Importing Foreign Workers- The Basics - 0 views
-
Canada has agreed to the inclusion of the following service sectors in the GATS agreement: business services, communication services, construction services, distribution services, environmental services, financial services, tourism and travel related services and transport services.
-
A GATS professional is one who seeks to engage, as part of a services contract, in an activity at a professional level, provided that the person possesses the necessary credentials and qualifications. There are nine accepted professions under GATS:
-
• engineers; • agrologists; • architects; • forestry professionals; • geomatics professionals; • land surveyors; • legal consultants; • urban planners; and • senior computer specialists.
- ...23 more annotations...
-
Spouses Spouses (including common-law partners) of temporary foreign workers can apply for a work permit without a confirmation from HRSDC, provided that the principal applicant is authorized by a work permit to work in Canada for at least six months. Initial this category was only available for spouses of skilled workers but recently it has been expanded to cover spouses of any temporary worker. The spouse of a temporary worker may apply for an open work permit, which allows the spouse to accept almost any job. The spouse's work permit will expire when the principal applicant's work permit expires.
-
As a general rule, a person who is not a Canadian citizen or a permanent resident must hold a valid work permit in order to work in Canada. Work permits are issued by Citizenship and Immigration Canada (“CIC”). Further, as a general rule, prior to the CIC issuing a work permit, the employer must receive a confirmation of employment from Human Resources and Skills Development Canada (“HRSDC”). This confirmation of employment is referred to as a “Labour Market Opinion” (“LMO”).
-
Foreign workers may also require a temporary resident visa to work in Canada; however, citizens and permanent residents of the U.S. are exempt from this requirement.
-
foreign worker must submit to CIC a copy of the HRSDC confirmation of employment and a detailed description of the employment offer (provided by the employer). There is a non-refundable fee of C$150 for processing an application for an individual work permit.
-
worker may apply for a work permit before entering Canada, at a port of entry or from inside Canada, depending on the worker's status
-
Generally, temporary foreign workers must apply for a work permit before departing for Canada, although the actual work permit will be printed and given to the foreign worker at the port of entry when he/she enters Canada.
-
If the foreign worker is from the U.S. or if the foreign worker does not need a temporary resident visa to visit Canada and an exemption is available from the requirement to obtain a confirmation of employment
-
the foreign worker is prohibited from applying for a work permit until his or her arrival at a port of entry.
-
If the applicant has been working in Canada for at least three months under an exemption, other than as a business visitor, but wants a permit to accept another job the foreign worker can apply for a work permit while already located in Canada
-
The worker is expected to abide by the terms and conditions set out in the work permit. Work permits are valid only for a specified job, employer and time period. However, workers can apply to the CIC to modify or extend their work permit. An application to extend a work permit should be made at least 3 months prior to the permit's expiry.
-
It is currently taking CIC over 117 days to process an application to renew or to change the terms and conditions of entry to Canada
-
Once the application is submitted the foreign worker can continue in employment pending approval of the extension, as long as they remain in Canada while that application is pending.
-
If the employer dismisses the foreign worker, the employee must apply to change their status to a visitor or find a new employer and apply to change the work permit to that new employer. There is no positive obligation on any employer to report the change in employment status to Immigration
-
Confirmation of Employment As a prerequisite to issuing a work permit, an immigration officer will generally require a Labour Market Opinion or a "confirmation of employment" from HRSDC. An employer who wishes to hire a temporary foreign worker is responsible for having the job offer validated by HRSDC. HRSDC will base its confirmation of employment on the following factors:
-
guidelines introduced by Service Canada for minimal recruitment efforts are as follows and are strictly adhered to:
-
NOC O and A Occupations You will have conducted the minimum advertising efforts required if you: • Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or • Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO
-
If HRSDC is satisfied that the employment offer to a foreign national will not adversely impact the Canadian labour market, it will issue a confirmation of employment or LMO to the employer and enter the confirmation of employment into a database that can be accessed by immigration officials.
-
The employer then generally sends the foreign worker a copy of the LMO, as well as a detailed employment offer to be presented to immigration officials when the worker applies for his/her work permit at an overseas Canadian Consulate or upon the worker's arrival at a port of entry, if the worker is coming from a country that is visa exempt. Upon receipt of the HRSDC confirmation, immigration officials will decide if the foreign worker otherwise qualifies for a work permit.
-
confirmation process through HRSDC is a distinct stage from that of the work permit issuance by CIC. Currently the processing time at HRSDC is estimated at 3 to 5 weeks after receipt of acknowledgement of the application. Acknowledgements of receipt are currently taking 2 to 3 weeks.
-
Workers who require a work permit but not a confirmation of employment include those who are found to provide a significant benefit to Canada, spouses of temporary foreign workers, information technology workers, graduate students under a specialized work program and those who qualify for exemptions under NAFTA and GATS.
-
a 4 year cap on LMOs and an expiry date so foreign workers must rely on it within 6 months of issue or new recruiting efforts will be required.