Canada’s labour market is facing a shortage of both skilled and unskilled workers across various industries. Demographic projections indicate that the global need for workers will continue for many years to come and many employers will need to turn to creative and less conventional methods by which to fill their labour shortage needs.
BRINGING TEMPORARY AND PERMANENT WORKERS TO CANADA
Sas and Ing Immigration Law Centre can assist you in navigating the processes of bringing temporary foreign workers to Canada and keeping them here on a permanent basis.
CANADIAN WORK PERMIT PROGRAMS
Since 2012, Canada has implemented numerous changes to its temporary foreign worker program which has dramatically altered the landscape of economic immigration in this country. Immigration, Refugees and Citizenship Canada (IRCC) has created and implemented pilot programs allowing for the dependents of work permit holders to work in certain regions, streamlined certain temporary foreign worker programs and increased the procedural requirements for Canadian employers seeking to hire foreign workers. In most cases, employers need to undertake extensive advertising to demonstrate that there are no Canadians available to fill positions . Sas and Ing Immigration Law Centre can assist employers with these challenging application processes and compliance measures.
FOREIGN WORKER PROGRAM COMPLIANCE
In recent years, Canada has implemented numerous compliance measures to ensure that foreign worker rights are protected. Employers must now be prepared to demonstrate compliance with the regulations of Canada’s temporary foreign worker program. These measures provide that employers must demonstrate the following:
- That a job offer extended to a foreign worker is genuine; and
- That the actual wages, working conditions, and responsibility is substantially the same as the terms and conditions of the job offer; and
- That for many workers, there is now a maximum cumulative period of four years that a worker can be in Canada.
As a result of these provisions, Employers and Workers in the foreign worker program can be assessed by all parties in the foreign worker program, including Service Canada, IRCC, and the Canada Border Services Agency (CBSA).
Moreover, Service Canada and IRCC are now able to assess the past actions of the Employer retroactively for a six-year period. By extension, the actions of a Recruiter or any other third party assisting in the recruitment, hiring, immigration and employment process may also be held accountable to these compliance measures.
PENALTIES FOR NON-COMPLIANCE
The potential penalties for non-compliance have also become more severe and with the potential to significantly impact an employer’s ability to do business in a negative manner. In addition to the potential fines that are (and have always been) outlined in the Immigration and Refugee Protection Act, an employer who is found to be non-compliant may be identified on IRCC’s list of Ineligible Employers and be banned from participating in the temporary foreign worker programs for a period of 2 years. Such measures prevent the employer from hiring or extending the status of temporary foreign workers during the penalty period.
COMPANIES HIRING WORKERS INTO CANADA
What does this mean for employers? Due diligence. Companies will need a clear set of human resources policies and procedures that both meet and address the compliance measures as well as an internal system of ongoing reporting and record keeping. Companies will also need established contractual arrangements with recruiters and other third parties that address the specific matters raised in the new compliance measures. Employers will need to maintain documented proof that its Human Resources team and its business units are all on the same page– during the recruitment process, after the foreign workers arrive in Canada and throughout the duration of the work permit period.
Sas and Ing Immigration Law Centre can keep you informed of the ongoing changes to current foreign worker compliance laws and regulations in Canada and assist in establishing processes and procedures that will allow you to recruit and hire the foreign workers you need to meet your labour shortages, to be prepared to meet the demands of a possible audit by IRCC or Service Canada and, if needed, to assist you in keeping your workers in Canada on a permanent basis.
EXPRESS ENTRY FOR SKILLED WORKERS
As of January 1, 2015, the various programs for skilled workers to come to Canada have been consolidated into the Express Entry selection program. Express Entry is the online economic immigration selection model which applies to the following programs : Federal Skilled Workers, the Federal Skilled Trades program, the Canadian Experience Class and the Provincial Nominee Programs. The first step is to determine that you meet the particular criteria of one of these programs. This includes having all of your supporting documentation including your educational credential evaluations, your language assessments and your letters of reference confirming the details of your past employment. Once you determine that you meet the criteria of one of the skilled worker programs, you will need to register a profile online. You will be provided with a Comprehensive Ranking Score (CRS) based upon the information that you provide. Only applicants with the highest CRS scores will be provided with an Invitation to Apply (ITA). The Express Entry program allows IRCC to select the highest scoring applicants and only these individuals receiving an ITA will be eligible to apply for permanent residence to Canada.
Contact Sas and Ing Immigration Law Centre
Sas and Ing Immigration Law Centre in Vancouver, B.C., Canada will be pleased to assist you in assessing your qualifications to determine whether you will qualify for Canada’s Express Entry Program.
Call Sas and Ing today to learn more about how we can help you.
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