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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.
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.
A Labour Market Impact Assessment (LMIA) is a document that employers must attain before they can hire temporary foreign workers – in this case a caregiver. In order to get this document or letter of confirmation, employers must submit an application to Employment and Social Development Canada. Service Canada and Employment and Social Development Canada work together in determining whether employers need an LMIA or not. The issuance of a positive LMIA is the affirmation of the lack of a certain type of skill or labour in Canada, meaning there is no Canadian available to carry out this position. Once this has been determined, the employee has legal authorization to hire a foreign worker. Remember, there are government fees involved in applying for an LMIA. The issuance of an LMIA can be due to multiple reasons and if you chose to reapply, you must apply with new fees and no guarantee for approval.
Having a positive LMIA is without doubt a crucial aspect of hiring a temporary foreign worker; however, it still does not determine whether the worker or workers will be granted permission to come to Canada. At this stage, the worker will need to apply for a work permit- this is called a work permit based on a positive Labour Market Impact Assessment or an employer specific work permit. Remember the LMIA will not be valid infinitely – it always comes with an expiry date. This means the work permit has to be applied for as soon as possible. If an LMIA gets expired before a work permit application is submitted, you will have to reapply for another LMIA with new fees and no guarantee for approval. At this stage the intended foreign worker can apply for a work permit within Immigration, Refugees and Citizenship Canada. The work permit must be applied with the signed letter of positive LMIA. The applicant and the employers are responsible for submitting all documents that were mentioned in the submission of the LMIA application.
LMIA based work permit are not guaranteed. Having a positive LMIA does not guarantee the TFW a work permit to enter and work in Canada. The positive or negative determination of a work permit is dependent on IRCC and the application submitted by the TFW. Firstly, the TFW must provide all documentation to IRCC in compliance with the LMIA application, meaning the TFW’s qualifications and experience must be matched by the recruitment requirements such as degrees and number of experience. The TFW must show valid proof of all requirements set out by the employer and Service Canada. In the case of a positive assessment from IRCC, the TFW will be granted a work permit, however, this work permit will be conditional and only valid for a short period of time.
The temporary foreign worker is finally granted permission to enter and work in Canada on conditional basis. This means that there is a condition on his/her temporary migration to Canada, such as the duration of the work permit is capped, work conditions are crucial, live-in and live-out basis have to be considered, fair treatment of the employee must be observed and carried out, wages set out in the LMIA must be complied with among many other things. Remember the Canadian government retains the right to revoke an LMIA and some of the reasons are:
Unfair treatment and working conditions of the TFW
Wages not paid
Documentation of the TFW taken away by the employer
Misrepresentation or false information provided
New facts are brought upon that would trigger a negative assessment initially
All workers in Canada have the same rights and social protections under the law and employers must comply with these rules. Employers are expected to adhere to the job offer, conditions of employment and all federal, provincial, territorial employment standards when dealing with foreign workers.
Yes, a temporary foreign worker may try to extend his/her stay in Canada as a worker; however, there are certain conditions and rules to follow. For this to happen a new LMIA application must be submitted to Service Canada and Employment and Social Development Canada and go through all the steps mentioned in this blog to rehire/extend the same TFW. It’s important to apply for a new LMIA before the existing work permit expires.
It is imperative to the government, to the Canadian economy and people that TFWP be used as a last resort to combat labour shortages within Canada. This was created to help boost the Canadian economy and also to find foreign workers who actually help mobilize the Canadian economy.
Akrami & Associates has assisted many clients with different immigration matters from temporary to permanent matter. If you are an employer and looking to hire Temporary Foreign Worker to Canada then contact Akrami & Associates today. Our immigration experts have submitted many successful LMIA and Work Permit applications and we can help you too. Remember these applications are very extensive and complicated and attempting this on your own with experience is highly not recommended. Call us today at 416-477-2545 for a consultation.
