Employers

Finding the right people with the right knowledge and skills is critical to expanding operations, increasing production and ensuring successful succession planning. Red Seal Immigration Ltd. specializes in assisting employers and their professional and skilled workers with obtaining temporary resident, permanent resident and citizenship status in Canada.

Our team of professional immigration consultants and dedicated support staff deliver a “one stop shop” service to help you retain your valuable employees and to help them become established in your company and in the community for the long term.

Our team also has specialized knowledge and experience of all aspects of work force planning including:

  • Design and development of recruitment and retention strategies
  • Professional and trade certification programs
  • Training and development programs

With the increasing difficulty of hiring in Canada and the complexity of hiring internationally, it is vital that you get the best advice and support that will keep you and your employees compliant with the immigration laws at all times.

Services Provided as Immigration Solutions for Employers:

Canadian employers generally require a positive Labour Market Impact Assessment (LMIA) in order to hire an international worker. The employer applies for the LMIA through Employment and Social Development Canada (ESDC). An ESDC agent will assess the application and make a determination.

A positive LMIA demonstrates that an assessment was done and it has been determined there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

The international worker will typically need this document when submitting a work permit application. A permanent resident application can benefit greatly when one has been obtained (see Express Entry).

While the LMIA process and requirements have evolved considerably, the benefits to obtaining a Positive LMIA continue to outweigh the impact of a labour shortage on an employer.

There are three types of LMIA an employer can apply for but the application process and requirements vary depending on the skill level and wage range of the job.

Applying for any LMIA can be a complex process. It requires a solid understanding of the objectives, requirements, procedures and rules around employer compliancy.

Types of LMIA

LMIA – Under the Temporary Foreign Worker Program (TFWP)
This LMIA can be used only for a temporary foreign worker, where the job is temporary in nature.

LMIA – For the Purpose of Supporting a Permanent Resident Application (Arranged Employment)
This LMIA can be used only to support an individual with their permanent resident application. It cannot be used to facilitate the issuance of a work permit. There are no government processing fees for this type of LMIA.

LMIA – Dual Intent – Used for Both the TFWP and Arranged Employment for Permanent Residency
This LMIA can be used to support an individual’s work permit application and their permanent resident application. The advantage to this LMIA for an employer is that the worker may apply for a work permit and arrive earlier, while retaining the employee on a permanent basis.

An individual can apply for a work permit if they have a job offer from a Canadian employer. However, at the time of your application the employer must have government authorization to hire an international worker. This government authorization is called a positive Labour Market Impact Assessment (LMIA).

In January 2015 CIC launched a new online system called Express Entry (EE) to manage certain economic-driven permanent resident applications.

Programs now running under the EE Stream are the following: Federal Skilled Worker, Federal Skilled Trades Program, and Canadian Experience Class. The Provincial/Territorial Nominee Programs are optionally utilized through the EE stream by potential applicants, Canadian employers and the provincial governments themselves.

Click here to see an over view of the new Express Entry Stream.

11 provinces in Canada have their own selection process of potential permanent residents. In general, their programs are based on the province’s current and projected labour market and economy needs. Most nominee programs have provisions for those with permanent Canadian job offers. Some provinces also offer programs that are based on family ties, as well as options for students who graduated from a Canadian institute. If an applicant is selected by a province, they can apply for permanent residence. Nominees can opt to apply for permanent residence through Express Entry stream.

Additionally, successful nominees may be issued a letter that allows them to make an application for a Work Permit.

These are a different type of work permit application as that do not require an individual to submit a positive LMIA with their application (a job offer may or may not even be required). There are a number of these programs, each with their own set of requirements and conditions.

One of the most popular International Mobility Programs used is a program in which individuals between the ages of 18-35 may be able to obtain a work permit that would allow them to work for any employer in Canada, based on a reciprocal agreement between Canada and their country of nationality.

This is an International Mobility Program that enables international companies to bring its international employees from overseas to work in Canada on a temporary basis to improve management effectiveness, expand Canadian exports and enhance Canadian competitiveness in overseas markets.

When an international company brings eligible employees to Canada under this program they are exempted from the need to obtain a Labour Market Impact Assessment but the international employer must obtain Employer Compliance Authorisation from Citizenship and Immigration Canada prior to the international employee making an application for a work permit.

The Intra – Company Transferee program is an excellent way for international companies to find the skills and experience to expand and enhance their business. Applications under this program must meet all of the eligibility criteria and must clearly demonstrate the need for an international employee to fill the position. Intra – Company Transferee work permits can be extended, however it is necessary to demonstrate that there is a continuing need for an international employee to do the particular job. The maximum period of extensions is linked to the type of job the international employee is doing.

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