Arranged Employment for a Federal Skilled Worker

Arranged Employment for a Federal Skilled Worker Immigrating to Canada

Any Canadian employer that would like to hire a foreign skilled worker through the Express Entry selection system can support the applicant in their permanent residency application through either the Federal Skilled Worker Program or the Federal Skilled Trades Program. Through both of these federal economic immigration programs, there are different eligibility requirements; however, when it comes to arranged employment, they are relatively the same. Therefore, in order to better understand what it required of you if you have arranged employment in Canada, in this article, I will explain the process of obtaining arranged employment in Canada.

What is Arranged Employment

According to Citizenship and Immigration Canada (CIC), arranged employment is defined as having a valid job offer from a Canadian employer in either a National Occupational Classification (NOC) code 0, A or B job for a continuous period of a year or more. Keep in mind, in some cases, the valid job offer must be reviewed and approved by Employment and Social Development Canada/Service Canada prior to the foreign national becoming employed.

What is a Valid Job Offer

In order to better understand the requirements of what a valid job offer has to be, Citizenship and Immigration Canada (CIC) defines a valid job offer as a job offer that is in writing for Express Entry candidates. Furthermore, the valid job offer must be:

• For continuous, full-time, paid work - A minimum of 30 hours a week
• For non-seasonal work
• For a minimum of one (1) year
• In NOC code skill type 0 or skills level A or B
• Supported by a Labour Market Impact Assessment (LMIA) - Unless exempt

What is a Labour Market Impact Assessment (LMIA)

Please note that a Labour Market Impact Assessment (LMIA) is an assessment of the intended position being offered to the foreign skilled worker conducted by Employment and Social Development Canada/Service Canada. Additionally, during this assessment, there are a variety of factors that are assessed, such as:

• The genuineness and validity of the job offer itself
• The need of the intended work in the Canadian labour market
• That the Canadian employer has made sufficient efforts to fill the intended position with either a Canadian citizen or a permanent resident of Canada

If and once the Canadian employer obtains a positive Labour Market Impact Assessment, this official document can be utilized to support the foreign skilled worker’s application for permanent residency in Canada through either the Federal Skilled Worker Program or Federal Skilled Trades Program. Essentially, the Labour Market Impact Assessment (LMIA) allows the Canadian employer to meet their labour market needs by making a valid job offer to the foreign skilled worker when no other Canadian citizens or permanent residents were available to fill the intended position. It also allows the foreign skilled worker to become temporarily employed in Canada while their application for permanent residency in Canada is being processed by Citizenship and Immigration Canada (CIC).

The Process of Arranged Employment in Canada

There are four main steps in the process of arranged employment in Canada that must be met in order to successfully begin working in Canada. Additionally, these steps have been made to allow you to better understand what is required of you, should you wish to obtain arranged employment in Canada. Therefore, the process is as follows:

1. The Canadian employer must make a valid and qualifying job offer. The valid job offer must indicate that, upon obtaining permanent residency in Canada, the foreign skilled worker would become employed on a full-time and non-seasonal basis. Keep in mind, for the Federal Skilled Worker Program, the job offer must be obtained from one Canadian employer; whereas, for the Federal Skilled Trades Program, two job offers must be obtained and combined in order to meet the non-seasonal and full-time requirement accordingly.
2. Before recruiting and employing a foreign skilled worker, the Canadian employer must first obtain a positive Labour Market Impact Assessment (LMIA). Therefore, once the valid job offer is made, the LMIA must also be submitted.
3. If the foreign skilled worker that the Canadian employer is trying to employ is already in Canada and working, they most likely already have a positive LMIA. Therefore, if the Canadian employer would like to employ the foreign skilled worker, the foreign skilled worker must obtain a new one if the Canadian employer is not the employer listed on the LMIA.
4. If the foreign skilled worker is LMIA exempt, i.e. under a federal or international trade agreement, then they can proceed to apply for a work permit directly on the Citizenship and Immigration Canada website without first obtaining a Labour Market Impact Assessment (LMIA). The foreign skilled worker must provide a copy of their valid work permit which will duly indicate the exemption.

Lastly, it is very important that you and the Canadian employer apply for the Labour Market Impact Assessment (LMIA) accurately to avoid any delays or complications in obtaining the work permit in Canada.

Contact Akrami & Associates

If you would like to obtain arranged employment and work in Canada legally, as well as potentially obtain permanent residency in Canada, it is important to take all of the aforementioned information into consideration before applying. Obtaining permanent residency status in Canada is difficult to accomplish on your own, especially if you are unfamiliar; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have assisted many of our clients in entering Canada and obtain permanent residency status. If you believe that you may be eligible to apply for permanent residency in Canada through one of the federal economic immigration programs, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!