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In the process of offering employment to a foreign citizen in Canada, it is crucial to understand the necessary steps and requirements to ensure a successful process. Here, we will break down each point in detail to provide a more comprehensive view:
1. Labor Shortage:
The employer must demonstrate that hiring a foreign citizen is essential due to a shortage of labor in the Canadian job market. This involves demonstrating the lack of qualified and available candidates for the specific position.
2. Search in Canada:
Before considering a foreign candidate, the employer must make significant efforts to find a suitable candidate within Canada. This can include posting the job offer on local platforms and participating in selection processes in the country.
3. Commitment and Compliance:
The employer must commit to paying the legal salary established for the position and comply with all Canadian labor regulations. This commitment is crucial to maintaining the integrity of the process and ensuring fair and adequate treatment for the foreign employee.
4. Employer’s Legal History:
The employer must not have violated the law in the past with respect to previous employees. A clean record reinforces the employer’s credibility and ensures an ethical and legal work environment.
5. Labor Market Impact Assessment (LMIA):
An essential requirement is obtaining an LMIA, a document issued by the Canadian government that assesses the need to hire a foreign worker. This process includes reviewing factors such as salary and working conditions.
6. Work Permit Application:
With a positive LMIA, the foreign employee can apply for a work permit in Canada, by meeting the following requirements:
a) Admissibility to Canada: Meet entry criteria and immigration requirements.
b) Qualification for the Job: Demonstrate the required skills and qualifications to perform the duties specified in the job offer.
c) Language Proficiency: Show proficiency in English or French, Canada’s official languages.
d) Temporary Intent: Confirm the temporary intent to stay in Canada to fulfill work obligations and terms of the work permit.
This process, although meticulous, provides a significant opportunity for both employers and foreign employees alike. At Emigrar Canada Legal Services, we are committed to providing specialized advice and guidance throughout this journey, ensuring a smooth process and the creation of successful employment relationships in Canada.
We are here to assist you 7 days a week and answer your questions as soon as possible. Also, you can find most of the answers to your questions directly on the frequently asked questions page.
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