Are Foreign Workers Really An Option For Your Business?
- LabourGains Staff
- Jun 21, 2023
- 4 min read
Updated: Oct 27, 2023
The Temporary Foreign Worker Program (TFWP) is cumbersome (it will take many many hours of your life) and expensive ($1000 non-refundable application fee per worker), but if you’ve exhausted all domestic options, you may have no other choice.
The Canadian government offers several immigration programs designed for hiring foreign workers. To start the process, it is essential to be aware of all the immigration methods available to employers.
The following resources outline these conditions:
If you are looking to hire a foreign worker, you'll like need to follow these 4 basic steps:
1. Post your job ad
To be able to even entertain hiring a foreign worker, you must satisfy that federal government by illustrating you've exhausted all domestic resources. Specifically, this means posting an add for at least 4 weeks on the Canada Job Bank website (free), as well as for at least 4 weeks on another job site. Being the most used site on the internet by job seekers, I would recommend Indeed (also free for most postings). To be able to advance to the next step, as part of the LMIA process, you will need to prove that no qualified Canadian's or permanent resident's applied for the role.
2. Find out if your company requires an LMIA
Most employers need a Labour Market Impact Assessment (LMIA) before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA. In certain situations, employers are not required to apply for an LMIA but must submit an offer of employment through their Employer Portal on the IRCC’s website. Their foreign workers can then apply for a work permit based on an LMIA-exempt offer of employment. In certain cases, foreign workers are allowed to work in Canada without a work permit. The LMIA costs you $1000 to apply for whether you are approved or not. Is it a cash-grab? Absolutely. But still necessary evil if you want to play ball.
Learn more: How do I find out if I need a Labour Market Impact Assessment to hire a temporary worker?
3. Get an LMIA or submit an LMIA-exempt offer of employment
Employment and Social Development Canada (ESDC) requires an LMIA for any position, not in an exempt category. LMIA is a document that shows that a foreign worker is required to fill the vacant job post and there is no availability of a Canadian worker to do the job. A business needs a positive LMIA to prove no Canadian citizen or permanent resident can fill that position. However, you must know that the application process is not simple. The document preparation and application procedure can be tricky.
4. Have the worker apply for a work permit
A work permit that requires an LMIA may take anywhere from 3 months to 6 months to be approved, from date of application. Meanwhile, an LMIA-exempt work permit takes anywhere from 2 weeks to 3 months, assuming the foreign workers your business wishes to hire are on top of their paperwork. A position that doesn’t require a work permit could be faster since all it takes is a visa in good standing.
5. Tell the worker what to expect from their application and ensure compliance with the conditions of employment
make sure that the temporary workers have their work permit;
make sure that the temporary workers follow the conditions and time limits outlined on their work permit;
meet your commitments to the temporary workers regarding wages, working conditions and the occupation that was listed in the offer of employment or LMIA;
comply with provincial, territorial or federal employment laws;
ensure that your business remains active during the period of the work permit validity;
make reasonable efforts to provide a workplace free of abuse; and
help the temporary workers obtain the correct identification and documents (for example, social insurance number and medical documents).
IMPORTANT: Employers owe temporary foreign workers the same obligations as those owed to Canadian citizens and permanent residents. When dismissing foreign workers, employers must abide by employment legislation and provide adequate notice or payment in lieu of notice. Generally, when a temporary foreign worker is dismissed by a Canadian employer, he is eligible to remain in the country until his work permit expires.
6. Hiring a foreign worker already in Canada
Before you start the process, check your workers SIN (fingers crossed it is valid)! Employers can contact Service Canada's Social Insurance Registration Office at 1-800-206-7218 and select option “3” or 1-506-548-7961 if outside of Canada (long distance charges apply) to confirm the SIN of a current or former employee, and ensure that a new employee's SIN is correct. Employers will be required to provide their business number (issued by the Canada Revenue Agency), as well as appropriate identification regarding the company and the SIN holder.
To be blunt, the TFW program sucks. It is expensive and arduous, by design. The government doesn't want you to hire foreign workers, they want you to hire from within. If you've had it with the hiring process and hiring a TFW seems daunting, give us a shout and we will find you your unicorn!
Yorumlar