Hiring Foreign Workers | Nanda & Associate Lawyers

Hiring Foreign Workers

Canadian employers can recruit foreign workers on the basis of skill shortages they fill. For the successful Canadian business venture, Canadian employer may not find candidates with required skills in Canada and it may be essential to hire foreign worker. Foreign workers fill labour shortages in Canada and bring new skills to help the Canadian businesses succeed.

Before foreign worker start working in Canada, in most of the cases they must have a valid work permit to work in Canada. The employer who wishes to hire foreign worker, needs to submit an application for a Labour Market Impact Assessment (LMIA) to the Service Canada Centre for processing. Before confirming a job offer, Employment and Social Development Canada (ESDC) considers merits of the application and issue positive or negative LMIA decision. The foreign worker can then apply for the work permit based on the positive LMIA decision.

The International Mobility Program (IMP) lets employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on:

  • Broader economic, cultural or other competitive advantages for Canada; and
  • Reciprocal benefits enjoyed by Canadians and permanent residents.

Canadian employers are usually exempted to obtain an LMIA to hire workers if it is within the categories of

  • FTA (Free Trade Agreements)
  • NAFTA(North American Free Trade Agreement)
  • Intra-Company transferee

For businesses to be successful it is utmost necessary to keep qualified workers and Intra-company transferee is one of the option for Canadian businesses to succeed in the current global economy.

For more information on the above please contact us on nanda@nanda.ca