Every year over 90,000 foreign workers enter Canada to work temporarily to help Canadian employers address skill shortages. CIC and Human Resources and Social Development Canada (HRSDC) work together to ensure that these workers will support economic growth in Canada and create more opportunities for all Canadian job seekers.
What is work?
CIC defines work as an activity for which wages or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. In most cases, applicants must have a valid work permit to work in Canada.
What is a work permit?
A work permit is written authorization to work in Canada. Usually, it is only valid for a specified job and length of time. A work permit may be issued based on a “ Labour Market Opinion (LMO)” or “HRSDC confirmation” or may be issued based on other requirements.
HRSDC CONFIRMATION
Generally, foreign nationals who wish to work in Canada must obtain a job offer and HRSDC confirmation of the offer before applying for a work permit.
What is HRSDC confirmation? HRSDC confirmation is an opinion provided by HRSDC, which enables CIC to determine whether the employment of the foreign worker is likely to have a positive or negative impact on the labour market in Canada.
A prospective employer contacts HRSDC to get a job offer from to start the confirmation process. When the form is completed and submitted, HRSDC considers several factors, including the availability of Canadians and or permanent residents and the offered wages as well as the benefit the foreign worker would bring to Canada. HRSDC confirmation is typically given for a specific period of time, and a work permit may be issued to coincide with this period. Renewal of a work permit beyond the specified period may require a new opinion from HRSDC.
For work permits requiring HRSDC confirmation, the following steps must be taken prior to submitting the work permit application to CIC:
1. An employer must offer the applicant a job
An employer must make a job offer before a foreign national can apply for a week permit.
The job offer must contain the following information:
- A job title for the job they are offering.
- A description of the job, listing duties and responsibilities.
- A list of education, skills and experience that workers must have for the job, including a list of licences and professional credentials.
- Details on when the job will start and end. (Work permits are only issued for foreign workers who are coming to work in Canada for a limited time. If workers are coming to live and work permanently in Canada, they must apply for permanent residence).
- Details of the salary the employer is offering, including wages and other forms of payment (for example: room and board or commission).
- The name and address of the employer, and the address where the foreign worker will be working. Applications must include the name and phone number of a contact at the business who is familiar with the job offer so CIC and HRSDC can confirm the offer.
The role of the Canadian employer is to make a submission to HRSDC is an effort to satisfy the confirmation requirements. Although HRSDC makes the labour marker assessment, CIC officers assess the background and qualifications of applicants to ensure that they meet the specific requirements of the confirmed position.
2. HRSDC provides a LMO or confirmation of the job offer.
The role of HRSDC is to provide a labour market opinion on positions offered to foreign nationals. To do so HRSDC weighs several factors. R203 of the Immigration and Refugee Protection Regulations outlines these factors:
- Will the employment of the foreign national result in direct job creation or job retention for Canadian citizens or permanent residents?
- Will the employment of the foreign national result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents?
- Will the employment of the foreign national likely fill a labour shortage?
- Are the wages offered to the foreign national consistent with the prevailing wage rate for the occupation?
- Do the proposed working conditions meet generally accepted Canadian standards?
- Has the employer made, or agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents? and,
- Will the employment of the foreign national adversely affect the settlement of any labour dispute in progress or the employment of any person involved in a dispute?
Also important is the fact that HRSDC can provide a labour market opinion regarding whether the issuance of a work permit to a foreign national will have either a neutral or a positive effect on the labour market. In certain situation, this allows the HRSDC officer to confirm unpaid employment.
After HRSDC confirms that a foreign national may fill the job, the application may apply to CIC for a work permit. Temporary workers must also meet the requirements that apply to all temporary residents in order to come to Canada. Full details on how to apply for work permit are found on the CIC website under ‘Applications and Forms’ on the Application to Work in Canada: Work Permits page.
Excerpt taken from the CIC Admission News (CIC Vancouver Admission News)
A Notary Public, Certified Canadian Immigration Consultant and Mediator/Arbitrator, Editha Corrales Nelson’s preferred areas of practice are Canadian Immigration, Conveyancing, Powers of Attorney, Wills Preparation, International Legal Documents, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services. For an appointment, please call: 604-777- 2757.
The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, contact Editha Corrales Nelson at 604-777-2757.
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