Canadian employers are increasingly hiring foreign talent to fill key roles in their companies. Whether it is due to domestic labour shortages or because important employees are based elsewhere, the sustained growth of Canadian businesses often depends on their ability to relocate international personnel to Canada. Given that the most valuable asset of a businessperson, recruiter, or senior manager is their time, their ability to hire and retain people from abroad legally and quickly is of paramount importance.
We have extensive experience providing temporary and permanent immigration services to Canadian employers ranging from small Canadian Controlled Private Corporations to international conglomerates, public post-secondary research institutions, sports associations, technology start-ups, architectural services, television studios, infrastructure, primary resource, etc.
In every representative matter the same question is asked. How can we make this process as smooth as possible for the employer?
Labour Market Impact Assessments
Canada’s Temporary Foreign Worker Program, more commonly known as the Labour Market Impact Assessment program, allows Canadian employers to recruit foreign nationals once they have demonstrated to the Canadian government that the entry or retained employment of a foreign national will have a positive or neutral impact on the Canadian labour market. The Labour Market Impact Assessment program requires extensive domestic recruitment, the payment of a prevailing wage to a foreign national and an interview between a representative of the employer and the Department of Employment and Social Development Canada.
Since 2017, the Global Talent Stream has been an increasingly popular type of Labour Market Impact Assessment. Limited to certain occupations and high-impact positions, the Global Talent Stream offers expedited processing and a recruitment exemption to employers who can commit to certain labour market benefits.
Labour Market Impact Exemptions
It is often surprising how many employers start the Labour Market Impact Assessment process without first determining whether a suitable alternative program applies. Some of these alternatives include the:
- Canada-United States-Mexico Agreement, which facilitates the entry of Mexican and American workers into Canada;
- Canada – Chile Free Trade Agreement, which facilitates the entry of Chilean workers into Canada;
- Canada – Peru Free Trade Agreement or the Canada – Colombia Free Trade Agreements, which are the two broadest free trade agreements that Canada has;
- Canada – Korea Free Trade Agreement, which facilitates the entry of Korean workers into Canada;
- Canada – EU Comprehensive Economic and Trade Agreement, which facilitates the entry of EU nationals into Canada;
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership, a free trade agreement between Canada and 10 other countries;
- General Agreement on Trades and Services, which can provide short-term work permits in certain occupations to nationals of every country that is a member of the World Trade Organization;
- Intra-Company Transfer program, which allows affiliated companies to transfer executives, senior managers and specialized workers to Canada;
- Provincial Nomination Program, in which an application can be made to a provincial government for a company to sponsor a foreigner’s immigration and their work permit;
- Significant Benefit Work Permit Program, for foreign workers whose entry to Canada will have a clear economic or cultural benefit to Canada;
- Global Talent Stream, which allows companies to recruit key talent in certain industries without conducting recruitment;
- Global Skills Strategy, which provides short-term work permit exemptions to skilled professionals;
- Emergency Repairs or Repair Personnel for Out-of-Warranty Equipment program;
- Francophone Mobility Program, to encourage francophone migration to provinces other than Quebec;
- Young Professionals Program;
- Television and Film Production Workers Program;
- Performing Arts Program;
- Reciprocity Employment Program, for companies that also transfer Canadians abroad; or
- Charitable or Religious Work Permit Program.
Examples
Some of our recent experiences acting for employers, and the program chosen, include:
Technology Companies
We routinely help technology companies transition foreign talent from being international freelance contractors to permanent employees inside Canada. For example, we recently helped a British Columbia software development company which has several freelance contractors in South America bring them to Canada as full-time employees. Prior to retaining us, the company had unsuccessfully attempted to apply for a Labour Market Impact Assessment. We recommended that the employer utilize the Global Talent Stream instead, and the company has since dramatically increased its Vancouver headcount.
Television and Film
An Asian film production company wanted to film two episodes of a television season in Vancouver. Bulk applications were submitted to the International Workers Mobility Unit, which provided letters to the Canada Border Services Agency confirming that the workers did not need work permits to enter Canada.
Major Events
We have helped employers with several major events. Examples include assisting a federal government department, a local conservation company and a British Columbia first nation to co-ordinate the entry of a dozen wildlife management personnel so that a massive wildlife conservation project could be started within a defined window, an Asian film production company wanted to film two episodes of a television season in Vancouver, and the entry of foreign workers to help staff a marathon in Toronto.
Infrastructure Companies
We act for several domestic and international construction and infrastructure companies. Given the number of foreign workers involved, it is not uncommon for one company to simultaneously rely on several work permit programs. Indeed, it is not uncommon to obtain bulk Labour Market Impact Assessments months before a project begins to ensure that foreign talent can enter as soon as needed.
Forestry Companies
Despite the rapid development of the technology sector, Canada, and British Columbia in particular, continues to have a very strong resource economy. We have experience helping companies in many resource sectors, and recently represented a European forestry company transfer skilled workers who specialize in logging on steep cliffs. No Labour Market Impact Assessments were necessary because of our success in demonstrating the unique specialized nature of the positions.
Medical Professionals
We successfully represented a husband and wife in extending their ability to work in Canada beyond the Working Holiday Program. The husband, who was the owner of the Osteopathy clinic that they set up, obtained a Labour Market Impact Assessment to employ his wife. The husband, whose work permit was also expiring, was then able to obtain an open work permit on the basis that his wife had a work permit.
Scope of Representation
We are flexible in how we structure the representation of employers in their immigration needs. We offer services on an hourly, flat-fee or portfolio basis, as determined by the employer.
