Frequently Asked Questions

Should I hire a foreign worker?

Our office can help you determine whether to recruit a foreign worker.

A temporary foreign worker will be considered if the job:

• is temporary; or
• is permanent, but an employee is needed to bridge the gap until a Canadian worker can be recruited or trained.

A permanent worker may be required:

• if a Canadian cannot be trained in time to meet your need; and
• if the job offers reasonable prospects of continuity.

We can assist our clients to recruit abroad. Our help may include: advertising and interviewing. We can also give you an estimate of how long immigration processing may take.

When planning to recruit workers from abroad, remember that although the entry of people into Canada is regulated by the federal government, immigration programs are carried out in co-operation with provincial governments. This means that the admission of foreign workers may be affected by the immigration and labour policies within your province.

What does my company have to prove to HRCC?

You will be asked to demonstrate that:

1. You made reasonable efforts to hire or train Canadian citizens and permanent residents;
2. Suitably qualified Canadian citizens and permanent residents were considered first and were not available, or could not be trained in time to fill the position for which the foreign worker is requested;
3. The required skill level, working conditions, salary and other factors are sufficient to attract Canadians, as well as warrant the recruitment of foreign workers. You should also be prepared to provide the HRCC with the following information:
   1. a description of the duties;
   2. the wages and working conditions;
   3. a statement of essential qualifications, registrations or licenses the worker needs,
   4. name, birth date, place of birth and address of the foreign worker you intend to hire;
   5. a Canada Customs and Revenue Agency (CCRA) Business Number (BN); and
   6. a brief description of your company/organization, including the number of employees and its products or services.
4. That you have contacted appropriate unions or professional associations to identify suitable candidates from within Canada;
5. The admission of the foreign worker can create or maintain employment in Canada, provide training opportunities or transfer specialized knowledge to Canadian citizens or permanent residents, or strengthen a company's competitive position in the international marketplace.

The HRCC officer needs this information to determine whether the job can be filled from within Canada, if the foreign worker will help maintain or increase employment and training opportunities, or if other employment programs and services could help meet your needs. To make sure that suitable Canadian workers will be able to fill any future job vacancies, you may have to develop a human resources plan for your operation. Human Resources Development specialists may be able to help you with this task.

A HRCC officer will consider your request for a foreign worker once satisfied that:

• Job and career opportunities for Canadians will not be adversely affected by the entry of a foreign worker; and/or
• There will be benefits if a foreign worker is recruited.

Note: A HRCC employee cannot approve an offer of employment to a foreign worker, nor can an Immigration officer issue an employment authorization if:

• The wages and working conditions offered would not attract and retain Canadian citizens and permanent residents;
• Employing a foreign worker would affect the settlement of any labour dispute, or the employment of any person involved in such a dispute, at the place or intended place of employment; or
• The job offer is insincere or is designed to make the job inaccessible to Canadian citizens and permanent residents.

Once your company  has a job offer validation. How do we advise the foreign worker?

Once the job offer has been validated, the HRCC will send details of the job to the immigration office where the worker will be applying. At the same time, the employer should send the prospective foreign worker a copy of the validation of the offer of employment. It is the responsibility of the foreign worker to then apply to Citizenship and Immigration Canada for an employment authorization and attach the employment validation to his/her application.

What are the immigration requirements for foreign workers?

To work in Canada, most temporary foreign workers need valid employment authorizations. Workers can obtain more information on how to apply at their nearest Canadian embassy or consulate overseas or local immigration centre in Canada.

Foreign workers are required to pay a fee to help cover the cost of processing their application for an employment authorization. The fee is not refundable.

If an employment authorization is issued, it will be valid only for the specified job and time period. Depending on the intended occupation and the length of employment in Canada, a medical examination may be required.

How do I know if someone is permitted to work in Canada?

People who are neither Canadian citizens nor permanent residents of Canada require written permission from Citizenship and Immigration Canada before they begin working or continue working in Canada. This written permission is called an employment authorization.  Employers should always ask for a landing document or evidence of Canadian citizenship or employment authorization.

I want to hire a particular worker who is neither a Canadian citizen nor a permanent resident and who does not have an employment authorization, but I'm not sure that I can. What should I do?

Call our office and we can advise you on the process to follow. Do not allow the person to work until the worker provides you with written authorization.

What if I hire someone who doesn't have a valid employment authorization?

If you hire someone who is not allowed to work here, or if you hire someone whose employment authorization has expired, both you and the person you employ may be liable to prosecution.

Are there any terms or conditions on the foreign worker's employment authorization?

An Immigration officer may impose terms and conditions under the Immigration Act when issuing an employment authorization. These will be shown on the employment authorization. They may include the type of employment, employer, location, and duration.

When is an employment authorization for a foreign worker not required?

These cases are rare. There may be other documentation available to help you determine if the person is allowed to work. However, it is best to assume that any foreign worker you hire will require an employment authorization.

FOR FURTHER INFORMATION PLEASE LOG ON TO www.hrsdc.gc.ca