Can’t find enough workers or the right skills? Consider hiring foreign workers. If you aren’t sure where to begin, these questions will help determine whether recruiting and hiring a foreign worker(s) is right for you.
When do you need them? Timing affects both whether hiring a foreign worker is a viable solution at all and, if it is, finding the best immigration program for your needs. While immigration processing backlogs persist, the actual processing time for specific programs varies widely.
For how long do you need them? If you want to hire workers on an indefinite, long-term basis, you’ll likely have to obtain a Labour Market Impact Assessment (LMIA) confirming you’ve unsuccessfully attempted to hire Canadians and Permanent Residents, usually a time-consuming process. But if you want to hire a worker for a very limited time, then faster and less costly expedited programs might be available.
What position do you need to fill? Depending on the position, you might be able to access specialized, expedited, or LMIA-exempt immigration programs like the Global Talent Stream or the Francophone Mobility Program.
Where are you recruiting from? Certain workers who already work in a foreign branch of your company could be eligible for an intra-company “transfer.” Foreign workers from visa-requiring countries must apply for a work permit at their country’s Canadian embassy, and processing varies from two weeks to more than eight months. Foreign workers from visa-exempt countries can apply for a work permit at the Canadian border, and processing is virtually immediate.
Where’s the position located? Federal programs, like the Temporary Foreign Worker Program, are available for positions anywhere in Canada. The Atlantic Immigration Program is available for positions only within Atlantic Canada, and each Canadian province has a Provincial Nominee Program with their own streams and eligibility criteria.
Are you posting job ads domestically? With some exceptions, to obtain an LMIA, you typically must advertise domestically to fill the position and meet very specific criteria. If you haven’t started advertising domestically, you’ll have to begin from scratch. But if you’ve already started and the advertising meets the LMIA requirements, you’re that much ahead.
How involved with the foreign worker (and their family) are you willing to be? The extent to which you’re willing to be involved with the foreign worker(s) and, in some cases, their family, helps determine the most suitable immigration program. Some programs, like the Atlantic Immigration Program, require significant employer involvement. Others, like the Provincial Nominee Programs, don’t require the same level of employer involvement.
Do you have the administrative bench strength? You’ll need administrative resources to manage foreign worker recruiting and processing requirements. For example, the Temporary Foreign Worker Program requires employers to file an extensive LMIA application. You’ll also need resources to manage ongoing immigration law compliance after you’ve hired a foreign worker(s), such as record-keeping and random compliance audits. If you don’t comply, the consequences can be severe, including fines and a foreign employee hiring ban.
How many foreign workers do you want to hire? This also helps determine the immigration program that best fits your needs. Some, including the Atlantic Immigration Program, have lower or no per worker processing fees, so could be the better option for those hiring multiple foreign workers. Others that require an LMIA have higher processing fees and thus overall greater cost. The number also affects the required administrative resources.
What’s your budget? Ensure you can cover the costs of recruiting and hiring foreign workers. For example, you might be required to pay government processing fees that vary depending on the immigration program and increase the more foreign workers you’re hiring. Expect to also incur legal fees, though these could be reduced if you’re hiring multiple foreign workers.
