How to Hire Foreign Workers in Canada in 4 Steps
Let’s have a closer look at the Temporary Foreign Worker (TFW) Program.
This program is a Government instrument through which Canadian employers can bring Foreign Workers to Canada or to hire those already in Canada in order to fill a temporary labour shortage. This program can be sought by a Canadian Employer for up to 4 years.
How to Hire Foreign Workers Who Are Already in Canada
Foreign workers who have already obtained employment in Canada and whose existing job contract with another employer is expiring may be hired.
The requisites are:
- The foreign worker is already in Canada.
- The foreign worker is working with another employer.
- The foreign worker’s existing job contract with a different employer is about to be completed, or the worker has an open work permit that permits him or her to work for any Canadian employers.
Processing Canadian Foreign Worker Applications
- The processing period differs depending on the where or how the application was sought
- The application process is the responsibility of a foreign worker, not the employer. However the employer may need to apply for a Labor Market Opinion (LMO) from Human Resources and Skills Development Canada (HRSDC).
Criteria for Employers Who Want to Hire Foreign Workers in Canada
Any employer cannot outrightly hire a worker under Temporary Foreign Worker Program without first qualifying from certain criteria and requirements set forth by law.
Labor Market Opinion (LMO)
A labor market opinion (LMO) is usually required of a Canadian employer to hire foreign workers, subject to the exception of certain jobs that do not require an LMO. An LMO can be obtained from Service Canada for the following:
- for a particular worker or position, or
- for pre-approval for a series of employment positions, which mostly apply when recruiting for a large number of foreign workers.
4 Steps to Hire a Temporary Foreign Worker in Canada
As an employer, you may bring foreign workers to Canada in four (4) steps.
- First thing to do is determine whether you need to file an application for a Labor Market Opinion (LMO). Canadian employers commonly retain an immigration lawyer to perform the tasks from assessment to the issuance of the proper work permits to prospective foreign employers whom employers seek to hire.
- If required, you may apply for a Labor Market Opinion (LMO) from Service Canada. Upon receiving from Service Canada a positive LMO, you will have to send specific documents to the prospective foreign worker who will use those documents in applying for a work permit. The alien worker you seek to hire will include the following in his or her application for a work permit:
- the confirmation letter of the positive LMO
- your written job offer
- a signed contract in some cases
- Get your prospective foreign worker fill out and complete the work permit application. In cases when employers retain an immigration lawyer, they just leave this task to their attorneys, and benefit from the hassle-free method of hiring foreign workers.
- An officer at Canada Border Services Agency, if the worker is qualified, will issue the work permit at the port of entry at the time the foreign worker comes to Canada.
Would You Like to Know More About How to Hire Foreign Workers in Canada?
The skilled immigration lawyers at Niren and Associates have been processing permits and visas for Canadian employers on behalf of foreign workers for over 15 years. Contact us today and let us help you take the guesswork out of this immigration process.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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