HIRING A FOREIGN WORKER

What We Do

TECHMIND International takes care of the entire recruitment process on behalf of our clients with no additional fees. This is one of the unique advantages of our firm, we ensure that you are dealing with a single team of committed professionals working to ensure your hiring needs are met.

 

 

 

 

Labour Market Impact Assessment

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In most cases, in order to employ a foreign worker, Canadian employers must obtain a Labour Market Impact Assessment (“LMIA”) from Employment and Social Development Canada(“ESDC”). The purpose of the LMIA process is to ensure that hiring a foreign worker will not have a negative impact on the Canadian labour market. A positive LMIA confirms the company’s hiring needs and acts like a “permit” allowing the Canadian company to hire a foreign worker with a specific skill set. TECHMIND undertakes the entire LMIA process with the employer (our client) being the beneficiary of the LMIA. In order to obtain a positive LMIA, TECHMIND International has to demonstrate the following: efforts made to recruit available Canadian citizens/permanent residents; wages offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region; working conditions for the occupation meet the current provincial labour market standards; and potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge. An LMIA application is typically supported by a detailed cover letter, a recruitment summary and a copy of the proposed employment contract. The employment contract will be conditional on the employee being able to obtain the work permit. TECHMIND International undertakes the entire process on behalf of our clients.

Worker Specific LMIA or a Open LMIA

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An application for an LMIA can be submitted once a foreign worker is identified.  In addition employers are also able to obtain a pre-approval in principal for a certain number of employees in a similar position before the specific foreign workers are identified.   Such a pre-approval is called an unnamed or blank  LMIA because the part of the application that identifies the worker is left blank.  Once ESDC issues a pre-approval, worker specific LMIAs can be obtained as soon as the foreign workers are identified.  An open LMIA is especially effective is a company is looking to hire more than one individual and has an anticipated time frame.  We can concurrently obtain a open LMIA at the same time as recruiting the specific foreign workers. Once the LMIA is approved the foreign worker can apply for a work permit which permits work in Canada.  LMIAs are valid for a period of six months.  Thus, the foreign worker has a six month window to apply for and obtain a work permit.

Work Permit

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Our team of in house immigration lawyers handles the work permit application on behalf of the foreign worker.  In most cases the work permit can be processed in one day at a point of entry into Canada (airport or the border). A work permit will typically be issued for a two year period allowing the foreign worker to work legally in Canada for that period of time.

The Immigration Process

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While immigration is mentioned in the course of this guide, the immigration process is placed entirely in the hands of the foreign worker. There are no additional actions or charges to the employer.