Frequently Asked Questions from Employers About Immigration
Recruiting internationally can be very interesting for some companies, but the processes and procedures can seem complicated. This can sometimes wrongly discourage employers! That’s why in this article, Immétis answers the most frequently asked questions by recruiters.
IMMIGRATION PROCEDURES
Is it possible to handle all the procedures alone?
As an employer, nothing obliges you to hire an immigration professional for your international recruitment.
However, the advantages of being accompanied by experts in the field are numerous. Indeed, immigration lawyers have experience and in-depth knowledge of processes in Canada. By hiring these professionals, you will save precious time and maximize the chances of success for your recruitment project.
Additionally, the immigration professional can advise you on the immigration pathway as well as the type of work permit most suited to your project. A successful international recruitment requires meticulous planning. Hiring a professional significantly reduces the risk of errors and thus greatly increases your chances of having your application succeed.
However, be cautious when choosing a professional! In Canada, only immigration lawyers and Regulated Canadian Immigration Consultants (RCICs) are authorized to assist you. In Quebec, notaries can also provide this service.
What are the main steps to hire a temporary foreign worker?
To hire a foreign worker in Canada, the general rule is to prove that hiring the foreign national will not impact the local labor market. This procedure is called a Labor Market Impact Assessment (LMIA). In Quebec, it is done jointly with a Quebec Acceptance Certificate (CAQ).
Some programs are exempt from LMIA, thereby reducing the processing times. The most well-known is International Experience Canada (IEC).
You also need to plan the hiring process and adapt it to international recruitment. Indeed, depending on the candidates’ countries of origin, the time difference can be significant, and recruitment processes can differ.
Additionally, the platforms for posting job offers are not necessarily the same when you want to recruit international talent. It can be interesting to prioritize professional social networks like LinkedIn and platforms dedicated to international recruitment, such as immijob.com, for example.
Am I obligated to retain a worker with a closed permit for the entire duration of their permit?
In some cases, it is possible to lay off or dismiss a temporary worker even under a “closed” work permit. However, these procedures must be justified in the same way as for a Canadian or a permanent resident. In addition to employment law rules, immigration compliance rules apply.
COSTS
What are the expected costs?
For an LMIA application, the fees for 2024 are CAD 1,000 per requested position. The CAQ required in Quebec only costs CAD 444. These fees are necessarily borne by the employer.
For permits exempt from LMIA, CAD 230 compliance fees apply to the employer.
The fees for a work permit application are CAD 155 or CAD 172 under International Experience Canada. These can be borne by the employer or the candidate, depending on the agreement. Finally, biometric data collection costs CAD 85. These fees can also be borne by the candidate or the employer.
Can I ask the worker to pay the immigration procedure fees?
The only fees the worker can pay are those related to the work permit application and biometric data collection.
The employer cannot ask the worker to reimburse the recruitment fees incurred for hiring. The same goes for fees related to immigration assistance for procedures that must be completed by the employer.
TIMELINES
What are the timelines for international recruitment?
Generally, it takes about 2 to 4 months to process your LMIA and CAQ applications.
For work permits, processing times vary depending on the country of application.
For the entire process, including the search and recruitment of a candidate, the immigration procedures to be carried out as an employer, obtaining the work permit by your employee, and their arrival and installation in Canada, it generally takes from 2 months for the fastest processes to 9 months for the standard processes.
During recruitment, make sure to discuss your future worker’s availability. Are they ready to leave their country of origin as soon as their status in Canada is obtained, or do they need a few months for their relocation? These often-overlooked questions will help you plan a potential start date better.
COMPLIANCE
What are my rights and duties as an employer?
As an employer, you must comply with certain compliance rules. You must provide the worker with a copy of their employment contract and respect the information in it, including job duties, salary, etc.
In Quebec, if the worker holds a low-wage position (less than CAD 27.47 per hour), the employer must cover the round-trip transportation costs from their country of residence to Canada. The employer must also offer suitable and affordable housing to the worker or ensure that such housing is made available to them.
More generally, foreign workers have the same rights as a Canadian or a permanent resident: no more, no less!