Services For Employers / Recruiters Of Foreign Workers

EMPLOYERS:

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 / CUSMA Work Permits * Temporary Foreign Work Permits * Intra-Company Transferees and more:

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 / (CUSMA): 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 Canada-United States-Mexico Agreement (CUSMA) 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.

3) Free Trade Agreements Work Permits: Individuals from countries with which Canada has a free trade agreement may be eligible for temporary work authorization in Canada. To qualify, a professional must have a job offer from a Canadian employer for a position covered by the agreement and must meet other admissibility requirements for Canada. Canada has free other trade agreements with various countries, including the U.S. Mexico, South Korea, Honduras, Panama, Jordan, Colombia, Peru, Costa Rica, Chile, and Israel.

4) The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) also facilitates the entry of business visitors and certain foreign workers from European Union member states.

5) Francophone Mobility Work Permit: This category allows for the recruitment of French-speaking workers to fill high-skilled positions at Canadian establishments outside Quebec. There is no requirement for the foreign worker to have prior experience with the employer, nor is the employer obligated to prove that no Canadian worker is available for the role. The program aims to encourage the hiring of French-speaking talent, and some executive or professional-level applicants may benefit from expedited processing within two weeks.

6) Global Skills Strategy: The Global Skills Strategy aims to provide faster access to highly skilled foreign talent to support the growth of Canadian companies. This initiative focuses on reducing barriers and regulatory hurdles to attract foreign investment and expedite the entry of skilled workers. The two primary pathways include facilitating the swift entry of skilled foreign workers for short-term Canadian roles and the Global Talent Stream, which helps Canadian firms enhance their workforce with global talent.

Short-Duration Work Permit Exemptions:
Skilled workers traveling to Canada for less than 30 days are now exempt from needing a work permit. Those performing work for 30 days or less in highly skilled or managerial occupations can work without a permit. Additionally, researchers can be exempt from work permits for up to 120 days if they are working at publicly funded, degree-granting institutions at the college or university level.

Global Talent Stream:

The Global Talent Stream comprises two categories:

• Category A: For innovative, high-growth firms referred by a Designated Partner that need to hire unique and specialized talent. This talent typically has:

  • Advanced industry knowledge;
  • An advanced degree in a relevant specialization;
  • At least five years of specialized experience;
  • A salary usually starting at $80,000 or more.

• Category B: For Canadian businesses hiring highly skilled foreign workers for occupations on the Global Talent Occupations List, which includes roles such as:

  • NOC 20012: Computer and information systems managers;
  • NOC 21311: Computer engineers (excluding software engineers and designers);
  • NOC 21211: Information systems analysts and consultants;
  • NOC 21231: Software engineers and designers;
  • NOC 21234: Information systems testing technicians;
  • Various roles in digital media and design requiring at least five years of industry experience.

Both categories require firms to collaborate with the Department of Employment and Social Development to create a Labour Market Benefits Plan, showcasing their commitment to job creation, skills investment, and overall benefits to the Canadian economy through the employment of highly skilled global talent.

We will be happy to assist employers and your foreign workers with their Labour Market Impact Assessment (LMIA) Application, NAFTA / CUSMA process, Intra-company Transferee process and Work Permit Application process.

RECRUITERS:

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].

Get An Assessment Just Call Us +1 (647) 556-1781