decision letter
annexes to the decision letter
keep all relevant records for 6 years beginning on the first day of the period of employment for which we issued the work permit, including:
documents related to the LMIA
documents related to the conditions set out in the IRPR
conditions outlined the LMIA decision letter and its annexes
inform us (through the Employer Contact Centre: 1-800-367-5693) right away of:
any changes or errors with an approved LMIA
changes in TFW working conditions
address any compliance issues and voluntarily notify us
Reasons for an inspection
Under the IRPR, we can inspect for the following reasons:
we suspect non-compliance
you were non-compliant before
random selection
a worker is or was subject to an order or rule under the Emergencies Act or the Quarantine Act
we find a communicable disease at the worksite
Consequences of non-compliance
If we find you non-compliant of a violation that occurred before December 1, 2015:
you are banned from the TFWP and the International Mobility Program (IMP) for 2 years
your business name, address and details of the violations(s) will be posted on an IRCC website
any pending LMIAs may receive a negative decision
we could suspend or revoke any LMIAs already issued
If we find you non-compliant for a violation that occurred on or after December 1, 2015, you could face:
a warning
penalties up to $100,000 per violation, to a maximum of $1 million per year
a permanent ban from the TWFP and IMP for the most serious violations
publication of your business name and address on an IRCC website with details of the violation(s) and/or consequence(s)
suspension or revocation of previously issued LMIAs
We determine results for violations that occur on or after December 1, 2015, based on a points system.
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