First and foremost, they must check that the candidate has a valid work permit allowing him/her to work for any employer. This is called an “open” permit.
If this is not the case, the employer will have to “support” the candidate’s work permit application, in other words, the employer will have to supply a job offer or a preliminary Labour Market Impact Assessment (LMIA) and a CAQ – Quebec Acceptance Certificate (only in this province), in accordance with the suitable program. The candidate then takes care of the application for a work permit.
If the job and the candidate’s profile call for them to go through a LMIA application, the employer will have to prove that he is unable to fill the position with a Canadian worker or someone with a permanent resident status.
This is generally done by demonstrating that no candidates fitting the job description have been found, after posting a job offer carried out according to precise rules.
This process can seem tedious. However, the shortage of labor in Quebec and Canada over the past few years means that demonstrating the need to hire a foreign candidate is all the easier.
It is to be noted that the use of a LMIA with a job posting is not systematic. Depending on numerous criteria, such as age, the candidate’s nationality, his/her profile and the conditions of the position, employers often only need to supply the candidate with a job offer via the IRCC Employer Portal.
The work permit obtained either with a LMIA or a job offer on the IRCC Employer Portal, will be “employer-specific”, that is to say, the foreign candidate can only work for the employer who “supported” his application and for the stated job.
For as long as the foreign candidate does not have his/her work permit, he/she cannot start to work, nor do a trial or start training for the employer. Rare exceptions exist. They are however so limited that it is advisable to consult with a professional.
Hiring a foreign worker: where to start?
The employer must start by finding the foreign candidate he wishes to hire. It is not possible to apply for a “blank” work permit, just in case the necessity arises.
Once the candidate is found and the conditions of the job have been discussed, it will then be possible to determine which is the most appropriate work permit programme, and so, what type of job offer or LMIA should be presented by the employer.
Our role, as attorneys and regulated Canadian immigration consultants, involves defining the best temporary immigration strategy with our clients, that is, to recommend the best-adapted work permit program.
We offer a turnkey service for all types of LMIA and work permit, initial or renewal, tasking ourselves with all the immigration forms, the preparation of required documents, as well as communications with the authorities, whether for the employer or the employee. Personal data is collected in a secure environment, where nothing goes through email. We ensure an efficient monitoring of case files entrusted to us.
Our professionals are very familiar with the Canadian economic context; they provide expertise to companies and HR groups facing internal recruiting issues, as well as the retaining of foreign talent. In particular, they take care to assist employers and HR groups in the management of their foreign candidates, anticipating status renewals and keeping them up to date with regulatory compliance.
In this way, we offer a subscription to a “Q&A” service, answering questions on immigration on an unlimited monthly basis. We can also help our clients in the case of a compliance check by the authorities.
Lastly, we propose an access to a personalised platform, enabling the monitoring of the work permits. This platform brings together all the information regarding employees holding a work permit, notably permit issue and expiry dates, working conditions (salary, social advantages, vacation), as well as any relevant information regarding their immigration status.