Vancouver Employing Foreign Workers Lawyer

Looking to hire workers from China? We speak Mandarin Chinese and can communicate with both you and your employees in both Chinese and English. This is a significant advantage when it comes to navigating the complex immigration landscape.

Hiring internationally trained workers (ITWs) offers significant competitive advantages. Let us help you harness those advantages by guiding you through the process.

Hiring Temporary Foreign Workers

To hire temporary foreign workers you will need to complete a Labor Market Impact Assessment (LMIA). This tells the Canadian government you did everything in your power to recruit and hire Canadian citizens or permanent residents first. It also tells the government that the proposed position meets British Columbia’s labor market standards, and that you have a long-term plan in place for hiring Canadian workers.

Some positions will require you to provide more than wages. For example, many positions require employers to ensure access to affordable housing. Most temporary workers must also be provided with a contract to protect the employee while they are working in Canada.

In British Columbia, you must register with certain programs. These include:

• The Temporary Foreign Worker Program
• The Seasonal Agriculture Worker Program
• The Home Child Care Provider or Home Support Worker Program

You do not need to register if you’re an excluded employer, if you currently employ foreign workers and do not plan to hire additional workers, or only hire foreign workers under the PNP program, or the International Mobility Program (IMP). 

Once approved, you’ll receive a certificate of registration valid for up to three years. 

We can help you get your LMIA approved. It is not easy. The process can take up to six months even when everything goes right. Let us help you prevent delays by ensuring that your LMIA application is as strong as possible.

Hiring Permanent Foreign Workers

One of the best ways to hire permanent foreign workers is to use Job Match to find a federal Express Entry candidate. This tells you that these workers already have a desire to become permanent residents of Canada and that they have already passed enough qualifications to enter the Express Entry database. You’ll also be able to search candidates who qualify under British Columbia’s Provincial Nominee program.

Candidates with a valid job offer earn 50 to 200 points on the Express Entry system, depending upon the type of work on offer. You will give someone an excellent chance of being selected to apply for permanent residency, and will give them what they need to apply for a work permit in the meantime. 

You have to perform an LMIA when you hire through Job Match as well, but this allows you to apply for a free one. 

Hiring International Students

Students who have completed a program of study in Canada have 90 days after the end of their program to apply for a closed work permit or to leave Canada. In many cases it might be wise to offer the student a co-op or internship while they are still studying.

If you don’t have a co-op or internship to offer them, try to hire them as close to graduation as you can. They can then apply for a post-graduate work permit (PGWP) and can accept your job offer right away. 

The International Mobility Program

If you want to bypass the LMIA program altogether you can hire through the International Experience Canada (IEC) program. This program targets workers between the ages of 18 and 35 who want to travel and work in Canada. 

To find these individuals, search the IMP Employer Portal to find workers who match your qualifications. 

These workers will always be temporary workers.

Trade and Reciprocal Employment Agreements

Companies with multiple branches around the world can move some of those employees into Canada with neither an LMIA or a work-permit. Intra-company transfers from offices in the United States or Mexica are permissible.

There are also a few reciprocal programs where other nations take some of our employees in return for us taking some of theirs. 

How a Vancouver Employing Foreign Workers Lawyer Can Help

We can help you navigate the LMIA process and ensure that you as an employer are meeting all of your responsibilities towards your foreign workers, both temporary and permanent. We can smooth the process of navigating immigration law so you can get your employee hired and working as quickly as possible. 

FAQ

Who can work in Canada?

Citizens, permanent residents, and those with a work permit can work in Canada. So can International students for up to 20 hours per week if they have a valid study permit. Students may work full-time on summer break. 

Are there exceptions to the LMIA?

Yes. First, if an employee has already managed to secure an open work permit on their own then you can hire them without an LMIA. Canada has already determined that hiring them will be beneficial to Canada.

There are also certain professions that do not require an LMIA. They are:

• Athletes
• Aviation accident inspectors
• Civil aviation inspectors
• Clergy members
• Convention organizers
• Emergency service providers
• Examiners and evaluators
• Expert witnesses and investigators
• Health care students
• Judges, referees, and other sports officials
• Military personnel
• News reporters and media crew members
• Performance artists
• Public speakers

Is it difficult to get an LMIA? 

The LMIA follows a process. First, you must post the job in Canada’s Job Bank, and you must conduct at least two additional methods of recruitment consistent with the occupation. This is to show that you have made adequate efforts to hire permanent residents or citizens, first. When you apply for the LMIA you must show proof of this advertisement, and you must leave the advertisements up until your LMIA is approved.

Second, you must follow the normal recruitment procedures, which means you must continue to consider and screen any permanent residents or candidates you receive as applicants. It’s a good idea to include summaries on each of the other applicants with your LMIA, discussing why they were not suitable to the position. You must keep records of these efforts for at least six years. 

You must then submit your LMIA application form, along with:

• Proof of recruitment
• The employment contract
• Evidence your company has had no issues with compliance in the past
• Documents proving you can fulfill all the terms of your job offer
• Documents proving you provide goods and services in Canada
• Documents proving the position you are offering fulfills a legitimate business need
• Your processing fee

This all goes to Employment and Social Development Canada (ESDC). Once you submit your application you will receive a file number. Eventually ESDC will schedule a phone interview with you to confirm the details on the application and to discuss your attempts to recruit domestic workers. As your immigration lawyers, we can prepare you for this interview.

The process takes up to six months and it’s not an easy one to navigate. Employers often hear that ESDC has found their attempts to recruit Canadian workers to be insufficient, or that ESDC feels they have turned down perfectly good candidates. When you work with our law office you’ll save time and money by making your LMIA application as strong as it possibly can be. 

What responsibilities do employers have after hiring a foreign worker?

Many of the responsibilities are the same ones employers have always had. Employers must follow federal employment standards and meet WorkSafeBC requirements. They must also provide information to foreign workers about their rights by sharing the Foreign Workers Infosheet.

Employers cannot keep a foreign worker’s passport or other official documents, nor can they reduce the wages of a foreign worker, or vary, reduce, or eliminate any other benefit or term and condition of their employer to recoup the expenses of recruiting them. You may not charge your employees for recruiting in any way. 

It is also against the law for you, as an employer, to threaten deportation. Nor can you threaten them or retaliate against foreign employees for participating in a government investigation, or for making a complaint to a government or law enforcement agency.

You may not produce or distribute false or misleading information relating to recruitment services, immigration, immigration services, employment, or housing for foreign workers. You also may not misrepresent employment opportunities, including the position, duties, length of employment, wages, or benefits.

Finally, all records kept in regards to the foreign employee must be kept for at least four years and be made available upon request. This includes signed contracts, records of fees and expenses related to recruitment and hiring, and the name, address, and work location of each worker. You also should keep your payroll records for four years, as well as the approval you received from the government to recruit and hire temporary foreign workers. 

Get Help Today

We have helped some of Canada’s most prestigious employers meet the needs of their business through the process of hiring foreign workers. We make the process as smooth as possible so you can get these workers on the job as swiftly as possible.

We are responsive, skilled, and ready to stand with you throughout every step of the process to make sure that you don’t hit unnecessary roadblocks. We are excited to learn more about your business and your staffing needs. 

Chinese Lawyer Vancouver serves clients in Vancouver, Abbotsford, Langley, Surrey, and White Rock. Call to set up an appointment today.