Services For Employers / Recruiters Of Foreign Workers
Crightney Immigration Inc. is pleased to offer to our corporate employers and small business employers a full range of immigration services to support your business needs. *NAFTA / USMCA Work Permits * Temporary Foreign Work Permits * Intra-Company Transferees:
Work Permits With LMIA / LMO:
Employers in Canada who are not able to recruit Canadian citizens or Permanent Resident can hire foreign workers to fill their labour shortages. Normally, if a foreign worker is not exempt from requiring a work permit, in all probability a foreign worker will require a work permit to work for an employer in Canada. When hiring a foreign worker, the employer in Canada must normally submit an application for a Labour Market Impact Assessment (LMIA) formally know as Labour Market Opinion (LMO) to obtain approval from Employment and Social Development Canada (ESDC) formally Human Resources and Skills Development Canada (HRSDC) to hire a foreign worker. ESDC will considerer many factors before approving an LMIA. Some of the few factors considered by ESDC are the wages being offered to the foreign worker, the working conditions, reasonable advertisement and recruitment efforts to hire a Canadian or Permanent Resident and genuineness of a job offer. If the requirements are met by the employer and the foreign worker has the skill sets to perform the work in the job offer, the employer may obtain a Positive LMIA.
If an employer receives a Positive LMIA, the employer should provide the Positive LMIA to the foreign worker they seek to hire. Once the foreign worker has the Positive LMIA, he or she can apply to obtain a work permit to work for the employer.
Undetermined Foreign Worker To Be Hired Later
Sometimes employers in Canada will recognize a qualified foreign worker(s) before making an application to ESDC for an LMIA application. As a result, it is possible to submit an LMIA application before a foreign worker(s) is identified for a particular position. The LMIA application without the foreign worker(s) name identified will be determined by ESDC and in agreement with the Temporary Foreign Worker Program regulation. Employers that are issued an Unnamed / Unidentified LMIA Confirmation will have six (6) months to identify any foreign worker(s) and have them apply for a work permit.
LMIA/ LMO Exemption
1) NAFTA / (USMCA): In some situations Employers can hire foreign worker without applying for a Labour Market Impact Assessment. An employer hiring a foreign worker who is a USA citizen, and a Mexican citizen do not have to obtain an LMIA. These foreign workers are exempt from applying for an LMIA because of the United States Mexico Canada Agreement (USMCA) formally The North American Free Trade Agreement (NAFTA), a treaty between Canada, Mexico, and the United States designed to foster free trade between the three countries. Thus, NAFTA foreign workers can proceed to apply for their work permit without having to apply for an LMIA.
2) Intra-company Transferees: Foreign workers can be exempt from applying for an LMIA and proceed to apply for their work permit if they are eligible to apply as an Intra-company transferee. A foreign worker applying under the Intra-company Transferee category must be transferring to an employer in Canada that has a qualifying relationship with an employer in an overseas country in which the foreign worker is employed. The employer overseas and in Canada must have a parent, branch, subsidiary or affiliate relationship. The foreign worker must have been employed full-time with the overseas employer for at least one year in an executive, senior managerial or specialized knowledge position within the last three years and must be entering Canada to work in a similar position.
We will be happy to assist employers and your foreign workers with their Labour Market Impact Assessment (LMIA) Application, NAFTA / USMCA process, Intra-company Transferee process and Work Permit Application process.
If you are a recruiter or your company is recruiting foreign workers for your clients (employers), contact us. We are happy to assist you in all aspect related to work permits requirements of foreign workers.
For further information please contact us at [email protected].
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