Hiring High-Skilled Foreign Workers in Ontario

A Guide for Employers and Employees

Here’s your next big idea.

Table of Contents

1. Temporary Foreign Worker Program 1

Background 1

2. The Hiring Process 2

Step 1: Apply for a Labour Market Opinion 2

Step 2: Apply for a Work Permit 3

3. Common Exceptions to the Labour Market Opinion 4

Business Visitors 4

Intra-Company Transferees 5

NAFTA Workers 7

Spouses of High-Skilled Foreign Workers 8

Working-Age Dependents of High-Skilled Temporary Foreign Workers 9

4. Important Considerations 9

Temporary Resident Visas 9

Medical Exams 9

Extending the High-Skilled Temporary Foreign Worker’s Stay in Ontario 10

5. How Can I Hire a High-Skilled Foreign Worker Permanently? 10

Federal Skilled Worker Program 10

Canadian Experience Class 10

Opportunities Ontario: Provincial Nominee Program 11

6. Orientation of High-Skilled Temporary Foreign Workers 11

Important Information for Integration 11

Employment Standards 12

Occupational Health and Safety 12

7. Good to Know . . . 13

Ontario, Canada has become the destination of choice for many successful companies because it is an ideal location to invest, grow and flourish. Companies do business here because the combination of talent, cost-effectiveness and an environment of innovation promotes significant growth and creates remarkable results.

Ontario’s economic growth and changing work force demographics have resulted in labour market pressures in some sectors. One option for employers to address labour needs is to hire high-skilled temporary foreign workers.

The Ministry of Economic Development and Innovation’s Business Immigration Unit offers consulting services and advice to Ontario-based companies that are in the process of hiring high-skilled temporary foreign workers and companies looking to invest in Ontario that may need to transfer key personnel to Ontario. Our consultants can help with immigration procedures related to work permits and permanent residence.

The information in this guide will help companies understand what is required when hiring high-skilled foreign staff. The following information serves to answer many of the common questions posed by employers related to the immigration process and outline some of the benefits of working in Ontario.

A more detailed overview on how to hire a high-skilled temporary foreign worker is available at: www.cic.gc.ca/english/work/index.asp

Contact us today:

Ministry of Economic Development and Innovation Business Immigration Unit 35th Floor, 250 Yonge Street Toronto, Ontario, Canada M7A 2H1

Phone: 1-416-325-6975 Fax: 1-416-325-6653 Email: bis@ontario.ca

Website: www.InvestInOntario.com/bi

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1. Temporary Foreign Worker Program

Background

Ontario’s economic growth and changing workforce demographics have resulted in labour market pressures in some sectors. However, the right to work in Canada is restricted to Canadian citizens and permanent residents. Anyone who is not a Canadian citizen or permanent resident must obtain authorization from the Federal Government to work in Canada.

Ontario companies who cannot fill their human resources needs within Canada may choose to recruit high-skilled temporary foreign workers in order to fill labour needs through the Temporary Foreign Worker Program. The Temporary Foreign Worker Program is administered by a number of federal government departments — Service Canada, Citizenship and Immigration Canada, and the Canada Border Services Agency.

A work permit is a

document issued by the

Federal Government that

allows a person who is not

a permanent resident or

Canadian citizen to work

temporarily in Canada. Work

permits are generally only

valid for a specified job and

employer, in a specified

location for a predetermined

length of time.

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Step 1: Apply for a Labour Market Opinion (Employer)

Companies looking to hire a high-skilled foreign worker should contact their local Service Canada office to apply for a Labour Market Opinion (LMO). Successfully obtaining a positive LMO indicates that hiring a high-skilled foreign worker will not have a negative impact on employment opportunities for Canadians and/or will result in significant benefits to Canada. Before confirming a job offer, Service Canada will consider whether:

•Thejobofferisgenuine;

•ThewagesandworkingconditionsarecomparabletothoseofferedtoCanadiansworkingintheoccupation;

•TheemployerconductedreasonableeffortstohireortrainCanadiansforthejob.Employersmustinclude copies of advertisements, the number of Canadian applicants and why they were rejected, as part of the LMO process. For more detailed information about advertising requirements visit:

www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

•Thehigh-skilledforeignworkerisfillingalabourshortage;

•Theemploymentoftheforeignworkerwilldirectlycreatenewjobopportunitiesorhelpretainjobs forCanadians;

•Thehigh-skilledforeignworkerwilltransfernewskillsandknowledgetoCanadians;and

•Thehiringofthehigh-skilledforeignworkerwillnotaffectalabourdisputeortheemploymentofany Canadian worker involved in such a dispute.

2. The Hiring Process

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LMO applications can be made by mail, fax, or online. Employers should submit their applications for processing as early as possible. If approved, a positive LMO will be issued to the employer. An LMO is valid for 6 months.

The foreign national filling this position must make a work permit application before the LMO expiry date.

Labour Market Opinions: www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml

Service Canada serving Ontario:

Foreign Worker Programs Human Resources and Social Development Canada P.O. Box 6500 L.C.D. Downsview A Toronto, Ontario M3M 3K4

Phone (Toll Free): 1-866-556-5518 Fax (Local): 416-954-3107 Fax (Toll Free): 1-866-720-6094

PLEASE NOTE:

Certain occupations do

not require an LMO to

get a work permit. Visit

www.cic.gc.ca/english/

work/apply-who.asp

to find out if a work

permit is required.

Intra-company transferees

and business visitors do

not require an LMO, as

discussed on page 4 of

this guide.

Step 2: Apply for a Work Permit (Employee)

Once the employer has secured the LMO, the employee may apply for a work permit. Normally a high-skilled foreign worker must apply at a Canadian visa post outside of Canada for a work permit. Citizens of the U.S.A. and other visa-exempt countries may apply upon entry to Canada at a port of entry. Employees must pay an application fee for a work permit. Processing times vary depending on the visa post.

For application forms, fees and processing times: www.cic.gc.ca/english/information/applications/work.asp

Many visa offices have specific local instructions for submitting work permit applications. Consult www.cic.gc.ca/english/information/offices/apply-where.asp to determine what requirements and procedures must be followed when applying to a specific visa post.

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3. Common Exceptions to the Labour Market Opinion

Many factors influence the success of a company, but none so much as its employees. The transfer of foreign personnel is an important issue for international firms that are present or establishing themselves in Ontario. It is important for companies to be aware of the immigration requirements for staff to work in Canada and plan accordingly.

This section provides information on five types of workers that are exempt from requiring a Labour Market Opinion:

•BusinessVisitors

•Intra-CompanyTransferees

•NAFTAWorkers

•SpousesofHigh-SkilledTemporaryForeignWorkers

•DependentsofHigh-SkilledTemporaryForeignWorkers

For a complete list of

LMO exemptions visit:

www.cic.gc.ca/english/

work/apply-who.asp

Business Visitors

A business visitor is someone who seeks to engage in international business activities in Canada without directly entering the Canadian labour market, and where the primary source of remuneration and place of business remains outside of Canada.

Examplesofbusinessvisitorsinclude;

•Representatives of foreign businesses coming to explore investment opportunities or meet with Canadiancompanies;

•Buyers of goods or services;

•Company trainers/trainees coming to deliver or receive training in a parent, subsidiary, branch oraffiliateoftheircompany;

•After-sales service personnel as per a warranty or sales agreement, including supervising the installation of equipment or machinery purchased or leased outside of Canada, or to repair, service or provide familiarization services on such equipment. After-sales service does not include any hands-on building or construction that would generally be performed by a tradesperson.

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What documentation is required for a Business Visitor to enter Canada?

Business visitors do not require a work permit, but depending on nationality may require a temporary residentvisa(TRV)toenterCanada.IfaTRVisrequired,aletterofinvitationfromaCanadianhostisrequired as well as 24-hour contact details for the host.

Business visitors should have a letter from their foreign employer which clearly states the purpose of their trip to Canada, the anticipated length of stay, and confirmation that their source of remuneration remains outside of Canada.

After-sales service personnel must have a copy of the relevant sales, warranty or service agreements outlining a warranty date and the services to be provided. These documents should be presented at the time of entry.

Business visitors are subject to normal visitor requirements and are normally granted entry for a length of time that is reasonable to fulfill the purpose of their trip to Canada.

For more information on Business Visitors: www.cic.gc.ca/english/visit/business.asp

Intra-Company Transferees

The intra-company transfer policy allows international companies with a parent, subsidiary, branch or affiliate in Canada to temporarily transfer senior executives, managers or employees with specialized knowledge to the location in Canada in order to improve management effectiveness, expand Canadian exports and enhance the competitiveness of Canadian entities in overseas markets.

Definitions

Affiliate means one of two subsidiaries, both of which are owned and controlled by the same parent orindividual;oroneoftwolegalentities,ownedandcontrolledbythesamegroupofindividuals,eachindividual owning and controlling approximately the same share or proportion of each company.

Branch is an operating division or office of the same organization housed in a different location.

Parent means a firm, corporation or other legal entity which has subsidiaries.

Subsidiary refers to a firm, a corporation, or other legal entity of which a parent owns directly or indirectly, halformorethanhalfoftheentityandcontrolstheentity;orowns,directlyorindirectly,50%ofa50-50jointventureandhasequalcontrolandvetopowerovertheentity;orownsdirectlyorindirectly,lessthanhalf of the entity, but in fact controls the entity.

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Executive capacity means the employee directs the management of the organization, or a major function of theorganization;establishesgoalsandprioritiesoftheorganization;exerciseswidelatitudeindiscretionarydecision-making;andreceivesonlygeneralsupervisionfromhigherlevelexecutives.

Managerial capacity meanstheemployeemanagestheorganizationoralargefunctionoftheorganization;supervisestheworkofothersupervisoryormanagerialemployees;hastheauthoritytohireandfire;andexercises discretion over the day-to-day operations.

Specialized knowledge means special knowledge of the Canadian enterprise’s product, service, equipment, management etc. in international markets, or an advanced level of knowledge of the organization’s processes and procedures.

Qualifying employees can apply directly to the Federal Government for a work permit under the intra-company transferee category. To be eligible under the intra-company transferee category:

•TheCanadiancompanymustbedoing,orexpecttobedoingbusiness;

•Theemployeemusthavebeenworkingforthecompanyinasimilarcapacityforatleastoneyearinthe precedingthreeyears;

•TheemployermustprovidealettertoImmigrationCanadadetailinghowthecompanyandemployeemeet the requirements.

What documentation is required to work as an Intra-Company Transferee?

Intra-company transferees require a work permit in order to take up a position in Canada. Citizens from visa exempt countries may apply at the port of entry. Everyone else must apply at a Canadian visa post outside of Canada for a work permit. Employees must pay an application fee for a work permit. Processing times vary depending on the visa post.

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In addition to the work permit application form, the employee should submit a letter from their employer providing the following information:

•Confirmationofemploymentinanexecutive,seniormanagementorspecializedknowledgecapacityby theentityoutsideofCanadaforatleastoneyearinthepreviousthreeyears;

•Anoutlineoftheapplicant’sposition,jobtitle,placeintheorganizationanddutiesperformed;

•Anoutlineoftheapplicant’squalifications;

•AnoutlineoftheintendedpositioninCanada,jobtitles,dutiesetc.;

•AdescriptionoftherelationshipbetweentheCanadianandforeignentity;and

•Arrangementsforremuneration.

For processing times, fees, visa posts and application form: www.cic.gc.ca/english/work/apply-how.asp

NAFTA Workers

The North American Free Trade Agreement (NAFTA) applies only to citizens of the U.S.A. and Mexico (not permanent residents) who are seeking temporary entry. There are four categories of business persons definedinNAFTA:BusinessVisitor,Intra-CompanyTransferee,Professional,andTradersandInvestors.

•Business Visitor and Intra-Company Transferee provisions are essentially parallel to the provisions on page 4 and 5 of this guide.

•Professional To enter Canada as a professional under NAFTA the applicant must:

•Bequalifiedtoworkinoneofmorethan60professionslistedinAppendix1603.D.1ofChapter16 of NAFTA (for example: accountant, computer systems analyst, engineer, management consultant, technical publications writer, etc.) and

•Havepre-arrangedemploymentwithaCanadianenterpriseinanoccupationthatmatchesthe qualification (self-employment is not included).

Professional occupations have a minimum education requirement. Unless otherwise stated, a B.A. degree is required to satisfy the requirements for admission under this category.

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What documentation is required to work as a professional?

•Professionals require a work permit to take up a position in Canada.

•The applicant must provide proof of U.S.A. or Mexican citizenship, a letter from the employer in Canadawhichaffirms:thepurposeofentry;theprofessionalactivitytobeengagedin;theanticipatedlengthofstay;andthearrangementforremuneration.

•The applicant must also be able to provide proof of the educational qualifications or appropriate credentials and demonstrate that all licensing or other requirements to practice the profession are met.

•Applicants may apply outside of Canada or upon entry.

•Traders and Investors

This category is for U.S.A. and Mexican businesses or business persons who own or have a controlling interest in a company or other business enterprise to be established or already established in Canada. There is a wide range of entrepreneurial activities that may qualify for this category, but it is necessary that either substantial trade or investment be involved (between either the U.S.A. or Mexico and Canada).

What documentation is required to work as a trader/investor?

Traders and investors require a work permit and must apply outside of Canada.

Spouses of High-Skilled Foreign Workers

The spouse or common law partner of a high-skilled foreign worker may apply for their own work permit without the need for a job offer in Canada.

A high-skilled foreign worker is someone whose occupation falls within one of the following categories:

•Management

•Professional(usuallyrequiringuniversityeducation)

•Technicalandskilledtrades(usuallyrequiringcollegeeducationorapprenticeshiptraining).

The work permit would allow the spouse to work in most occupations in Canada and would be valid for the same duration as the high-skilled foreign worker’s permit.

Eligibility

To be eligible, the work permit of the principal applicant (high-skilled worker) must be valid for a minimum of six months and the high-skilled foreign worker must reside in Canada.

For information on work permits for Spouses of Skilled Workers: www.cic.gc.ca/english/work/arriving.asp#spouse

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Working-Age Dependents of High-Skilled Temporary Foreign Workers

Ontario has signed an agreement with the Federal Government that addresses federal provincial/territorial collaboration on high-skilled temporary foreign workers. Ontario has developed a pilot project under this agreement for working-age dependents of high-skilled temporary foreign workers.

The work permit would allow dependents to work in most occupations in Canada and would be valid for the same duration as the high-skilled foreign worker’s permit.

For information on who is eligible for the pilot project: www.cic.gc.ca/english/work/occupations.asp

4. Important Considerations

Temporary Resident Visas

CitizensofcertaincountriesmayrequireaTemporaryResidentVisa(TRV)aspartofthe work permit application process.

Who requires a TRV? www.cic.gc.ca/english/visit/visas.asp

Medical Exams

Citizens of certain countries may also require an immigration medical examination when applying for a work permit.

Information on Medical Exams: www.cic.gc.ca/english/information/medical/index.asp

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Extending the High-Skilled Temporary Foreign Worker’s Stay in Ontario

An employee may remain in Canada as long as their work permit is valid, or an extension is granted. A high-skilled temporary foreign worker in Canada may apply for an extension of their work permit by mail through theCaseProcessingCentreinVegreville,Alberta.Thisshouldbedonewellinadvanceoftheexpiryoftheexisting work permit.

When a high-skilled foreign worker is applying for a work permit extension, it is the responsibility of the employer to attain a new LMO. In the case of intra-company transferees, the employer must provide a letter to the employee to attach to the new work permit application.

Certain work permits issued pursuant to an LMO are limited to a maximum of four years within each eight-year period.

For information on extending your stay in Canada as a High-Skilled Temporary Foreign Worker: www.cic.gc.ca/english/information/applications/extend-worker.asp

5. How Can I Hire a High-Skilled Foreign Worker Permanently?

There are several pathways to permanent residence for high-skilled temporary foreign workers.

Federal Skilled Worker Program – Arranged Employment Opinion

An employer can apply to Service Canada for and obtain an Arranged Employment Opinion. If approved, the prospective employee would apply for permanent residence under the Federal Skilled Worker Program. To be eligible, applicants must meet the eligibility criteria.

For more information on Skilled Worker Immigrant eligibility criteria: www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

Canadian Experience Class

A high-skilled temporary foreign worker with Canadian work experience or a foreign graduate from a Canadian post-secondary institution with skilled work experience in Canada may be eligible for this program.

For more information on the Canadian Experience Class: www.cic.gc.ca/english/immigrate/cec/index.asp

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Opportunities Ontario: Provincial Nominee Program

Through this provincial program, eligible employers can apply to fill an available high-skilled position with a foreign national on a permanent basis. If an employer is approved, the foreign national must submit their application and meet specific program criteria.

For more information on Opportunities Ontario: Provincial Nominee Program requirements: www.ontarioimmigration.ca/en/pnp/index.htm

6. Orientation of High-Skilled Temporary Foreign Workers

Important Information for Integration

High-skilled foreign workers, like any new employees, benefit from an orientation to the workplace, its policies and expectations. But the need for orientation does not end at the workplace. Newcomers need orientation to the larger community, its resources, services and cultural

differences. The employer plays an important role in providing newcomers with some of the information they need to successfully integrate themselves. Below are items employers should include in a plan to help high-skilled temporary foreign workers with orientation before they arrive in Canada.

•Communityinformation:sizeofcommunity,proximitytoothercommunities,shoppingforgroceriesand other personal items, parks and recreational facilities, community events and festivals, churches, synagogues and temples, hospitals and clinics, schools (if their families are accompanying), and transportation such as bus service and taxis.

•Workplaceinformation:companyprofile,sizeofstaff,workplacelayout,hoursofoperation,healthand safety policy, and mentorship program.

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• Housing: newcomers may require help in locating suitable accommodation. You can help by recommending resources about where to look for affordable places to live, such as rental guides, newspaper classified sections or local housing registries.

•Banking: newcomers may need assistance in setting up a bank account. Many financial institutions provide free tip sheets on banking and insurance, credit, loans and debt, credit card fraud, identity theft protection, and consumers’ rights and responsibilities.

•Language Training: in many communities language assessment and training is available to high-skilled temporary foreign workers for a fee. Employers may want to invest in their workers by providing financial support to access community language training classes.

Welcome to Ontario: www.ontarioimmigration.ca

Information on the regions of Ontario: www.ontarioimmigration.ca/en/living/OI_HOW_LIVE_CITIES.html

Welcome to Canada: www.cic.gc.ca/english/resources/publications/welcome/index.asp

Information on banking and financial needs: www.fcac-acfc.gc.ca/eng/resources/publications/index-eng.asp

Employment Standards

Fairness in the workplace is the right of all Ontarians. Employment standards are enforced under the Employment Standards Act, 2000 (ESA), which sets out the minimum standards that employers and employees must follow.

For more information on employment standards: www.ontario.ca/labour

Occupational Health and Safety

Preventing work-related illness and injury is the most important job at any workplace. The Safe at Work Ontario Program is the Ministry of Labour’s strategy to protect workers’ health and safety on the job.

For more information on occupational health and safety: www.labour.gov.on.ca/english/hs/

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7. Good to Know…

Ontario’s public school system is funded through taxes. The public school system offers quality education to97%ofOntario’schildren.AsaworkpermitholderyourchildrenmayattendschoolinOntarioattheprimary or secondary level without the need for a study permit or payment of tuition fees.

Information on Ontario’s public school system: www.ontario.ca/education

As a work permit holder, you and your dependants may be eligible for publicly funded health care under the Ontario Health Insurance Plan (OHIP) which provides free basic health care services such as doctor or hospital visits. To qualify you will need a work permit valid for at least 6 months and a letter from your Ontario employer which states the employer’s name, your occupation, and that you will be working for at least six consecutive months. OHIP coverage does not apply for the first 90 days after arrival so it is advised that private coverage be arranged prior to coming to Ontario or within the first 5 days after arrival.

Information on eligibility for OHIP: www.health.gov.on.ca/english/public/pub/ohip/temp_foreign_workers.html

To apply for OHIP: www.serviceontario.ca

VisitorstoOntariomaybeabletodrivewithaforeignlicenseforuptooneyearprovidedtheirlicenceisvalidand accompanied by an international driver’s permit. Residents of Ontario who wish to drive must apply for an Ontario driver’s license. A foreign driver’s license is only valid for 60 days after arriving in Canada. Licensed drivers with at least two years of driving experience from the U.S.A., Japan, Korea, Switzerland, Germany, France, Great Britain, Austria, Belgium, Australia, Northern Ireland and Isle of Man may get full-class licence privileges without taking a knowledge or road test. Drivers from other countries must present official, written confirmation of their driving experience and may be required to take a road test.

Information on driving in Ontario: www.mto.gov.on.ca/english/dandv/driver/drvlicen.shtml

Everyone who works in Canada is required to have a Social Insurance Number (SIN). This is a nine-digit number used to identify people who earn money through work, pay taxes and use government services. A SIN should be applied for immediately after obtaining a work permit. This can be done at any Service Canada Centre.

To locate a Service Canada Centre: www.servicecanada.gc.ca

Contact us today:

Ministry of Economic Development and Innovation Business Immigration Unit 35th Floor, 250 Yonge Street Toronto, Ontario, Canada M7A 2H1

Phone: 1-416-325-6975 Fax: 1-416-325-6653 Email: bis@ontario.ca

Website: www.InvestInOntario.com/bi

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