How to Hire Foreign Workers in Canada

Canadian employers hire foreign workers through temporary or permanent immigration pathways to fill the need for skilled labour shortages and support the growth of their business. Foreign employees are hired if skilled or qualified Canadian citizens are not available. This way, Canadian employers support foreign candidates in their journey to permanent Canadian residence.

In this blog, we’ll explore the different pathways to hire foreign workers in Canada, including temporary and permanent options, and outline key steps and requirements for employers to understand how to hire foreign workers in Canada.

Options For Hiring Foreign Workers

There are several ways to hire foreign workers in Canada, categorized into permanent and temporary hiring. Temporary hiring also includes fast-track options to help future employees begin working quickly. In some cases, foreign workers may also be eligible for an open work permit, allowing them to work for any employer in Canada without a specific job offer.

Express Entry

Express Entry is a pathway to permanent residency in Canada for skilled workers. The Express Entry system makes the process simpler and quicker for Canadian employers to hire foreign workers for positions such as management, professional, or trades. If your future employee has a qualifying job offer, they are invited to apply for permanent Canadian residence. Once they submit the application, Immigration, Refugees and Citizenship Canada (IRCC) completes the immigration process within six months.

Temporary Work Permit

Securing a temporary work permit is the fastest way in most cases. If you’re unsure how to hire temporary foreign workers in Canada, understanding these two main permit programs is the first step: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).

Temporary Foreign Worker Program (TFWP)

It is a program run by the Canadian government through Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). Through this program, Canadian employers can fill labour shortages by hiring international skilled labour while also ensuring that Canadian residents have the first opportunity to fill the open job positions.
This way, the foreign workers can work temporarily in Canada if their job offer gets the Canadian government’s permission, called a Labour Market Impact Assessment (LMIA). This is a key pathway used by Canadian employers to hire foreign workers temporarily.

International Mobility Program (IMP)

This program is administered by IRCC and is designed to promote Canada’s broad economic, social, and cultural policy objectives. It allows foreign workers to enter Canada and strengthen bilateral and multilateral ties between Canada and the rest of the world, while also promoting different activities such as arts, culture, sports, and religion in the country.
Through IMP, employers can also hire foreign workers without undergoing the LMIA process.

While both of these programs offer temporary work permits, the main difference is that the TFWP requires completion of the Canadian government’s labour market test, known as the LMIA, while in IMP, you can skip the LMIA step. 

Comparing TFWP and IMP

Labour Market Impact Assessment (LMIA)

LMIA is one of the most important steps if you plan to hire foreign workers through the Temporary Foreign Worker Program. It is an official proof that the foreign worker is being employed because it can’t be filled by a Canadian or permanent resident. Moreover, hiring foreign workers will result in a positive or neutral effect on Canada’s job market.
Canadian employers must know the requirements, wages, advertisement efforts, exceptions to the advertising requirement,s along with the application process for LMIA for hiring foreign workers. 

Labour Market Impact Assessment Exemption 

Not every job in Canada requires the LMIA. If your job falls under the International mobility Program (IMP), your employer does not need an LMIA, usually because it supports Canadian cultural and economic interests or when you are a part of special programs such as the Mobilité Francophone program.
Some of the most common LMIA-exempt streams under the IMP are mentioned below:

• Significant benefits
• Enterpreneurs
• Intra-company transferees or specialized knowledge workers who work for a foreign company with a qualifying relationship to the company in Canada.
• Dependents of foreign workers (this does not apply to the spouses of workers on an International Exchange Program).
• French-speaking skilled workers
• Highly qualified academics, such as researchers, guest lecturers, and visiting professors.
• Workers nominated by a province for permanent residence
• Reciprocal employment
• International agreements such as the North American Free Trade Agreement (NAFTA)
• International exchange programs, which include  International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs
• Charitable workers
• Religious workers

Steps for Hiring A Temporary Foreign Worker

The three basic steps to help employers understand how to hire temporary foreign workers in Canada are as follows:

Get an LMIA Or Submit an Offer Of Employment

Check if you need an LMIA or not. If the LMIA is not needed, submit an offer of employment, complete attestations, pay the fees of compliance for hiring foreign workers in Canada via the Employer Portal, and share the offer number with the worker for their work permit application.

Canada Work Permit For Foreign Workers

Once you have an LMIA or offer of employment number, share these with the worker along with the job offer so that they can apply for the work permit. If exempt from the process of compliance for hiring foreign workers in Canada, send only your job offer for the worker to apply.

Briefly Explain to The Worker What To Expect From Their Application

Tell the worker they will get a letter of introduction once approved. The actual work permit will be issued at the port of entry by a border services officer or mailed if they are already in Canada.

What Employers Must Do Before Hiring Foreign Workers In Canada  

As a Canadian employer, before you create an offer to hire foreign workers, make sure:

• You or anyone acting on your behalf is not charging any recruitment fees to the foreign worker
• You give the foreign worker a copy of the signed employment agreement (in English or French) that outlines their job, wages, and conditions, and then enter these details in the Employer portal under the “offer of employment.”
• You inform foreign workers about their rights as employees in Canada

Tips for Foreign Workers Who Want to Work In Canada

Before applying, understand what documents your employer needs to hire foreign workers legally. Candidates should always check who can apply for an open work permit and then apply to work in Canada. If you wish to work in Canada, here are some tips to help you get started:

Know the Documents You’ll Need

The documents depend on the job or program you are applying through. You might need:

• A Labour Market Impact Assessment (LMIA) from your employer is required if it is required. 
• Proof that the employer submitted a job offer through the Employer portal.
• Job offer letter/contract.
• Relevant documents to prove you are qualified.

Check If Your Job Is LMIA-Exempt

Not all jobs require an LMIA. Yours might be exempted if:

• You are bilingual or fluent in French, applying to work outside of Quebec (through the Mobilité Francophone program).
• You are between 18-35 years of age and applying under the International Experience Canada (IEC) program.

Make Sure the Employer Follows The Rules

Your employee should:

• Apply for an LMIA for hiring foreign workers if needed
• Submit a job offer through the Employer Portal
• Remember to always ask for a contract

Conclusion 

Hiring foreign workers in Canada can be a valuable solution for addressing skilled labour shortages while supporting international talent in building a future in Canada. Whether you’re considering permanent pathways like Express Entry or temporary options through the TFWP or IMP, understanding each process and your responsibilities as an employer as you hire foreign workers is key. Understanding immigration policies and following the right steps helps employers successfully hire foreign workers without delays.

Similarly, foreign workers must stay informed about job requirements, LMIA exemptions, and employer obligations to ensure a smooth application experience. The process can, however, feel complex, especially if you are new to the Canadian immigration policies. That is where you need expert guidance from Canada Shaws. Start your consultation with Canada Shaws today!