Legal Requirements to Hire Temporary Foreign Workers

13 Apr 2021 Legal Services

If you are looking to hire a temporary foreign worker for your business, certain legal requirements must be met. Failure to meet even one of these requirements can result in a denied work permit or other complications that will greatly slow the process. To help ensure that the hiring process proceeds smoothly and in a timely matter, the team at Linley Welwood has created a list of the legal requirements to hire temporary foreign workers. As experts in employment law, their team can help you navigate every step of the process for hiring a temporary foreign worker.

Hiring Temporary Foreign Workers: Legal Requirements

The Temporary Foreign Worker Program in Canada allows employers to hire workers from another country to fill temporary labour requirements. To ensure the successful hiring of a foreign worker, the following legal requirements must be met.

Labour Market Impact Assessment

Employers may need to obtain a Labour Market Impact Assessment (LMIA) to hire a foreign worker. This assessment is designed to verify that no Canadian or permanent residents can perform the job, so a temporary foreign worker must be hired. It should be noted that this assessment is also known as a Labour Market Opinion (LMO).

International Mobility Program

The LMIA is not required for some jobs. This is where the International Mobility Program (IMP) comes in. The IMP allows employers to hire temporary foreign workers without the LMIA based on some exceptions to the rules. These exceptions are based on both of the following:

  • The broad cultural, economic, and other general competitive advantages for Canada.
  • The reciprocal benefits enjoyed by Canadians and other permanent residents.

Offer of Employment

If the LMIA is not required, foreign workers must have received a genuine offer of employment from the employer before applying for work in Canada. Employers must send the worker a detailed job offer and pay the employer compliance fee (if necessary) so the worker can apply for a permit.

An Approved Work Permit Application

To ensure a hassle-free process, a work permit application should include:

  • The completed LMIA (if applicable).
  • A detailed job offer letter.
  • A signed labour contract may also be required in some cases.

This permit is issued by a border services officer at the port of entry when the worker arrives in Canada. If the worker is already in Canada and can apply for the temporary position, the work permit can be mailed to them.

To learn more about hiring temporary foreign workers or for assistance with the permit process, reach out to the experts at Linley Welwood. They can be reached at 604-850-6640 or through their online contact form and would be happy to answer your questions.