Recruitment of foreign workers in Canada

Q: Provincial Nominee Programs

This program is designed for workers who: Have the skills, training and experience to contribute to the economic development of a particular province or territory; Wish to reside in that province; Wish to become a permanent resident of Canada;

Recruiting foreign workers to Canada is a process that involves several steps, including obtaining a valid job offer, applying for a work permit and completing a criminal background check. However, it is essential for many employers, who may recruit foreign workers to fill labour shortages or to fill positions for which they cannot find qualified candidates in Canada.

Work with Patrick Jacques to recruit foreign workers to Canada

The Government of Canada may require employers to meet certain conditions, such as publishing the job offer for a certain period of time, before granting a work permit to a foreign worker. Patrick Jacques is an expert in immigration to Canada, and will help you through the recruitment of foreign workers in Canada.

How can an immigration lawyer help companies recruit?

An immigration lawyer can help companies recruit foreign workers to Canada by providing valuable assistance in the recruitment process. They can provide services that include:

1. advice on immigration regulations

Immigration regulations are complex and constantly changing. An immigration attorney can provide advice on the latest regulations and how to comply with them.

2. assistance in submitting a job application

The job offer is a key component to the foreign worker recruitment process. An attorney can assist companies in submitting a proper job application that complies with immigration regulations.

3. Conduct an LMIA in accordance with applicable standards

The LMIA is a document that outlines the impact that the recruitment of foreign workers may have on the Canadian labour market. An immigration lawyer can conduct a standard LMIA to assist companies in obtaining work permits for foreign workers.

4 Assistance in submitting a work permit application

A work permit is required to work in Canada as a foreign worker. An immigration lawyer can assist companies in submitting a complete work permit application that complies with immigration regulations.

5 Tips for navigating the potential challenges of the foreign worker recruitment process

The foreign worker recruitment process can be filled with challenges, such as extended processing times, requests for additional information or application denials. An immigration attorney can help businesses navigate these challenges and resolve them efficiently.

Are you a business? The services of an immigration attorney will help you navigate the foreign worker recruitment process.

Why hire foreign workers in Canada as a Canadian business?

Canadian companies may choose to hire foreign workers for several reasons, including

Take advantage of specialized skills

Foreign workers can bring specialized skills and knowledge that are not available in the local labour market. For example, if a company needs someone who speaks a foreign language to connect with international customers, they can hire a foreign worker who speaks that language.

Increase the diversity of your company

Foreign workers can bring cultural and linguistic diversity that can enhance a company's ability to connect with international customers. This can be especially important for companies looking to expand their international reach.

Expand Your Workforce

Companies can strengthen their workforce by recruiting skilled foreign workers to fill labor shortages in certain industries. For example, if a company needs skilled personnel for computer or engineering positions, it can recruit skilled foreign workers in those areas.

Prepare for international expansion

Companies can build international connections by hiring foreign workers who can help them connect with foreign customers or partners.

The importance of an immigration lawyer for the recruitment of foreign workers in Canada

A lawyer can assist Canadian businesses in recruiting foreign workers by completing the paperwork to obtain the required work authorizations, providing advice on immigration regulations, and representing the business in any immigration-related litigation. The attorney can also help negotiate labor agreements and address issues of employer and worker rights protection.

An immigration attorney is there to support you and facilitate the process of recruiting foreign workers for your business.

Hiring an immigration lawyer is one way to eliminate the possibility of making mistakes or omissions in the preparation of the Labour Market Impact Assessment application. Patrick Jacques can communicate on your behalf with government authorities to keep you informed of the status of your application. He can help you process your Labor Market Impact Assessment (LMI), explain the key aspects of the process and gather all the documents and information required to facilitate your foreign worker recruitment project.

Contact Patrick Jacque to learn more about recruiting future employees abroad.

Learn more about hiring foreign workers in Canada

What do I need to do to hire temporary workers?

The process of hiring temporary workers has 3 main steps. First, you must obtain an LMIA or submit a job offer. Then, you must notify the worker to apply for a work permit and offer to follow up on the steps that will follow. You can also get more information on the Temporary Foreign Worker Program (TFWP) on the Canadian government website.

1. Labour Market Impact Assessment (LMI)

First, employers should check to see if they need a Labour Market Impact Assessment (LMI). This study examines whether qualified Canadian workers are available to fill the position for which the employer wishes to recruit a foreign worker. If an LMIA is required, it must be submitted to the Canadian Immigration Agency.

2. Job Offer

Once the LMIA has been obtained, the employer can advertise the position. It is important to ensure that the criteria of the job offer are clear and specific to ensure that qualified foreign workers can apply.

3. Work Permits

After selecting a foreign candidate, the employer must apply for a Work Permit from the Canadian Immigration Agency. This permit is required for the foreign worker to work legally in Canada. The employer must provide information about the foreign worker, including employment and criminal history, to help determine if the worker is eligible for a work permit.

4. Issuance of the Work Permit and Arrival in Canada

Finally, once the work permit is granted, the foreign worker can enter Canada and begin working for the company. It is important to note that employers may be required to provide additional assistance to the foreign worker to help them settle in Canada, including accommodation and transportation.

Importance of knowing immigration regulations

Note that the process of recruiting foreign workers may vary depending on the worker’s country of origin and the type of work they wish to perform in Canada. It is recommended that you consult an immigration lawyer for advice on immigration regulations and the recruitment process to ensure that all regulations are met.

For more information consult the Canadian government website or contact a lawyer for support during the hiring process.

What are the differences for a Quebec company?

For Quebec companies, the process of recruiting foreign workers is a little different. Companies can hire foreign workers to fill positions that cannot be filled by Canadian or permanent workers. Foreign workers may be eligible for a temporary work permit or a permanent immigration application depending on their qualifications and the job offered.

The Quebec government also has an immigration program called “Quebec Experience Class” which facilitates the transition of foreign workers to permanent immigration. It is important to remember that regulations and eligibility criteria can change frequently, so it is advisable to consult the latest government updates.

The province of Quebec has its own immigration system, with its own selection criteria, which is different from the worker programs offered by Immigration, Refugees and Citizenship Canada (IRCC) and also different from the Provincial Nominee Program (PNP). Individuals who apply to immigrate to Quebec and are selected to immigrate to Quebec receive a Certificat de sélection du Québec (CSQ). This document is issued by the Quebec Immigration Department.

What are the options for Canadian employers who wish to hire foreign workers?

Hiring foreign workers can add value for Canadian companies by strengthening their ability to innovate, connect with international customers and address labour shortages. However, it is important to follow immigration regulations to ensure that the process of recruiting foreign workers is efficient and compliant.

Are you a Canadian employer looking to recruit foreign workers? Here are the options available to you.

Express Entry

Express Entry is the main way for skilled workers to immigrate to Canada. Canada receives approximately 110,000 immigrants per year through Express Entry. Eligible applicants submit their profile on the Immigration, Refugees and Citizenship Canada (IRCC) website.

Federal Skilled Worker Program

The Skilled Worker Program is Canada’s main avenue for economic immigration and provides the opportunity for skilled workers and their family members to obtain permanent residence in Canada. Skilled workers are selected as permanent residents based on their education, work experience, knowledge of English or French and other factors.

Provincial Nominee Programs

This program is designed for workers who:

Have the skills, training and experience to contribute to the economic development of a particular province or territory;

Wish to reside in that province;

Wish to become a permanent resident of Canada;

Temporary Work Permit

The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire temporary foreign workers. To do so, you and your worker must meet certain conditions. To work in Canada temporarily, temporary foreign workers must have a temporary job offer from a Canadian employer and a temporary work permit issued by Employment and Social Development Canada (ESDC). This is a multi-step process. Depending on the nationality of the foreign worker, a Temporary Resident Visa (TRV) may be required to enter Canada. As an employer you are responsible for obtaining a positive Labour Market Impact Assessment (LMI) from the Government of Canada.

What is a Labour Market Impact Assessment - LMIA

A Labour Market Impact Assessment (LMI) is a document that a Canadian employer can obtain before hiring a foreign worker.

When an LMIA is positive, it means that a foreign worker must be hired to do the job. It also indicates that no Canadian worker or person with permanent residence is available to do the job. If the employer needs an LMIA, they must apply for one and send all the documents to the Service Canada Centre responsible for processing skilled worker applications. Once the employer receives the LMIA, the worker can apply for a work permit.

To apply for a work permit in Canada, a foreign worker must have the following information:

A contract;
A copy of the LMIA;
The LMIA number.
A job offer letter;

What elements must be shown in LMIA applications

First, an LMIA application must show efforts to recruit Canadian citizens or persons with permanent residency. Second, it must demonstrate that the wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region. She must also demonstrate that the working conditions for the occupation meet current provincial labour market standards. Further, it must show any potential benefits that hiring a foreign worker could bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge. Finally, it must show that transition plans will be required for high-wage positions, where employers will need to make a greater effort to hire Canadians over the long term.

How do I check if I need an LMIA?

As an employer, you can check if you need a Labour Market Impact Assessment (LMI) to hire a foreign worker by following these steps:

Check immigration regulations: check Canada’s immigration regulations to see if the position you want to fill is considered temporary and requires an LMIA for the foreign worker.
Check Canada’s immigration programs: some foreign workers, such as skilled workers or seasonal workers (temporary workers), may be eligible for specific immigration programs that do not require an LMIA.
Apply for a job offer: if the position requires an LMIA, you will need to apply for a job offer with the appropriate Canadian authorities to verify that you can hire the foreign worker.
Conduct a Labour Market Impact Assessment (LMI): if the job offer application is approved, you will need to conduct an LMI to show that hiring the foreign worker will not adversely affect Canadian workers.
Submit the work permit application: once the LMIA is completed and approved, you can submit a work permit application for the foreign worker to the appropriate Canadian authorities.

It is important to comply with immigration regulations and follow the proper steps to hire a foreign worker in Canada legally and efficiently. It is recommended that you consult an immigration lawyer for advice on the process of hiring foreign workers.

Who pays the work permit fee?

In most cases, both workers and employers must pay a fee for the issuance of a work permit.