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RECRUITING FOREIGN WORKERS

RECRUITING FOREIGN WORKERS. Options, Solutions and Guidelines for Canadian businesses. BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys. Introduction. BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys. Our Law Firm.

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RECRUITING FOREIGN WORKERS

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  1. RECRUITINGFOREIGNWORKERS Options, Solutions and Guidelines for Canadian businesses BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys

  2. Introduction BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys Our Law Firm • A full service Canadian Immigration Law firm • More then 40 years of combine corporate immigration experience • Canadian and USA licensed attorneys; • Our clients Multinationals and SMEs • IT industries, Electronics, Hydro, Entertainment

  3. Introduction BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys Our Lawyers: Herbert M. Brownstein • Add Bullet points of Herbs resume

  4. Introduction BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys Our Lawyers: Mitchell Brownstein • Add Bullet points of Mitch……

  5. Introduction BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys Our Services • Work permits & Executives transfer • Inbound and out bound • USA immigration • NAFTA • Etc.

  6. Topics for this presentation • An introduction to the process • Temporary and permanent visas • An overview of work permits • HRDC and the work permit process • Special government programs • General post landing issues

  7. Immigration overview Two Main Government Agencies Citizenship and Immigration Canada – CIC – www.cic.gc.ca Human Resources Development Canada – HRDC –www.hrdc.gc.ca - Immigration and Refugee Protection Act IRPA 2001 ( 1.11.2001) - Immigration and Refugee Protection Regulations 2002 ( 28.6.2002) - Immigration Manuals and Operation Memoranda Who is coming? What are they going to do? How long are they going to stay?

  8. Immigration subsections Temporary visa Permanent Immigration Economic Class Refugee Class Family Class Visitor Student Work-Permit Provincial Nominee Federal Program Skilled workers Business Skilled workers Investors Entrepreneur Self-employed Canada Immigration & Visa Work permits NOT required WP & HRDC required WP required, HRDC not required

  9. Work permits What is work? - An activity for which wages or commissions are paid OR - That competes directly with the activity of a Canadian General Principles : Every worker who is not a citizen or permanent resident of Canada cannot work in Canada unless that person has: 1. A job offer from a Canadian employer and 2. That job offer is approved by the HRDC and 3. Visa application is approved by the visa post abroad.

  10. Work permit process NO No further action required Permanent Follow PR NO More efforts to hire locally or within the company required YES Make sure foreign employee has license; See NOC for provincial license requirement NO Identify the foreign worker Yes Make sure the person can apply at port of entry otherwise actual WP applications need to be made at a visa post abroad and applicant must go out of Canada for obtaining WP. Does the company wish to hire foreign workers? Yes Is individual required to be temporary or permanent? Temporary Have enough efforts been made to hire Canadians? Yes Does occupation need license to work in Canada? No Has the foreign worker been identified? Yes Is Foreign worker in Canada? NO Is occupation the kind that needs HRDC approval and work permit? Is occupation the kind that does not require work permit? Is occupation the kind that does not require HRDC approval but WP?

  11. Work permit process – class 1 Occupation does not require a work permit - Apply for temporary resident visa at the visa post abroad - Temporary business visa is issued Business Visitor Foreign Representative Military Personnel Foreign Government Officers News Reporters Public Speakers On-Campus Employment Performing Artists Athletes & Coaches Convention Organizers Clergy Health Care Students Expert Witnesses or Investigators Inspectors Crew Members Emergency Service Providers Judges or Referees

  12. Work permit process – class 2 Occupation does require a work permit, but does not require HRDC approval 1. NAFTA, CCFTA, GATT and other international agreements 2. Intra-Company Transferee 3. Open permit for spouse of foreign workers 4. Canadian interest and significant benefit. 5. IT workers and software programmers

  13. Work permit process – class 3 Occupation requires HRDC approval and a work permit 1. Apply to HRDC for job validation / Labor Market Opinion. 2. On HRDC approval, employee applies for work permit using a prescribed form with supporting documents, visa fees at visa post abroad or at the port of entry.

  14. Work with HRDC, LMO and Work permit Immigration department has no expertise in the Canadian labor market and wishes to know over-all effect of the job being offered including authenticity of the job Application to be made using prescribed forms with supporting documents EMP 5239 and must be sent to HRCC Foreign workers office (Not any HRDC) Change in Policy / Criteria for HRDC Approval OLD Policy: “No other Canadian can reasonably be found to fill the position” NEW Policy: “Neutral or positive effect on the Canadian economy” Known as “Labor Market Opinion” Known as “Job Validation”

  15. Temporary job offer 1. A job title – NOC. 2. Description of the job - Listing with duties and responsibilities. 3. A list of educational qualifications, skills and experience that the worker must have for the job. 4. Temporary job offer. 5. Details of the salary being offered including wages and other forms of payment that are consistent with the Canadian labor market. 6. The name and address of the employer and the location where the foreign worker will be working. 7. CIC and HRDC officers may check if the business and the job being offered are genuine. Include the contact details for a person at the business who is familiar with the job offer.

  16. Criteria for HRDC Labor Market Opinion 1. Whether company has made or agreed to make efforts to hire Canadians 2. Whether wage and working conditions offered are sufficient to attract Canadians 3. Whether the worker is likely to fill labor shortage in Canada 4. Whether the job offer is likely to result in direct job creation or retention. 5. Whether the job offer is likely to result in creation or transfer of skills or knowledge for the benefit of Canadians. 6. Whether the employment is likely to adversely affect the labor dispute in Canada or employment of any person involved in the dispute. Each application needs to be supported by documents that can justify the above criteria such as wage survey, job advertisements, etc. Once HRDC gives Labor Market Opinion, it will send approval or rejection letter to the employer informing of its decision and reasons for the same. HRDC also informs the concerned visa post regarding approval or rejection. Employer must inform foreign worker so he can apply for work permit at visa post abroad.

  17. Application for work permit ( temporary) Along with a cover letter the following documents should be produced: a. Three passport size photos taken in white background. b. Copy of the passport and birth certificate. c. Marriage certificate, if married. e. All education documents to prove employee has education as per NOC. f. All work experience documents to show necessary work experience. g. If license is required to perform job in Canada, Foreign worker must have Unconditional License to work in Canada for that province and proof must be produced. 1. Application form IMM 1295 B 2. Visa office’s specific form must be completed. 3. Visa fees of 150 CD$ or in local currency must be paid by bank draft. If approved, must go through medical if coming to Canada for more than 6 months Residents of certain countries do not have to undergo medical tests Must apply at the visa post which serves the country of Foreign worker’s residence unless he is legally residing in another country for 12 months or more

  18. Application for extension of work permit ( temporary) within Canada - Work visa can be extended within Canada - If HRDC approval required, new approval must be obtained. - Application is made to CPC, Vegreville, AB - Application must be made 60 days before expiration of visa - If over stayed, can be reinstated within 90 days by paying extra fees. -Application form IMM 1249 must be sent along with documents & visa fees.

  19. Permanent job offer 2. Must score 67 points out of 100 to get immigration Points are awarded for: Education Work experience Both Languages Age HRDC approved job Canadian education, experience, Spouse’s education and job offer Adaptability 4. Job offer must be genuine. a. The wages and working conditions must be same as offered to Canadians b. The employment must be full time and not seasonal c. The position must not be located in the province of Quebec d. The employer will not bring the foreign employee till PR is issued e. Must make application to HRDC for “ Job Validation”. The process, form and requirements are different 1. Only Skill Level O, A and B of NOC can be employed 3. Job offer from employer gives 15 points.

  20. HRDC approval for permanent job offer HRDC form EMP – 5275 E Must be in prescribed form with following documents: • Offer of employment to the foreign worker on company letterhead signed by the person responsible for hiring employees. Letter must state length of time the offer of employment is open, title of the job position and salary to be paid to the foreign worker. 2. Copies of remittance forms issued by CCRA for last 12 months. • 3. Evidence that business has been in operation for more than 1 year – Documents to be submitted as evidence: • Business licenses for more than 12 months • CCRA T4 – Summary of Deductions for previous year • Commercial lease agreement of the business location

  21. Provincial Nominee Programs with permanent job offer * Manitoba – Occupation List * Saskatchewan – Occupation List * New Brunswick – Occupation List * Prince Edward Island – Occupation List * Alberta – Employer driven * British Columbia – Employer-Industry based * Nova Scotia – Industry based * Newfoundland – Updated-Industry based

  22. Provincial Nominee Program process - Job offer for permanent position required - Job position must be on the occupation list - industry - 1st application to PNP immigration - After PNP – application to Immigration Canada for medical and security clearance - Permanent visa issued - Employer and employee have no mutual obligations

  23. HRDC: Special Federal Programs Ontario Special programs 1. Tool and Die makers 2. Construction workers 3. Health care professionals – Nurses, Pharmacists & Physicians 1. Software Pilot Project – No HRDC LMO 2. Live-in Care Giver – Needs HRDC LMO 3. Seasonal Agricultural workers. 4. Film and Entertainment Industry 5. Academics 6. Pilot project for skilled level C & D of NOC – Started August 2003

  24. Post landing issues 1. Medical Clearing Ontario requires three months waiting period before medical coverage granted. Extension if needed can be applied within Canada. If applied to HRDC, new HRDC application needs to be made. Minimum 30 days before expiration. 2. Canada Customs 3. Medical Coverage 4. Social Security Number 5. Housing 6. Children’s education

  25. Recruiting at no cost 1. On line recruitment sites 2. Posting on the company web site 3. Canadian association’s web site 4. Posting on the HRDC web site 5. Working with specialists or professionals who provide services to foreign workers in preparation of application.

  26. Website Links HRDC www.hrdc.gc.ca Citizenship & Immigration Canada www.cic.gc.ca Foreign workers http://www.hrdc-drhc.gc.ca/hrib/lmd-dmt/fw-te/common/intro.shtml NOC http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml Ontario HRDC http://www.on.hrdc-drhc.gc.ca/english/ps/fwp/welcome_e.shtml

  27. BROWNSTEIN BROWNSTEIN &ASSOCIATES Avocats ■ Attorneys 6000 Cote Des Neiges Suite 590Montreal, Quebec, Canada H3S 1Z8T: (514) 939-9559F: (514) 939-2289Email: contact@brownsteinlaw.com

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