Hire Foreign Workers in Canada

Rosenblatt Immigration Law will carefully advise and represent Canadian employers and foreign workers to obtain work visas. Many foreign workers may become eligible to apply for permanent residence once they obtain a work permit.

“Foreign Workers” are temporary residents who may be authorized to work with or without a work permit. “Work” is “an activity for which wages or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market”.

Obtaining Labour Market Impact Assessment (LMIA) from Service Canada
Service Canada, also known as Employment and Social Development Canada ESDC) must usually approve an employer’s application for a LMIA before a foreign worker can be approved for a work permit by Citizenship and Immigration Canada. However, some foreign workers (such as intra-company transfers) only require a Work Permit and not an LMIA. ¬†ESDC ensures the wages and working conditions are comparable to those offered to Canadians and confirm the employer conducted reasonable recruitment efforts to hire or train Canadians for the job.

Intra-company Transferees (LMO Exempt Category)
Intra-company transferees may apply for work permits if they are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national company. They must be taking a position in an Executive, Senior Managerial, or Specialized Knowledge capacity and have been employed by the company outside Canada in a similar full-time position for one year in the three-year period immediately preceding the date of application. Qualified intra-company transferees are LMIA exempt. This applies to foreign nationals from any country. Senior managers and executives may receive work permits to establish a new business in Canada.

Spouses of Work Permit Holders
Spouses or common-law partners of skilled people, coming to Canada as temporary foreign workers for more than six months (not low-skilled workers), may receive an “open work permit” allowing them to work for any employer without first having a confirmed job offer.

Provincial Immigration Programs
Each province has a provincial immigration program. These programs may enable foreign workers to get permanent residence faster. Usually employers file a joint application with the foreign worker after the worker has been working in Canada for them. Some provinces (i.e. British Columbia) allow employers to sponsor workers for permanent residence without the worker first working in Canada.