Immigration Blog about US & Canadian Immigration matters.

Do You Want to Immigrate to Canada in 2019

As you may know, Canada’s education and living conditions attract many foreign nationals to visit, study, and work. Furthermore, the multiculturalism in Canada is one of the essential reasons that drives one's longing to move. After they have experienced the beauty of Canada, they may consider settling down permanently in Canada. While numerous individuals are contemplating moving to Canada, they may be thinking about looking for assistance from an immigration representative to make the immigration process more smoothly. Indeed, here comes the most significant inquiry: is hiring a representative necessary? In this blog, we will discuss the benefits of hiring an immigration representative and how to avoid immigration fraud.

Who are Immigration Representatives

Immigration may be difficult and complicated, especially if you are not family with Canadian immigration law. If you are struggling with your application, you may be able to seek guidance from a representative. An Immigration and citizenship representative’s job duties include but are not limited to:

Hiring a Foreign Worker

Are you a Canadian company looking to hire a foreign worker to work for your company? Before you can hire the foreign worker, you may need to have a Labour Market Impact Assessment – which is a document that allows you to extend an offer of employment to a foreign worker. In this blog, we will provide some useful information about the Labour Market Impact Assessment process, when it is required and how to get one.

What is a Labour Market Impact Assessment

The government of Canada understands Canadian companies may sometimes experience temporary labour or skill shortages. In cases where a Canadian company cannot find qualified Canadian workers to fill these shortages, the company may need to hire a foreign worker. The Labour Market Impact Assessment Process is required to show that hiring the temporary foreign worker will not have a negative impact on the Canadian job market by ensuring that qualified Canadians are not bypassed for a foreign worker.

Information about LMIA’s

If you are an employer who wants to hire a foreign national, chances are you will need a labor market impact assessment (LMIA). A labor market impact assessment is an application to Canadian Immigration Services (CIC) all on its own and it must be submitted by the employer. It is an important step in the process of hiring a temporary foreign worker, as an LMIA ensures the temporary foreign worker will not be taking a job away from a Canadian looking for employment. Therefore, in this article, you will learn relevant information regarding the LMIA.

Who Needs an LMIA

All applicants applying for the Temporary Foreign Workers Program will require a Labour Market Impact Assessment; exempt occupations are now part of the International Mobility Program.

What is an LMIA

If you are a Canadian employer who is looking to hire a foreign national to fill a position temporarily, the government may allow you to do this. However, it is important for the Canadian government to ensure Canadians have access to jobs in Canada, before those positions are filled by foreign individuals. In order to prevent foreign nationals from taking positions from Canadians who need them, the Canadian government has set the requirement for foreign nationals and their employers to obtain a labor market impact assessment (LMIA), prior to being able to obtain a work permit. Because this is such an important step, and most work permits require an LMIA, we will take the time to break down the application process, to help you prepare an application for an LMIA.

Who Needs an LMIA

Anyone coming to Canada who will obtain an employer specific work permit, and is not covered by a free trade agreement, will need to apply for an LMIA. One of the major benefits of applying for a work permit under a free trade agreement is that barriers such as an LMIA are removed. Other than that, only individuals applying for an open work permit are LMIA exempt.

Common Questions about Working in Canada Temporarily 

There are many reasons individuals have a wish to come to Canada and enter the Canadian labor market. Though, because there are so many reasons to want to work in Canada, many, many people are signing up to do so. With all the interest in working in Canada, the Canadian government has several programs which individuals can apply to, essentially, to allow individuals to apply to work in Canada in the sector which most suits their knowledge, skills and work experience. Overall though, this has resulted in a large and confusing cluster of ways in which individuals can obtain work permits in Canada, ultimately making it much more difficult for individuals to understand how to get started on applying to work temporarily in Canada. This article will therefore serve the purpose of helping answer some questions individuals commonly have about temporary work permits, and how they may obtain one.

What is an LMIA? Do I Have to Apply for one?

The short answer is, you probably will need to apply for an LMIA, otherwise known as a labor market impact assessment. Essentially, this is an application for permission for the Canadian employer the foreign national intends to work for, to be able to fire a foreign worker temporarily. The Canadian government wants to avoid temporary workers coming to Canada, and taking positions away from Canadians who need work. Therefore, the LMIA assesses what the impact of hiring a temporary foreign worker would be. Ultimately, a positive LMIA is an endorsement by the Canadian government for the employer to hire a temporary foreign worker. To learn more about LMIA’s, follow the link provided. They can essentially be treated as an application all in themselves, so there is more to know about LMIA’s than can be covered here.

FAQ’s About Labor Market Impact Assessment

When it comes to a Labor Market Impact Assessment (LMIA), many individuals looking to apply for a work permit are intimidated, confused and concerned for their ability to obtain a positive LMIA, so that they may have a chance of obtaining a work permit. In this article, we will attempt to help you understand LMIA’s, and clear up many areas we notice individuals commonly misunderstand in reference to their LMIA’s.

Q: What is the Purpose of an LMIA?

A labor market impact assessment shows whether or not foreign workers are needed to fill a specific position in the Canadian economy, or, it will determine there are Canadians available to fill a position, and the LMIA will be negative. A positive LMIA is needed to successfully apply for a work permit. If you do not first obtain a positive LMIA before applying for a temporary work permit, your application will be denied.

What is the Global Talent Stream?

Are you an employer who needs to a hire an employee for a skilled position, but are having troubles finding one domestically? Have you refused to hire from overseas before due to the length of time and level of commitment this undertaking brings? If this is the case, there may be good news for you! Oftentimes, individuals don’t want to hire foreign nationals for temporary positions because there is a good chance it will take longer to have an application approved successfully, than the total amount of time the foreign worker will actually be employed with you. Many individuals discount hiring temporary foreign workers because it is not worth it. Though, with the introduction of the global talent stream (GTS) through the temporary foreign worker program, comes a solution to many of these problems. The GTS is a part of the temporary foreign worker program, so you are not exempt from the requirement of obtaining a positive LMIA, though, you will have the privilege of greatly decreased processing times, and will be able to hire a temporary foreign worker (TFW) in no time. Ultimately, the GTS is a program that provides innovative companies the ability to recruit highly specialized and skilled talent they need to expand and remain competitive, by giving them better access to the global labor market, by providing faster and more predictable application processing.

Who Can Hire Through the Global Talent Stream (GTS)?

The Global Talent Stream is available to two categories of employers. The first, category A employers: Firms in Canada that are referred to the Temporary Foreign Worker Program’s Global Talent Stream by an Employment and Social Development Canada (ESDC) Designated Referral Partner because they are innovative and can demonstrate a need to hire unique and specialized temporary foreign workers in order to scale-up and grow. A designated referral partner is simply a company who themselves, is identified on a list which gives them status to identify other companies as innovative companies which requires unique and special talent to have success in their work. On the other hand, there are category B employers: Those firms in Canada that need to hire foreign workers for highly skilled in-demand occupations found on ESDC’s Global Talent Occupations List where there is insufficient domestic labour supply. Please find ESDC’s Global Talent Occupations List below.

What is the Live-In Caregiver Program?

Essentially, the live-in caregiver program allows Canadian citizens or permanent residents to hire a foreign national to provide “live-in care.” All this is, is full-time in home care. If you are a Canadian citizen or permanent resident and you require full-time, round the clock care, then you may be eligible to apply to hire a foreign national to provide this care for you. Though, it is required that you have made a good attempt to hire a Canadian citizen or permanent resident, before you will be permitted to hire a foreign national to do this job. Nonetheless, this is a unique opportunity for a Canadian to benefit from helping a foreign national find work and/ or achieve permanent residency in Canada. Not to mention, the foreign national even has the benefit of having their living situation already all sorted out! This relieves much of the stress about moving to a new country for sure. So, if you think you might be eligible to be a live-in caregiver, or this program is of interest to you, or, if you think you might need to hire a live-in caregiver from overseas… keep reading this article to learn all about how to get involved with this program!

What is a Live-In Caregiver?

A live in caregiver is qualified person that can work without supervision in a private household. He or she is supposed to provide care for the elderly, children and or the disabled. It was once a requirement that the caregiver actually reside with the employer/ patient, though this is no longer the case. Nonetheless, the employer is still responsible for arranging room and board for the caregiver. The Canadian federal government came up with the Live-in caregiver program in order to counter the limited number of live-in caregivers in the country. To begin, the live-in caregiver will enter Canada as a temporary foreign worker.

What is Federal Skilled Arranged Employment?

If you’re thinking of looking for work in Canada, you’re probably somewhat aware that most ways to apply for a work permit in Canada require you to have a job offer from an interested employer, before you can be granted a work permit. This is because many of the work permits foreign nationals have permission to work in Canada with are closed work permits. The Federal Skilled Arranged Employment program is one which helps Canadian employers hire qualified, skilled foreign nationals to help with their company in Canada. The workers that are hired are working for the employer who applied for an Labor Market Impact Assessment, and brought them to Canada. In other words, individuals working in Canada as the result of Federal skilled arranged employment are working on a closed work permit. So, if you’re a foreign national with skills the Canadian labor market would benefit from and you would like to work in Canada, keep reading to learn more about how the federal skilled arranged employment program works!

The Federal Skilled Worker Program

It is possible to hire a foreign national for a permanent position, and bring them to Canada as permanent residents because of the Federal Skilled Worker Program (FSWP). The Federal Skilled Worker Program is set out to help Canadian employers acquire skilled workers permanently, in areas which Canadian nationals are not filling all the positions which are in demand. Through this program, individuals can be recruited for positions which qualify as Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or Skill Level B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

New Requirement for Canadian Employers for Inviting Applicants

For Canadian employers looking to hire a temporary foreign worker through the Temporary Foreign Worker Program (TFWP), they will now be required to invite candidates who acquire a number of stars in relation to the position. As of August 28, 2017, there will be a new rating system in which employers will be matched with workers registered in the Canadian government’s Job Bank. The Canadian government has named this new feature its Job Match Service. In this article, I will address the new changes to the Temporary Foreign Worker Program (TFWP) and how this ultimately affects Labour Market Impact Assessment (LMIA) applications.

New Job Match Service

The purpose of the new Job Match service is to permit Canadian employers to view anonymous profiles of registered job seekers. The profiles of these job seekers reflect and coordinate with the skills and job requirements that are listed in the employer’s job posting. These matches will essentially be rated under a 5-star system. Therefore, the more stars that the job seeker can accumulate for the intended position, the greater the compatibility with the Canadian employer.

Find out what documents are needed for a LMIA

When applying for a Labour Market Impact Assessment, you may not know exactly what documentation is required of you in order to get a higher chance of a positive Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment, better known as a LMIA, is a document from Employment and Social Development Canada that permits a Canadian employer to hire a temporary foreign worker. When applying for an LMIA, there are specific documents that are required to submit from the Canadian employer and the employee alike. It is important that all of these documents are submitted with the application prior to hiring the foreign temporary worker. In this article, I will address the important documents needed from the Canadian employer and the foreign temporary worker for an LMIA application.

Documents Needed from the Canadian Employer

Every LMIA application can be different depending on the Canadian employer and the employee they are looking to hire. The below documentation is general, however, the more of these documents that you can submit, the stronger your application will be. It is very important to consider what you are trying to prove to Immigration by providing these specific documents. Therefore, keep this in mind when compiling the appropriate documentation.

Difference Between High-wage and Low-wage Streams

There have been several changes with regards to job offers for high-wage and low-wage streams in the past year. These are two different streams that fall under the Temporary Foreign Worker Program (TFWP). In most cases under the TFW program, Canadian employers must also receive a positive Labour Market Impact Assessment (LMIA). The TFW program essentially allows these Canadian employers to hire foreign national workers to fill intended job positions in Canada, all while ensuring that there are no Canadian or permanent residents that can fill the intended job. In this article, I will address the changes of the median hourly wages and as a result the high-wage stream and low-wage stream.

Responsibilities of the Canadian Employer

In almost all cases of hiring a foreign national worker, Canadian employers must receive a posititve Labour Market Impact Assessment (LMIA) prior to hiring a foreign worker. The Temporary Foreign Worker Program (TFWP) is a useful tool for Canadian employers to hire foreign nationals to fill labour shortages in Canada. The TFWP is administered and run by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC).

FAQ – Labour Market Impact Assessment (LMIA)

In this article, I will address a few popular questions and answers for Labour Market Impact Assessments (LMIAs) in Canada and some important information to consider if you are applying for an Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment is intended for any Canadian employer who may need a foreign worker to work for their company and needs the approval from the government of Canada prior to hiring them. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Labour Market Impact Assessment LMIA” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to Labour Market Impact Assessments in Canada.

Q: What is a Labour Market Impact Assessment? Is it necessary?

A: The Labour Market Impact Assessment is a document provided by Immigration Canada that a Canadian employer may need to obtain prior to hiring a temporary foreign worker. It is not necessary for some circumstances but it can be for others. It is important for employers to investigate and review LMIA exemption codes to see whether or not they need a Labour Market Impact Assessment. With a positive LMIA, this will indicate that there is a need for a foreign worker to fill the intended position and that no Canadian citizen or permanent resident of Canada can fill the job. A positive LMIA is also referred to as a confirmation letter. After the employer receives a positive LMIA, the temporary foreign worker may then apply for a work permit in Canada. In order to apply for a work permit, the temporary foreign worker will need a valid job offer letter, a contract, a copy of the positive LMIA and the LMIA confirmation number.

Steps to Hiring a Live-in Caregiver

Do you wish to have someone help you with the basic necessities of someone you care about? For instance, do you need constant assistance for eldercare, individuals with special needs or childcare? If this is the case, then you should hire a live-in caregiver. Live-in caregivers will help and assist you with these specific circumstances. There are certain steps that you must take in order to ultimately hire a live-in caregiver. In this article, I will explain and outline the steps needed from the employer to hire a live-in caregiver as well as the steps that the live-in caregiver needs to take.

How to Find a Live-in Caregiver

As an employer looking to find a live-in caregiver, there are standard requirements that need to be met. Through the live-in caregiver program, the employee must have a valid work permit to proceed with being hired. Therefore, the employer must ensure that this is done before offering employment. The employer must also ensure that they have attempted to hire employees through advertisements, personal or business contacts, and/or hiring agencies. After this is done, then they may be able to go through the application process of the live-in caregiver program in order to hire them.

Hiring Temporary Foreign Worker to Canada

Would like to hire a Temporary Foreign Worker in your company but don’t know which route to take? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. For the purposes of this blog I will be talking about the low-wage positions. Let’s take a look at how the wages are determined for low paying jobs.

What to Consider when Hiring Temporary Foreign Worker to Canada

If you wish to hire a temporary foreign worker in your company, you must first determine whether you have a need for a foreign worker or not. Firstly, you have to determine whether or not this position can be taken on by a Canadian citizen or permanent resident. There are many ways of doing this as previously explained in the blogs section of our websites. If and when you establish that you have not found anyone in Canada that would carry out the position you are hiring for after doing extensive research, you may be allowed to hire a temporary foreign worker. This has to be determined by applying for a Labour Market Impact Assessment (LMIA) through the Employment and Social Development Canada and Service Canada. However, determination of labour shortage may not allow you to bring your foreign worker into Canada. You must apply for a work permit given that you receive a positive labour market impact assessment.

Hiring Foreign Worker to Canada

Want to hire a temporary foreign worker but don’t know where to start? There are many steps involved in the process of hiring a foreign worker; for example, the process of applying for a positive Labour Market Impact Assessment (LMIA). There are certain steps that employers need to take even before they start their LMIA application process. Let’s examine what you need to do before you can even be eligible to apply for an LMIA.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO) is a document that employers have to apply for and it is processed by Employment and Social Development Canada (ESDC) and Service Canada. In other words, this document is the proof that Canada lacks the kind of skilled work or labour that you as an employer might be looking for. A positive LMIA document will enable employers to hire temporary foreign workers as it enables individuals to apply for work permits. Having a positive LMIA does not guarantee an approved work permit which is a separate procedure that should be conducted on its own.

Hire a Temporary Foreign Worker in a High Wage Position

Cannot find suitable employees for the position you are hiring within Canada? Would like to hire a Temporary Foreign Worker in your company? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. Let's take a look at how the wages are determined.

Canadians who wish to hire a temporary foreign worker must first establish a shortage of the labour or skill that they are looking for in Canada. There are many ways of doing so that I have discussed in other Labour Market Impact Assessment (LMIA) related blogs. Once the shortage has been established, the employer gets the green signal to apply for a labour market impact assessment or an LMIA formerly known as a Labour Market Opinion (LMO). Apart from showing a shortage of skill within Canada, the LMIA application must prove the arrival of the foreign worker will have a positive or neutral effect on the Canadian market. One of the most important aspects of hiring a temporary foreign worker is to establish that you, as the employer, will adhere to federal and provincial standards of labour law and pay them with prevailing wages and benefits.

Employer Looking to Hire Foreign Worker to Canada

Thinking of hiring a temporary foreign worker to Canada? Tired of recruiting without success in Canada? Obtaining a Positive LMIA from Service Canada is not an easy process, especially if you do not have experience in submitting immigration applications. Here are a few important aspects/steps of hiring a foreign temporary worker in Canada.

Are you Eligible to Hire a Foreign Worker to Canada?

Employers can hire foreign workers through the Temporary Foreign Worker Program (TFWP). The TFWP is specifically designed to combat and fill temporary labour and skill shortages in Canada. However, before you start browsing resumes and conducting interviews, make sure you are eligible to hire a temporary foreign worker in the capacity of a caregiver first. One of the most important aspects of eligibility comes from attempting to recruit a Canadian citizen, permanent resident or a foreign worker already in Canada for the position of caregiver. Once all recruitment efforts of finding an employee within Canada have been exhausted, then you can proceed to apply for a Labour Market Impact Assessment.

What is the National Occupation Code?

The National Occupation Classification also known as the NOC is a system used by the Government of Canada that classifies occupations (jobs). The National Occupation Classification pretty much describes the type of work performed by Canadians in the labour market. These occupations are grouped based on work the performed which are determined by the task, duties and responsibility within the occupation. This information gives employers, job seekers, statisticians, labour market analysts, career counselors to collect information to better understand the nature of work and what type of experience is needed to apply for a program. The NOC tool has a four digit code that helps you classify the occupation based on skill type and skill level. These NOC digits give you important information about the occupation it represents. For example, 3113 Dentist- the “31” tells you that this is a health occupation and it requires university level education.

National Occupational Classification 2016 Update

The National Occupational Classification (NOC) has been updated to help employers and job seekers find the proper NOC without spending too much time and then ending up selecting the incorrect NOC. The NOC 2016 has enlisted new job titles and has simplified the content of the unit groups. Some unit groups have their descriptions and job titles updated, terminology has made changed to reflect the current usage of terminology in occupations. The structure of the NOC remains the same, meaning no major groups or minor have been added or removed or combined. You may find in some groups that their names of been changed or the content is updated. NOC 2016 is based on Skill Type and Skill Level just like NOC 2011.

Can I work in Canada as Foreign Worker

In order to be able to work in Canada you either have to be Canadian citizen or Permanent Resident of Canada. If you are not Canadian citizen or permanent resident of Canada then as the foreign worker you either have to fall under the North American Free Trade Agreement (NAFTA) or apply for Work Permit and possibly go through a Labour Market Impact Assessment (LMIA). As the foreign worker you cannot work illegally in Canada and therefore you have to go through application process and get special permission from immigration Canada.

Requirements you need to meet under NAFTA Work Permit

To be eligible to apply under the NAFTA Work Permit you would have to be a citizen of Mexico or United States. If you are business individual and are citizen of Mexico or USA then you are able to enter Canada for temporary basis to trade goods, provide services or invest in Canada. To qualify as a business person you have to fall under either a Business Visitor, Professional, Intra Company Transferee or Traders and Investors.