Avocat en immigration pour le Canada et les États‑UnisAu service des entreprises canadiennes

Recruiting a temporary foreign worker in Canada

recrutement2You’re having difficulties recruiting skilled workers in Quebec or in Canada, especially for some occupations. You found the right person but he/she resides in Europe, USA or somewhere else in the world. Note that you need to comply with certain requirements before hiring a foreign worker and you will need to obtain a temporary work permit from Citizenship and Immigration Canada.

What are the steps?

Before this candidate may start working for you, you will have to go through a mandatory administrative procedure towards the governement authorities. The first step usually consist of obtaining a Labour Market Opinion (LMO) from Human Resources and Skills Development Canada (HRSDC). The foreign worker will also need to submit an application for a Certificat d’acceptation du Québec to the Ministère de l’immigration et des communautés culturelles du Québec. This whole procedure requires close attention to details and a good knowledge of the immigration laws and regulations. You received your confirmation from HRSDC, your mandate has not ended yet because your candidate needs to obtain his/her work permit before actually starting to work. The request for a work permit is often presented at a port of entry in Canada. Your candidate may also need to obtain a temporary resident visa (TRV) and/or undergo a medical exam.

What are the delays?

Current delays are approximately 2 months to obtain a labour market opinion and a certificat d’acceptation du Québec. To get the actual work permit, the processing time will vary depending on the country of residence of the candidate. You should start the procedure as soon as possible. The work permit application remains the fastest way to hire a foreign worker compare to the permanent residence.

What is the length of the work permit?

The validity period of a work permit varies from months to years; it depends on your needs and the type of permit requested. The work permit can be renewed in Canada before its expiry date without the necessity for your employee to leave the country. The foreign worker will eventually be eligible to apply for permanent residency if he or she wishes to stay permanently in Canada.

Many aspects have to be considered when hiring a foreign worker. Make sure to receive the appropriate advices to make your hiring a success. Do not hesitate to share your experience with me regarding this topic.

This article contains general information and does not replace a legal opinion from an attorney.

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