Process to Hire a temporary foreign worker Canada
- Obtain a positive Labour Market Impact Assessment (LMIA): Employers must first obtain a positive LMIA from Employment and Social Development Canada (ESDC) in order to hire a temporary foreign worker. This process involves demonstrating that there is a need for the worker and that there are no Canadians available to fill the position.
- Apply for a work permit: Once the employer has obtained a positive LMIA, the foreign worker must apply for a work permit. This can be done at a Canadian visa office outside of Canada or at a port of entry if the worker is eligible for an open work permit.
- Meet the requirements for the specific program: Employers and workers must also meet the requirements of the specific program under which they are applying. For example, the International Mobility Program (IMP) does not require a LMIA, but instead, the employer must demonstrate that the work permit will have a significant benefit to Canada. The International Mobility Program (IMP) is a program managed by Immigration, Refugees and Citizenship Canada (IRCC) that allows foreign nationals to work in Canada temporarily without the need for a Labour Market Impact Assessment (LMIA). This means that employers do not have to demonstrate that there is a need for the worker and that there are no Canadians available to fill the position. The IMP applies to foreign workers who are coming to Canada under certain international agreements, such as the North American Free Trade Agreement (NAFTA) or the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), or under specific programs, such as the International Experience Canada (IEC) program or the Commonwealth Scholarship program. Under the IMP, the employer must demonstrate that the work permit will have a significant benefit to Canada, such as the transfer of skills or knowledge, or the creation of jobs for Canadians. The foreign worker must also meet specific criteria, such as having a valid job offer and being able to support themselves financially while in Canada.
- Comply with employment laws and regulations: Employers are also responsible for ensuring that they comply with all relevant employment laws and regulations, including those related to wages, working conditions, and health and safety.
- Meet the specific requirements for the worker’s home country: The worker also may need to meet specific requirements of their home country, such as obtaining a medical examination or obtaining a police clearance certificate.
It’s important to note that, as with any work permit application, the worker still needs to comply with immigration laws and regulations, including meeting the specific requirements for entry to Canada, and the employer still needs to comply with employment laws and regulations.