Foreign Workers
Employing foreign workers can be an essential part of a company's business strategy. Foreign workers can fill labour shortages in Canada and bring new skills and knowledge to help the region’s economy grow. The important thing to remember is that government expects Canadian citizens to get a chance at any jobs available in Canada.
Human Resources and Skills Development Canada (HRSDC)/Service Canada assess what impact the entry of foreign workers would have on Canada’s labour market or, in other words, how the entry of foreign workers would affect Canadian jobs. It issues Labour Market Opinions. Foreign governments assist in the recruitment and selection of foreign workers, make sure workers have the necessary documents, maintain a pool of qualified workers and appoint representatives to assist workers in Canada.
Citizenship and Immigration Canada (CIC) makes the final decision as to whether individual foreign workers will be allowed to enter and work in Canada. It issues work permits. For further information visit CIC’s Website. The Canada Border Service Agency screens foreign workers at border crossings and airports. It can deny entry to foreign workers if it believes they do not meet the requirements of the Immigration and Refugee Protection Act and Regulations.
There are 2 kinds of workers accessible from outside of Canada:
- temporary foreign workers and
- Permanent workers (otherwise called immigrants).
A. Temporary Foreign Workers:
In 2004, Citizenship and Immigration Canada admitted 90,668 temporary foreign workers into Canada. The process for hiring a temporary foreign worker can fill worker demand quickly via the temporary foreign worker program. In almost all cases, foreign workers must have a valid work permit to work in Canada. Later, temporary foreign workers wanting to stay in Canada permanently can be recommended for permanent status through one of the immigration programs, subject to their acceptability. Both skilled and low-skilled workers from other countries can be accessed through the foreign worker program, subject to the following conditions:
- that there has been an attempt to recruit Canadians first;
- that hiring is in occupations identified as having worker shortages; and
- that foreign workers be qualified to do the work (especially important in regulated occupations, such as certified trades).
There are several ways your company can hire a skilled, unskilled and youth temporary foreign workers to work in Canada: Temporary Foreign Worker Program; Low Skilled Temporary Foreign Workers; Young Workers Exchange Program and Working Holiday Program.
Steps to hire a temporary foreign worker:
I. Temporary Foreign Worker Program: Apply for temporary a foreign worker agreement with Service Canada and with Citizenship and Immigration Canada. The steps to hire a temporary foreign worker:
1. Attempt to recruit a Canadian worker. The government wants to make sure that Canadians get a chance to fill any jobs available before a foreign worker. Document your recruitment activities.
2. Recruit a temporary foreign worker by advertising directly, or using a recruitment service.
3. Make the job offer. (Check with Service Canada for a job offer using a form called a Foreign Worker Application or call Service Canada at 1-800-418-4446. Document your recruitment activities. Make your advertisements broad and if you will accept equivalencies, say so. Make sure you are offering a competitive wage. Ensure the foreign worker meets the requirements in the job description.
Tip: if your company chooses to use a foreign worker recruitment service, select a certified immigration consultant with the Canadian Society of Immigration Consultants.
3. Prepare a Labour Market Opinion by working with Service Canada (refer to
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/stats/index.shtml ) Following an employer’s application, a labour market opinion (LMO) is issued by Human Resources and Skills Development Canada (HRSDC)/Service Canada. This LMO is provided to Citizenship and Immigration Canada (CIC) and communicated to the employer. An LMO assesses the likely impact that hiring a temporary foreign worker (TFW) will have on the Canadian labour market and is required in some cases to complete a work permit application.
Service Canada uses the National Occupational Classification system (NOC) to compare job duties, wages, and labour market trends for labour market opinions. See information on NOC athttp://www.hrsdc.gc.ca/eng/workplaceskills/noc/index.shtml.
Not all TFWs require an LMO to obtain a work permit. A number of exemptions exist, including those provided for in the General Agreement on Trade in Services and the North American Free Trade Agreement. (Expect this process to take about 3 weeks).
4. The foreign worker candidate must also apply for a work permit to work in Canada in his home country through the Canadian embassy, high commission, or consulate. Work permits are issued by Citizenship and Immigration Canada (CIC) http://www.cic.gc.ca/english/index.asp. Fees for a work permit are $150. If needed, a Temporary Resident Visa will be included with the work permit. Temporary foreign workers from many countries including Germany and the UK do not need temporary resident visas. The candidate may also need a medical exam (if he will be working with children or in the health sector) and a police certificate (security check). A medical exam can take up to 3 months.
The foreign worker gets a Social Insurance Number that begins with "9". The contact is Service Canada http://www.servicecanada.gc.ca/eng/sc/sin/index.shtml
5. In certified occupations foreign workers will need to write an exam for their qualification Certificate within 6 months of starting work in Canada. There is a cost to the initial assessment and a cost for writing the exams. In unregulated occupations (like meat cutter, carpenter, heavy equipment operator, etc.), the Employer assesses acceptability of the candidate's qualifications.
8. Employing the temporary foreign worker permanently, will require making application through the Provincial Nominee Program. This will allow the worker to immigrate to Canada.
You must apply well before the current work permit expires.http://www.immigration.gov.sk.ca/sinp
NOTE: Special criteria apply if you hire foreign workers in some other industry sectors and occupations including:
II. Low Skilled Temporary Foreign Workers There is a Service Canada pilot project to hire low-skilled foreign workers. Hiring Foreign Workers in Occupations that usually require a High School Diploma or Job-Specific Training" through Service Canada. Low -skilled occupations are those in the National Occupation Classification (NOC) system codes C and D including: trades helpers; labourers; machine operators in metal, chemical, plastic or wood processing; truck drivers; heavy equipment operators, operators in oil and gas, or agricultural workers. Low-skilled foreign workers may work in Canada for up to a year under this program. Steps for Employers
1. Refer to the “Pilot Project to Hire Foreign Workers in Occupations that Usually Require a High School Diploma or Job-Specific Training" at Pilot Project for Occupations Requiring Lower Levels of Formal Training
2. Service Canada expects you to try recruit Canadian youth, aboriginal people, recent immigrants and Canadians in areas of high unemployment and to use government employment programs (like Job Boards). Document your recruitment efforts.
3. Find a temporary foreign worker. Advertise directly, using a foreign worker recruitment service.
4. Make the job offer.
5. Work with Service Canada to get a labour market opinion. The form you need is called Foreign Worker Application. Required to: consult with the local union (covered under a collective agreement); cover all recruitment costs related to the hiring of the foreign worker; assist the worker(s) with finding suitable, affordable accommodation; pay full airfare for the foreign worker to and from their home country; provide medical coverage until the worker is eligible for provincial health insurance coverage; register your worker under the appropriate provincial workers compensation/workplace safety insurance plans.
6. Foreign worker must apply for a work permit from his closest Canadian embassy, high commission or consulate. Work permits are issued by Citizenship and Immigration Canada (CIC). Fees for a work permit are $150. The worker may be issued a Temporary Resident Visa if required and may have to get a medical exam and a police certificate.
7. The foreign worker gets a Social Insurance Number that begins with "9".
HIRING SEASONAL AGRICULTURAL WORKERS
Agricultural foreign workers can also help meet producer meet labour needs during peak agricultural periods when Canadian workers and permanent residents are not available. Seasonal agricultural workers from Mexico and certain Caribbean countries can be hired through the Seasonal Agricultural Worker Program (SAWP). Under the program, workers from Mexico, Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent, and Trinidad and Tobago can be hired subject to offering a minimum of 240 hours of work within a period of six weeks or less, for a maximum duration of eight (8) months between January 1 and December 15. Guidelines for Hiring Seasonal Agricultural Workers under SAW:
- Undertake recruitment efforts to recruit Canadians or permanent residents.
- Provide a human resources plan (eight weeks before the worker starts) describing efforts made to hire unemployed Canadian workers and permanent residents through HRSDC/Service Canada and provincial employment programs.
- Include in the advertisement the employment conditions (i.e., duties, wages and working conditions) that will be offered. These advertised conditions must be the same as those offered to a temporary foreign worker.
- Offer the wage rate paid to Canadian agricultural workers doing the same work or the prevailing wage rate set by HRSDC/Service Canada, whichever is higher. In a unionized environment, pay the wage rate established under the collective agreement.
- Pay for round-trip airfare to bring the foreign worker from the source country to Canada and ground transportation to the place of work (a portion of this cost can be recovered through payroll deductions in all provinces except British Columbia).
- Pay the worker’s immigration visa cost-recovery fee, which can be recovered through payroll deductions.
- Provide free seasonal housing that has been approved by the appropriate provincial/municipal body or private inspection service.
- Register the worker with workers' compensation and a private or provincial health insurance plan, whichever is applicable.
- Make payroll deductions and submit remittances to Royal Bank of Canada Insurance for supplemental health coverage for Mexican workers.
- Prepare and sign an employment contract (seehttp://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_forms.shtml#H02) outlining wages, duties, and conditions related to the transportation, accommodation and health and occupational safety of the foreign worker.
Transfer of Seasonal Agricultural Workers -
Transferring a worker from one farm to another is allowed with the worker’s consent and prior written approval from HRSDC/Service Canada and the foreign government representative in Canada. Mexican workers: This provision is included in the Mexican contract. Caribbeanworkers: The employer and worker must sign a transfer contract. For more information on:Seasonal Agricultural Worker Program...; Employers’ responsibilities and workers’ rights...; How workers apply for a work permit...
HIRING LIVE-IN CAREGIVER WORKERS
Employing foreign live-in caregivers when Canadian workers or permanent residents are not available, can help families care for children, the elderly or persons with disabilities.
Employers who want to hire live-in caregivers must apply to Human Resources and Skills Development Canada/Service Canada for a labour market opinion. A Labour Market Opinion assesses what impact hiring a foreign worker would have on Canada's labour market.
A foreign live-in caregiver who wants to work in Canada must have received a job offer from a Canadian employer and apply to Citizenship and Immigration Canada (CIC) for a work permit. The caregiver's application must include proof that the employer received a positive Labour Market Opinion from Service Canada.
Live-in caregivers who want to extend their stay in Canada must apply to Citizenship and Immigration Canada for an extension to their work permit. They can apply for a permanent resident visa if they worked in Canada for 24 months within a 36-month period.
III. Young Workers Exchange Program This program is appropriate if you have a job vacancy that can be filled by a skilled, young, German worker (18-35 years of age) for a period of one year. It is an arrangement between the employment department of the German government (ZAV) and the Canadian government. After attempting to recruit a Canadian worker, advise ZAV of the vacancies in your company by completing an employment offer form available directly through ZAV. ZAV can help you find an appropriate worker but you may also want to advertise directly in Germany. The worker must be qualified. Candidates are issued a work permit through ZAV and the Canadian Embassy in Germany. In certified occupation foreign worker will need to write an exam for their qualification Certificate within 6 months of starting work in Canada. There is a cost to the initial assessment and a cost for writing the exams. If the candidate will work in an unregulated occupation (like meat cutter, carpenter, heavy equipment operator, etc.), it is up to the Employer to assess acceptability of the candidate's qualifications.
IV. Working Holiday Programs Young people from many countries can come and work in Canada for up to one year. Thousands of young people come to Canada each year on working holiday visas that allow them to visit and work in Canada for up to one year. Countries with which Canada has working holiday arrangements for people aged 18 - 30 include: Australia, Austria, Belgium, Finland, France, Germany, Ireland, Japan, Republic of Korea, Netherlands, New Zealand, Sweden and United Kingdom.
Steps for Employers
1. Recruit a foreign worker - advertise directly in the country of your choice or find a person who is already in Canada with a working holiday visa.
2. Hire a young person who has a work permit under this type of program who will require a Social Insurance Number that starts with a "9". Please note that the work permit is usually limited to one year.
3. In regulated occupation (i.e. a certified trade) worker must possess proper qualifications.
4. You must pay mandatory employment benefits, worker's compensation, and health care benefits as you would for a Canadian employee.
B. Permanent Skilled Workers: Saskatchewan Immigrant Nominee Program (SINP)
The Saskatchewan Immigrant Nominee Program (SINP) can provide an alternate means of entry into Canada. It allows Saskatchewan to nominate applicants, who qualify under criteria established by the province, to the federal government for landed immigrant status. Under the Provincial Nominee Program provincial governments choose immigrants according to the economic needs of the province. Employers can make a business case and apply for approval to recruit a specified number of foreign candidates or apply to nominate someone working as a temporary foreign worker. The other method is to have the candidate go through the Skilled Worker program at Citizenship and Immigration Canada. Skilled workers are assessed on a selection grid that includes points for education, experience, language proficiency, etc. This program (refer to SINP at http://www.immigration.gov.sk.ca/sinp)
- The ability to select applicants whose skills and abilities best fit the province's needs;
- Application processing times that are faster than other federal immigration classes; and
- Assistance from Provincial Immigration Officers who are readily available to explain program requirements and processes.
The foreign worker will be required to apply for a Permanent Resident Visa through Citizenship and Immigration Canada and complete the forms "Application for
Permanent Residence in Canada" along with Schedule 4 for "Provincial Nominees" and meet other requirements for immigration including medical checks, security checks, and
proof of sufficient funds. Immigration fees for processing and permanent residence are $1525. The worker will need to apply for a Social Insurance Number to work in Canada.
(See SINP Procedural Guidelines - Effective October 1, 2009)
The SINP works through Government of Canada embassies and consulates around the world and does not engage the exclusive services of any agencies or representatives in any jurisdictions. SINP applicants may choose to engage the services of an immigration consultant or not.
This category is for skilled workers, professionals or managers who have a full-time, permanent job offer from a Saskatchewan employer. It is divided into three sub-categories: Skilled Workers/Professionals, Critical Occupations and Existing Work Permit.
The Saskatchewan Immigrant Nominee Program (SINP) has launched a new process for the Entrepreneur Category that will improve processing times, attract investment and foster the creation of more jobs in Saskatchewan
This category is for immigrant families living in Saskatchewan who want to help their family members live and work in the province. Supporting family members must provide settlement assistance to applicants and their dependents, which may include financial support.
This category is for individuals with proven experience in farming and substantial capital available to invest in a farming operation that intend to purchase and operate a farming operation in Saskatchewan.
This category allows internationally-trained health professionals, who have been working in Saskatchewan for at least six months under a temporary work permit, to apply for landed immigrant status under the SINP. It is divided into three sub-categories: Physicians, Nurses and Other Health Professions.
Under the Hospitality Sector Project the SINP can nominate foreign workers that are currently working in Saskatchewan in one of the following categories: Food/Beverage Server; Food Counter Attendant/Kitchen Helper; or Housekeeping/Cleaning Staff.
This category allows Saskatchewan trucking firms to bring workers to the province for occupations requiring a high school diploma or on-the-job training under Service Canada's Temporary Foreign Worker policy.
This category allows students who have graduated from a recognized, post-secondary educational institution in Canada and worked for at least six months for a Saskatchewan employer under a CIC post-graduation work permit in any field to apply for landed immigrant status under the SINP.
MORE INFORMATION ON LABOUR MARKET OPINIONS (LMO’s)
A LMO may be revoked prior to the issuance of a work permit under the following circumstances:
- The application included false or misleading information; or
- New facts come to light subsequent to the date of the issuance of the opinion that would have affected the assessment of the application and that, in turn, change the opinion that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada; or
- The opinion was based on a mistake as to some material fact.
The revocation of a LMO decision is based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the six factors listed under section 203(3) of the Immigration and Refugee Protection Regulations.
When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire temporary foreign workers.
Special Conditions:
Under the Immigration and Refugee Protection Act (IRPA), there are special cases when you do not need an HRSDC/Service Canada Labour Market Opinion to hire a foreign worker, and/or the foreign worker may not need a Citizenship and Immigration Canada (CIC) work permit.
- Learn about occupations that are exempt from the HRSDC/SC Labour Market Opinion.
- Learn about occupations that are exempt from the CIC work permit.
