I WANT TO
Hire a foreign worker
To work in Canada, foreign nationals who are neither permanent residents nor Canadians must obtain a work permit, commonly known as a “work visa”, with few exceptions. This rule applies even for very short employment periods, as long as the work is performed on Canadian soil.
Hiring a foreign worker, meaning someone who does not have permanent resident status or Canadian citizenship, requires several checks by an employer. From defining the best immigration options to the turnkey preparation of the application, our experts are by your side until the desired status is obtained.
THE BASICS TO
Hire a foreign worker
Fist and foremost, every employer must ensure that the candidate has a valid work permit that allows them to work for any employer. This type of permit is know as an “open” work permit
If not, the employer must “support” their candidate’s work permit application, meaning they must provide a job offer or a prior Labour Market Impact Assessment (LMIA) and a Quebec Acceptance Certificate (CAQ) (in this province only), depending on the applicable program.
The candidate is then responsible for submitting their work permit application
THE PROCESS OF
The Labour Market Impact Assessment
If the job and the candidate’s profile require a Labour Market Impact Assessment (LMIA), the employer must prove that they were unable to fill the position with a Canadian worker or permanent resident.
This proof is usually provided by demonstrating that no suitable candidate responded to the job posting, which was conducted according to specific rules.
This process may seem tedious. However, depending on various criteria such as the candidate’s age, nationality, profile, and job conditions, it is often possible to use a program exempt from LMIA.
QUALIFY FOR ONE OF THE
Multiple exceptions
Some exceptions to this rule exist. / There are exceptions to this general rule.
For certain LMIAs, advertising is not required. The profession is deemed “de facto” in shortage. This applies to professions eligible for Quebec’s simplified process or LMIAs under the Global Talent Stream.
The employer then provides a job offer to the foreign candidate, who can directly submit their work permit application.
For example, here are some programs that do not require an LMIA (and CAQ) :
- Intra-company transfers (corporate group)
- Young Professionals Permit
- Candidates selected by Quebec
- Francophone Mobility (outside Quebec)
THE IMPLICATIONS OF A
Work permit
The work permit, whether obtained after LMIA or exempt from one, will be considered “restricted” or “closed”, meaning the foreign talent will only be authorized to work for the supporting employer and in the declared position.
As long as the foreign worker does not have a valid work permit, they cannot start working, undergo a trial or begin training for the employer.
While rare exceptions may exist, they are so limited that it is best to consult with a professional for such situations.
WHERE TO
Begin the process
The employer must first find the candidate they wish to hire. It is not possible to request “blank” work permits in anticipation of one or more recruitments.
Once the candidate is identified and the job conditions are discussed, it is possible to determine the most suitable type of work permit, along with the immigration procedures to undertake.
CALL UPON
Our services
Our support service is turnkey: we handle all immigration forms, prepare the required documents and communicate with the authorities for both the employer and the employee.
We also ensure to establish the best strategy to increase the selection chances of your foreign talents, while managing costs and deadlines.
Our pricing formulas are fixed, clear and flexible: let us guide you!
- Labour Market Impact Assessments (LMIA)
- Post-LMIA permits
- LMIA-exempt permits
- Business and commercial visitors
- Compliance audits
- Q&A format assistance
ABOUT
Our expertise
Our immigration experts, who are well-versed in the Canadian economic environment, also provide their expertise to companies and HR groups facing international recruitment challenges as well as the retention of foreign talents.
In particular, they assist employers and HR groups in overseeing their foreign candidates, anticipating status renewals, and alerting them to compliance regulations.
We also offer subscription-based “Q&A” services, providing unlimited monthly immigration-related answers and assisting our clients in case of compliance checks by the authorities.
We also provide access to a platform that compiles all information related to employees holding a work permit, including the permit’s issuance and expiration dates, working conditions (salary, benefits, leave), as well as any relevant details related to their immigration status.