Advertising before recruiting: Strict Canadian requirements when hiring foreign workers

September 24, 2017 0 COMMENTS

by Arlin Sahinyan

In Canada, hiring foreign workers comes with certain administrative hurdles for employers. Most employers need to obtain a Labour Market Impact Assessment (LMIA) from government authorities, which aims to show that there is a need for foreign workers (as opposed to hiring Canadians for the job). Before recruiting any candidate, employers must keep in mind certain government requirements when engaging in their hiring process.

Employers must first make solid efforts to seek Canadian and permanent resident applicants. These recruitment efforts must be deployed before offering a job to a temporary foreign worker and applying for an LMIA. Employment and Social Development Canada (Service Canada), which is responsible for processing LMIA applications, has increased its scrutiny of job advertisements. Any deviation from the following requirements may result in a refusal of the LMIA application.

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Employer rules for temporary foreign workers in Canada

February 12, 2017 0 COMMENTS

by Stéphane Aublet

A work permit is generally issued based on a specific job offer made by a particular Canadian employer (or an employer doing business in Canada). As such, the employer commits itself to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the Labour Market Impact Assessment (LMIA) application submitted to Service Canada.

If the employment is exempt from the LMIA (for example, transfer within a company, North American Free Trade Agreement professional, etc.), the employer commits to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the offer of employment submitted via Immigration Canada’s Employer Portal.

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New work permit requirements apply whether employer is in Canada or U.S.

May 10, 2015 0 COMMENTS

by Gilda Villaran

Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse to issue the work permits if the employer’s form and fee have not been submitted in advance. read more…

Transitioning to the new temporary foreign worker rules

September 21, 2014 0 COMMENTS

by Gilda Villaran

There have been many changes to Canada’s immigration program in the past two years. The result? Hiring temporary foreign workers in Canada is more complex than ever before. read more…

Putting Canadians first: overhaul of the temporary foreign worker program

July 20, 2014 0 COMMENTS

By Isabelle Dongier

As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past 18 months. Amendments to the Immigration and Refugee Protection Regulations were introduced in December 2013 to make it tougher and more costly for Canadian employers to hire foreign workers. read more…