Posted on - Aug 28, 2017

By Faisal Al-Alamy

Faisal Al-Alamy

Employers have long been required to demonstrate that they are unable to recruit qualified Canadian permanent residents or citizens (“Canadian Applicants”) to fill positions before hiring foreign workers. The current incarnation of this process is called the Labour Market Impact Assessment (“LMIA”) application process which employers generally need to make before hiring foreign workers in Canada’s Temporary Foreign Worker program (“TFW”).

As of August 28, 2017, employers in all provinces and territories seeking to hire foreign workers (other than those exempted from LMIA’s) will be required not only to advertise job postings but also register with the Service Canada’s Job Match service which employers will be able to view on their Job Bank profile. Prior to this, employers could opt to advertise on the provincial equivalent job match database such as Work BC. Now, the Federal Government will require Canadian employers who plan to hire either High or Low Wage workers through the Temporary Foreign Worker Program to register in the Federal Job Bank under the new Job Match platform, an employment matching service in which employers advertise their job postings for a minimum of 30 days (along with at least two other advertising sources) before applying for an LMIA.

This matching capability requirement is intended to bring employers and potential employees closer together through a system that pairs job seekers from around the world registered on the Job Match service. Employers must give priority to permanent residents and Canadian citizens who are paired with the job posting (pending a successful job interview and/or company hiring policies). It also provides an opportunity to help clear the way for hiring of foreign workers when an employer can clearly demonstrate that there are no Canadian citizens or permanent residents available with the necessary qualification for the particular position. In those cases, the new requirement may result in a greater chance of approval of an LMIA application for a foreign worker.

The Job Match service will rank potential job seekers on a five-point basis – one to five stars. The more stars a potential applicant receives with respect to a particular position, the greater the chance that the applicant fits the position. Employers advertising for High Wage positions will be required to invite Canadian applicants who receive a rating of four to five stars before recruiting foreign workers. Employers advertising for Low Wage positions will be required to invite Canadian applicants who receive a rating of two stars or more before recruiting foreign workers. Employers will need to demonstrate due diligence in assessing Canadian applicants before offering positions to foreign workers. However, the matching process will also connect employers with foreign applicants who register with the Job Match enabling employers to find foreign workers where there are no suitable Canadian applicants.

Employers are well advised to consult an immigration professional when considering hiring foreign workers. An immigration professional can guide employers with appropriate strategies and advice to maximize their success at receiving a positive LMIA as well as provide more information on the new Job Match requirement.

Share this article:

Related Topics: ,

Related Posts

The Myth of the Anchor Baby The concept of the anchor baby is that non-Canadian citizens will come to Canada to give birth on Canadian soil for the purpose of obtaining Canadian citizenship for their newly born children with a view to obtaining permanent residency, and ultimately ci...
‘Really, you signed blank forms?’ Best practices for immigration clients. Often the clients that come to see us have previously worked with other immigration professionals.  In many cases they have not been advised according to best practices and/or have placed misguided trust in those professionals.  One of the most blatant mi...
Final Citizenship Changes come into force: What aspiring Canadians need to know! The remaining revisions to Canada's Citizenship laws came into force on June 11, 2015. Last year the government introduced Bill C-24, the Strengthening Canadian Citizenship Act which introduced many changes to the citizenship application process. However...
Catherine Sas, Q.C. and Anne O’Donoghue to be Co-Chairs of IBA’s Immigration and Nationality C... On January 1, 2019, Catherine Sas, QC and Anne O’Donoghue will be Co-Chairs of the Immigration and Nationality Committee of the International Bar Association (IBA). Anne O’Donoghue is the director and principal lawyer with Immigration Solutions Lawyers (...
Canada’s Skilled Worker Program Re-Opens It’s Doors! Canada's skilled worker program for permanent residence was re-opened on May 4, 2013 after several months of being suspended. Immigration Minister Jason Kenney closed the program in June of 2012 to further address a backlog of applications as well as to ...
Celebrating Canadian Citizenship Week – Really? Canada's Minister of Citizenship and Immigration Chris Alexander issued a news release this Monday entitled "Celebrating Citizenship week, Putting Canada First". Taking a look at processing times for citizenship applications, the Minister really doesn't h...