Presented by: Frances Hannigan, CCIC HR - WatPort
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Transcript of Presented by: Frances Hannigan, CCIC HR - WatPort
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Presented by:Frances Hannigan, CCIC
HR - WatPort
Foreign Worker: Application for Labour Market Opinion
November 24, 2011
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Who needs a Work Permit?• Most foreign workers require a valid work permit
before they can be legally paid for their employment
• Most common cases are regular full-time faculty who do not hold a Canadian passport
• However, any worker that do not hold a Canadian passport requires a work permit; this includes PDFs, Research/Teaching Assistants, Research Professors, Lab Assistants/Technicians
• Work permits cannot be issued for part-time work regardless of occupation
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Human Resources and Skills Development Canada
• Is part of Service Canada, therefore does not answer to Citizenship & Immigration Canada
• Main purpose of the LMO is to keep track of and advise the Federal & Provincial governments of the labour movements and shortages in Canada
Citizenship & Immigration Canada
• Is the Federal body that regulates foreign nationals’ movements in and out of Canada
• Is the only authority that can provide legal “permission” to any foreign national to work in Canada
HRSDC vs. CIC
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• Immigration and Refugee Protection Regulations 203(1) requires that all work permit applications must be accompanied by a neutral or positive opinion (the Labour Market Opinion – LMO) from HRSDC
• Since HRSDC does not answer to CIC, it does not always “keep in time” with the changes to immigration and its respective Act & Regulations
What does this mean to you when hiring a foreign national?
The LMO is not always a guarantee!
HRSDC & CIC
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Hiring a Foreign FacultyOnce the signed Letter of Appointment is received from a
foreign new faculty, what happens next:
• Application for a Labour Market Opinion must be made and an LMO Confirmation must be obtained
• The foreign new faculty must obtain a work permit with an LMO Confirmation
• All LMO’s are valid for 6 months
• Upon re-appointment of the foreign faculty, a new Labour Market Opinion must be obtained in order for the faculty member to renew his work permit (unless s/he has since received their PR status/card)
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Most foreign workers require a work permit but in some cases, no LMO Confirmation is needed:
• Guest Lecturer
• Visiting Professors
• Post Doctoral Fellows
• Research Award Recipients
• International Agreements such as NAFTA, CCFTA and GATS
Who doesn’t need an LMO Confirmation
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Guest Lecturer:
• Delivers a series of lectures or talks
• Holds a position for a period of less than one academic term or semester
• No requirement to be a professor
• Does not have to hold a PhD
• Mainly used for someone staying for longer than 5 days to present but less than an academic term (academic term is to be defined by the University & must be within reason)
• HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation
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Visiting Professor
• Works for a period of not more than two academic years
• Retains their position abroad and MUST be returning to his/her position abroad (proof must be provided in form of a letter of intent to return)
• Must meet the requirements of the NOC description for a Professor (NOC 4122)
• HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation
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Post Doctoral Fellows
• Candidate has completed a Ph.D. or equivalent (CIC will accept the University’s word that the candidate has equivalent qualifications for a PhD)
• Works in a field related to that in which they earned their Ph.D.
• Appointed to a time-limited position granting a stipend or salary
• HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
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Research Award Recipient
• Applies only to persons who are the direct recipients of an academic research award paid by a:
• Canadian source, or
• foreign source
• Researchers working for other award recipients are not covered under this provision – i.e. Research Assistants, Graduate Students
• HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
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International Agreements
• North American Free Trade Agreement (NAFTA): applies to citizens of USA and Mexico only – HRSDC LMO exempt (T23)
• Canada Chile Free Trade Agreement (CCFTA): applies to citizens of Chile only – HRSDC LMO exempt (T23)
• General Agreement on Trade & Services (GATS): applies to citizens of the WTO Member Nation (or PR of Australia or New Zealand) – only applies to specific occupations – HRSDC LMO exempt (T33)
Who doesn’t need an LMO Confirmation
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RA/TA / Lab Techs / Visiting Scholars / Staff
• If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO Confirmation IS required before a Work Permit will be issued
• Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain
• Contact me right away to find out what needs to be done
Hiring Foreign non-Faculty
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The Labour Market OpinionHRSDC forms: www.watport.uwaterloo.ca
• What are they: Recruitment Summary Form & the Foreign Worker Application – Application for Labour Market Opinion
• Where to find them: www.watport.uwaterloo.ca/OnCampus/indexWP-Employer.html
• How to complete them: www.watport.uwaterloo.ca/OnCampus/LMOApp1.html
• To Whom do they go to: www.watport.uwaterloo.ca/OnCampus/GeneralInfo.html
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How to complete the LMO Application Forms• Download the form from the WatPort site – this is
necessary as there are some completed fields already that change on an annual basis with up-to-date information
– Changes to Box 65 re: Union status
• Follow the instructions on the step-by-step guide and there should be no problems – if there is, call me!
• In most instances, all forms must be sent over to the VP – Academic for signing/approval (for faculty positions only)
• Once completed, follow the instructions on the first web-page (General Information) to send it to Saint John, NB for faculty positions and Downsview, ON for all others
• If you receive a denial of the LMO, call me!
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LMO Confirmation• Normal turn-around time from time of fax to receipt of
the LMO Confirmation is 48 hours for faculty positions & 2 to 3 weeks for all other positions
• If you are called by HRSDC, they are simply looking to clarify a point – most likely something they could not read because of the fax transmission!
• Make sure to keep a copy of the LMO Confirmation in the employee’s file in either the Dean’s or Chair’s office
• The original fax must be given to the new employee for them to include with their work permit application
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The Work Permit
Once the LMO Confirmation is received by your new employee, they must do the following:
• Download a work permit application form: www.watport.uwaterloo.ca/OnCampus/indexWP-Employee.html
• Follow the instructions given on the WatPort site: www.watport.uwaterloo.ca/OnCampus/WP-GeneralInfo.html
• The actual work permit is not issued to the new employee until they enter Canada at any port of entry – they will only receive a Letter of Confirmation of Work Permit, which they must present at the port of entry along with supporting documents
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What Happens Next
Once your foreign new faculty arrive on campus:
• Be sure to ask for a copy of their work permit to add to their employee file (this will help you to remember to apply for a new LMO when it comes time for the re-appointment)
• Point them to the WatPort site or refer them directly to me for any questions related to relocation
• Call me or refer me to the foreign new employee if they have any questions about spousal/partner work permits or are looking to apply for PR
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Extension of LMOWhen it’s time for the foreign employee to be re-appointed:
• Make sure that the faculty member has not already received PR – applying and having an application in the process does not negate the fact that they still need a work permit to be legally paid for their work!
• Once the re-appointment letter has been signed, Application for a Labour Market Opinion must be completed and faxed to Saint John, NB for faculty positions and Downsview, ON for all others
• The form can be downloaded from the WatPort site: www.watport.uwaterloo.ca/OnCampus/ExtendGenInfo.html
If an LMO was needed the first time to get the work permit, a new LMO will be needed for the re-appointment!
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Other areas WatPort can assist with• During the Candidate interview date:
– 30 minute meeting with the Candidate to answer any immediate questions about relocation
– Provide a “Welcome Package” of information about the uWaterloo & KW community
• When an Acceptance is received from the Candidate:– If no opportunity was given to meet the Candidate during
their interview date, a “Welcome Package” will be sent– Contact made via email with the Candidate/New Faculty
to offer assistance with relocation– Area tour if candidate is in KW for a “house-hunting” trip
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Other areas WatPort can assist with
• New Faculty already in Waterloo
– Provide guidance/advice/assistance with Provincial Nominee applications for New Faculty
– Provide immigration advice/guidance for any “unusual” non-Canadian hire and/or visitor
– Assistance/guidance with LMO renewal applications– Rental posting site specific for faculty and staff only for
sabbatical and/or non-sabbatical rentals
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WatPort
Recruitment
Meet during interview day
CD & Website of Resettlement Info
Email before signing letter of offer
Immigration Assistance
To provide as
much information
to the candidate
to allow them to
make the best &
most informed
choice on
whether to work
at uWaterloo
Support
Welcoming Events in Jan., June, & Sept.
Info Sessions on Academic Support
Units
Lunch & Learns through CTE & WatPort
Immigration Assistance
To provide a first-
point of contact
for both the new
faculty & their
family during their
resettlement
phase to
Waterloo
RetentionAssistance with
permanent residency applications
Advice & guidence with re-appointments of
foreign faculty
Career and/or job-search assist for
spouses/partners of new faculty
To provide "as-
needed"
assistance to new
faculty & their
family as they
make Waterloo
their home
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How to reach me….• On campus: GSC 138• By phone: 519-888-4567 ext. 36332• By fax: 519-746-3242 or 519-888-4341• By mobile: 519-498-4277• By email: [email protected]• On the web: www.watport.uwaterloo.ca
Thank you for your time!