Foreign Worker: Application for Labour Market Opinion November 29, 2012 Presented by: Frances Hannigan, RCIC HR - WatPort
Who needs a Work Permit? • Most foreign workers require a valid work permit before they can be legally paid for their employment • Most common cases are regular full-time faculty who do not hold a Canadian passport • However, any worker that do not hold a Canadian passport requires a work permit; this includes PDFs, Research/Teaching Assistants, Research Professors, Lab Assistants/Technicians • Work permits cannot be issued for part-time work regardless of occupation
HRSDC vs. CIC Human Resources and Skills Development Canada • Is part of Service Canada, therefore does not answer to Citizenship & Immigration Canada • Main purpose of the LMO is to keep track of and advise the Federal & Provincial governments of the labour movements and shortages in Canada Citizenship & Immigration Canada • Is the Federal body that regulates foreign nationals’ movements in and out of Canada • Is the only authority that can provide legal “permission” to any foreign national to work in Canada
HRSDC & CIC • Immigration and Refugee Protection Regulations 203(1) requires that all work permit applications must be accompanied by a neutral or positive opinion (the Labour Market Opinion – LMO) from HRSDC • HRSDC does not answer to CIC, their main duty is to regulate the labour market in Canada – and specifically the area where the LMO application is being made What does this mean to you when hiring a foreign national? The LMO is not always a guarantee!
Hiring a Foreign Faculty Once the signed Letter of Appointment is received from a foreign new faculty, what happens next: • Application for a Labour Market Opinion must be made and an LMO Confirmation must be obtained • The foreign new faculty must obtain a work permit with an LMO Confirmation • All LMO’s are valid for 6 months • Upon re-appointment of the foreign faculty, a new Labour Market Opinion must be obtained in order for the faculty member to renew his/her work permit (unless s/he has since received their PR status/card)
Who doesn’t need an LMO Confirmation Most foreign workers require a work permit but in some cases, no LMO Confirmation is needed: • Guest Lecturer • Visiting Professors • Post Doctoral Fellows • Research Award Recipients • International Agreements such as NAFTA, CCFTA and GATS
Who doesn’t need an LMO Confirmation Guest Lecturer: • Delivers a series of lectures or talks • Holds a position for a period of less than one academic term or semester • No requirement to be a professor • Does not have to hold a PhD • Mainly used for someone staying for longer than 5 days to present but less than an academic term (academic term is to be defined by the University & must be within reason) • HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation Visiting Professor • Works for a period of not more than two academic years • Retains their position abroad and MUST be returning to his/her position abroad (proof must be provided in form of a letter of intent to return) • Must meet the requirements of the NOC description for a Professor (NOC 4011) • HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation Post Doctoral Fellows • Candidate has completed a Ph.D. or equivalent (CIC will accept the University’s word that the candidate has equivalent qualifications for a PhD) • Works in a field related to that in which they earned their Ph.D. • Appointed to a time-limited position granting a stipend or salary • HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation Research Award Recipient • Applies only to persons who are the direct recipients of an academic research award paid by a: • Canadian source, or • foreign source • Researchers working for other award recipients are not covered under this provision – i.e. Research Assistants, Graduate Students • HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation International Agreements • North American Free Trade Agreement (NAFTA): applies to citizens of USA and Mexico only – HRSDC LMO exempt (T23) • Canada Chile Free Trade Agreement (CCFTA): applies to citizens of Chile only – HRSDC LMO exempt (T23) • General Agreement on Trade & Services (GATS): applies to citizens of the WTO Member Nation (or PR of Australia or New Zealand) – only applies to specific occupations – HRSDC LMO exempt (T33)
NAFTA In some instances it may be “easier” and “faster” for a US faculty member OR definite term Research Assistant/Associate to apply under NAFTA. This can be done directly at the port of entry as they are entering Canada. Proof required: • PhD Degree (or certified copy) • Current CV (preferably the one used to apply for uWaterlooposition) • Letter of Offer from uWaterloo • Valid US passport (proof of citizenship) A template letter to facilitate this can be requested from WatPort.
NAFTA NAFTA can be used at any time for a work permit for a US citizen in certain professional occupations. Instances of possible use: • Re-appointment, • Contract extension of definite term appt., • Work permit expiring within days, • Insufficient time to apply for an LMO, • LMO denied Only requirement is that it must be applied for at the port of entry upon entering Canada or at a Canadian Consulate in the US.
Hiring Foreign non-Faculty RA/TA / Lab Techs / Visiting Scholars / Staff • If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO Confirmation IS required before a Work Permit will be issued • Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain • Contact me right away to find out what needs to be done
Visitors Many times visitors are invited to “visit” but terms of their visit change after their arrival. These changes to the terms of their visit can affect their immigration status. Contact me right away to find out what needs to be done. To help determine before a visitor is invited to visit, what is required for their immigration: • Non-Faculty/Non-PDF Checklist • Letter of Invitation – Generic (Non-Fac/Non-PDF)
The Labour Market Opinion HRSDC forms: www.watport.uwaterloo.ca • What are they: Recruitment Summary Form & the Foreign Worker Application – Application for Labour Market Opinion • Where to find them: www.watport.uwaterloo.ca/OnCampus/indexWP-Employer.html • How to complete them: www.watport.uwaterloo.ca/OnCampus/LMOApp1.html • To Whom do they go to: www.watport.uwaterloo.ca/OnCampus/GeneralInfo.html
How to complete the LMO Application Forms • Download the form from the WatPort site – this is necessary as there are some completed fields already that change on an annual basis with up-to-date information • Changes to Box 65 re: Union status • Follow the instructions on the step-by-step guide • In most instances, all forms must be sent over to the VP – Academic for signing/approval (for faculty positions only) • Once completed, follow the instructions on the first web-page (General Information) to send it to Saint John, NB for faculty positions and for all others, contact me to submit through the ALMO process • If you receive a denial of the LMO, call me!
LMO Confirmation • Normal turn-around time for faculty positions: 48 hours • Normal turn-around time for all non-faculty appts: 6 to 10 weeks • Normal turn-around time for ALMO appls: < 10 days • If you are called by HRSDC, they are simply looking to clarify a point • Make sure to keep a copy of the LMO Confirmation in the employee’s file in either the Dean’s or Chair’s office • The original fax must be given to the new employee for them to include with their work permit application
The Work Permit Once the LMO Confirmation is received by your new employee, they must do the following: • Download a work permit application form: www.watport.uwaterloo.ca/OnCampus/indexWP-Employee.html • Follow the instructions given on the WatPort site: www.watport.uwaterloo.ca/OnCampus/WP-GeneralInfo.html • The actual work permit is not issued to the new employee until they enter Canada at any port of entry – they will only receive a Letter of Confirmation of Work Permit, which they must present at the port of entry along with supporting documents
What Happens Next Once your foreign new faculty arrive on campus: • Be sure to ask for a copy of their work permit to add to their employee file (this will help you to remember to apply for a new LMO when it comes time for the re-appointment) • Point them to the WatPort site or refer them directly to me for any questions related to relocation or their immigration • Call me or refer me to the foreign new employee if they have any questions about spousal/partner work permits or are looking to apply for PR
Extension of LMO When it’s time for the foreign employee to be re-appointed: • Make sure that the faculty member has not already received PR – applying and having an application in the process does not negate the fact that they still need a work permit to be legally paid for their work! • Once the re-appointment letter has been signed, Application for a Labour Market Opinion must be completed and faxed to Saint John, NB for faculty positions and Downsview, ON for all others • The form can be downloaded from the WatPort site: www.watport.uwaterloo.ca/OnCampus/ExtendGenInfo.html If an LMO was needed the first time to get the work permit, a new LMO will be needed for the re-appointment!
How to reach me…. • On campus: GSC 138 • By phone: ext. 36332 • By fax: 519-888-4341 • By mobile: 519-498-4277 • By email: email@example.com • On the web: www.watport.uwaterloo.ca Thank you!