Is your company stagnating? Are you having trouble meeting demand because you can’t find skilled labor here in Langley?
It may be time to tap into the global talent pool! Our immigration law firm can help you bring foreign-born workers to Canada so that you can take your business to the next level.
Here’s an overview of our employer-assistance services.
Hiring Temporary Workers
Your first step will be to complete a Labor Market Impact Assessment, or LMIA. You must prove to the Canadian government that you did everything you could to recruit and hire Canadian citizens or permanent residents, that the proposed position meets all provincial labor market standards, and that you have a long-term plan for hiring Canadian workers.
If you plan to offer a low-wage temporary position you must show the government that you’ve met certain prerequisites, such as ensuring that the employee can access affordable housing and providing the employee with a contract to protect that employee’s safety.
It can take up to six months for your LMIA to get approved. During that time you will still need to advertise the position in Canada’s job bank and in two alternate sources.
We can help you meet all the requirements so your LMIA is approved and you can get on with hiring the employees you want to hire. We’ll help you compile the appropriate evidence that you’ve met your requirements under the law and help you through any interviews the ESDC may require.
The International Mobility Program: No LMIA Required
The International Mobility Program lets you bypass the LMIA. There are several ways you can do this.
One is by hiring workers who have attained an open work permit on their own. Another is by taking advantage of certain programs, like the International Experience Canada (IEC) program, which targets individuals between the ages of 18 and 35 who want to travel and work in Canada.
We can help you prove that the job you want to offer or the worker you want to hire qualifies for an LMIA exemption. You will then have to submit the official job offer through the IMP Employer Portal.
Other Exceptions to the LMIA
Some professions do not need an LMIA, including:
- Aviation accident inspectors
- Civil aviation inspectors
- Clergy members
- Convention organizers
- Emergency service providers
- Examiners and evaluators
- Expert witnesses and investigators
- Health care students
- Judges, referees, and other sports officials
- Military personnel
- News reporters and media crew members
- Performance artists
- Public speakers
Hiring Permanent Workers
If you are targeting highly skilled workers and intend to bring them on indefinitely then there are multiple pathways through which this can be done. The Federal Express Entry program, the British Columbia Provincial Nominee Program, and the Atlantic Immigration Pilot all offer pathways for your chosen employees to come into the country.
You will need to target jobs and create roles that have been identified as shortage roles and which qualify for one or more of these programs.
You can hire foreign workers residing outside of Canada on either a temporary basis after a successful LMIA or on a permanent basis once they have an appropriate work permit. In many cases you will be able to direct your prospective employees to the Express Entry program, the Provincial Nominee Program, or the Atlantic Immigration Requirement.
Hiring International Students
When you hire students who have come into Canada to study then you know you’re hiring some of the finest students in the world.
You have several options. Co-ops and internships may be offered to international students while they’re still studying. Once the student has graduated, they may apply for a post-graduate work permit (PGWP). As soon as they submit the application they can accept your job offer. Your job offer may also allow a post-graduate to apply for a closed work permit.
Often, helping these students navigate the permanent residency process helps to secure both their labor and their loyalty.
Taking Advantage of Trade and Reciprocal Employment Agreements
Does your company have multiple branches around the world? If some of those branches are in the United States or Mexico then you can move employees around via intra-company transfers without having to worry about LMIAs or work permits.
Certain reciprocal provisions also allow foreign workers to take employment in Canada “when Canadians have similar reciprocal opportunities abroad.”
Your company must demonstrate that the reciprocity exists.
Processing Foreign Worker Applications
You can process a foreign worker’s application the same way you process any application, but you must ensure that you’ve followed all the appropriate steps for opening your position up to foreign employees before you extend the job offer. In addition, you must verify that the employee has an appropriate work visa and put a copy of that visa on file before the employee starts work.
Employer Responsibilities after Hiring Foreign Workers
When you have foreign workers in your employ it’s important to have a process for ensuring their work permits are up-to-date so that your company remains in compliance with Canadian immigration law.
In addition, you must make the requisite deductions from the employee’s paycheck. This includes Canadian Pension Plan (CPP) deductions that would be made exactly the same way you’d make them for a Canadian employee.
In some instances you will be required to provide housing for your employees directly. This is most common with agricultural concerns hiring temporary foreign workers but may apply to other issues as well.
Finally, you must ensure that your workplace meets the health and safety standards as outlined under Canadian law, that you are paying wages fairly, and that you are offering break time and time off in accordance with Canadian law.
Get Help from Top-notch Immigration Attorneys.
Hiring foreign workers can vastly benefit your business, but it is a complex legal process. Our team has decades of experience helping innovative Canadian businesses build their workforce with the help of the global talent pool.
We even have attorneys who speak Mandarin and Punjabi, thus facilitating the process of hiring experts out of China or India.
Contact us to make an appointment today. We are happy to set up a video chat appointment if you require one!