Legal Approaches to Employing Overseas Worker in Canada

Knowledge of Work Permits

If one wishes to employ foreigners in Canada, one needs a lot of legal stuff, mainly to attain their work permits. One of the work permits involves employer-specific work permits. This binds the employees for any specific employer and specific job descriptions. The open work permit offers a lot of employment options.

Labour Market Impact Assessment (LMIA)

Many employers would require a Labour Market Impact Assessment. This is a document issued by Employment and Social Development Canada (ESDC) that proves hiring a foreign worker will not have a negative impact on the Canadian labor market. To get an LMIA, the employer has to prove that they have tried their best to recruit a Canadian or permanent resident for the position.

LMIA-Exempt Work Permits

Not all work permits require an LMIA. There are many exceptions, particularly under international agreements like CETA and USMCA. These agreements simplify the movement of some professionals, traders, and investors. Intra-company transferees, researchers, and students on post-graduate work permits are usually exempt from LMIAs

Global Talent Stream

GTS is the quickest way of hiring foreign talent, high-skilled in tech and STEM, for employers. This stream falls under TFWP, whose objective is to speed up the processing time so that a company can get its work permit within two weeks.

Compliance and Legal Obligations

The employers ensure conformity with laws and immigration rules in the country and maintain proper remuneration for their services, along with suitable work conditions that guarantee compliance with the rules agreed upon between the immigrants and the institutions issuing their permits. A periodic visit to these service providers, through authorities like the Canada Border Services Agency (CBSA) and the ESDC, ascertains such conformity.

Permanent Residence pathways

Even permanent residence opportunities may very well be used as a luring offer for these foreign working individuals. The PNP and the Express Entry system enable skilled foreign workers to change from a work permit to permanent residency status, which can help employees and employers alike with increased job security and long-term employment ties.

It is therefore the responsibility of employers seeking to hire foreigners to embrace all the legal routes and comply with all applicable laws in recruiting foreign talent for their company.

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