Criteria to Hire a Foreign National

Requirements for Hiring Foreign Workers

In some cases, an employee requires both a Temporary Resident Visa (TRV) and a temporary work permit in order to begin working at the University. A visa allows a foreign national to come to Canada for a certain period; a permit allows a foreign national to do a particular activity once here (e.g., study permit or work permit).Temporary Canadian residents (visitors, workers and students), must not allow either their visas or permits to expire. Citizenship and Immigration Canada’s online application can help identify the specific documents required for specific circumstances.

When a unit wishes to hire a foreign worker who is neither a Canadian citizen nor permanent resident, the individual must obtain a temporary work permit under the Temporary Foreign Workers Program (TFWP) in order for the individual to legally work in Canada.

In order to comply with the requirements of the program, all recruitment must follow the policies established by the University and Employment and Social Development Canada (ESDC).

It is strongly advised that you contact your HR Divisional Office who will advise on the following requirements.

Posting the position

Here are the steps to take:

  1. Post the position on the Government of Canada’s national Job Bank
  2. Keep the posting active until the Labour Market Impact Assessment (LMIA) application is approved by the Employment and Social Development Canada (ESDC)
  3. Post the position using two or more additional recruitment methods, one of which must be national in scope, for a minimum of four (4) weeks from the date of posting (the University’s Careers page can be used to satisfy the requirement for posting somewhere national in scope)

Applying for a Labour Market Impact Assessment

You must apply for a Labour Market Impact Assessment (LMIA) before you can hire a temporary foreign worker.

A positive LMIA will only be granted if ESDC reaches the following conclusions, based upon the application submitted:

  1. There is no Canadian worker available to do the job
  2. There is a need for the temporary foreign worker (TFW) to fill the job
  3. Hiring a TFW will not negatively affect the Canadian labour market
  4. There is a plan in place to transition the work in question to the Canadian workforce within a reasonable period of time (the transition plan for specific activities will be based on the offered salary, relative to the provincial median hourly wage)
  5. The employer has paid the $1,000 LMIA fee per position to ESDC (see the Government of Canada websites for more information)
  6. If an LMIA is not required, pay the $230 compliance fee and work with your Divisional HR Office to complete an Offer of Employment submission

What you need to obtain from your prospective foreign employee

In addition to arranging an offer of employment, your HR Divisional Office will work with you to determine whether the following are required:

If you are interested in hiring a foreign national, please contact your HR Divisional Office.

NB: Service Canada will not approve LMIAs for positions equal to, or less than, 30 hours per week or 80% full-time equivalent (FTE).