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A Guide for PL Immigration Employers

Employers at PL Immigration may look to international talent as a means to fill crucial roles within their organization, whether due to a shortage of local expertise or in an endeavor to support foreign individuals on their path to permanent residency in Canada. A comprehensive understanding of the options available for legally employing international staff is key for any business.

International workers are mandated to have proper work authorization to be employed in Canada. There are several routes to achieving this: acquiring a work permit, qualifying for a work permit exemption, or becoming a permanent resident. Each pathway varies in terms of eligibility criteria and filing protocols.

Under specific conditions, an employer might need to conduct a Labour Impact Assessment (LMIA) to endorse a foreign national’s work permit application or to extend a formal job proposition in support of an application for permanent residency. Discover more about the variety of legal avenues and required procedures for engaging international workers in Canada by exploring the sections below.

Work Permit Acquisition Strategies

Securing work authorization could often entail navigating through a complex work permit application process. Employers should be conversant with the diverse types of permits available and the corresponding eligibility requisites.

Distinct categories of work permits exist — some are open, allowing work for any employer, while others are employer-specific. The latter scenario frequently necessitates an LMIA, demonstrating that the employment of a foreign worker will not negatively impact the Canadian job market.

Work Permit Exemptions – Navigating Without a Permit

In some exceptional cases, international employees may undertake work in Canada without a permit, fitting into specific work permit exemptions. These depend on the nature of the work, the duration, or the worker’s home country’s trade agreements with Canada. PL Immigration employers should scrutinize these exceptions to determine if prospective employees qualify.

Permanent Residency as a Pathway for International Hires

Alternatively, companies may extend long-term roles to foreign nationals seeking permanent residency, aligning with various immigration programs that Canada offers. These programs may be more suitable for both the employee and the employer, aiming to retain talent for the foreseeable future while supporting the worker’s immigration journey.

Understanding an LMIA’s Role

The LMIA process is a fundamental component in hiring foreign workers, particularly for positions that require employer-specific work permits. Employers must present a rationale that hiring a foreign national will not deprive a Canadian resident of employment opportunities.

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Securing a Work Permit in Canada

In the pursuit of attracting global talent, Canada offers several paths for international skilled professionals to gain work authorization. These paths are categorized into three primary programs, each designed to meet different needs and contribute to the nation’s economic growth.

Temporary Employment Pathways

At the forefront of temporary employment avenues is the Temporary Foreign Worker Program (TFWP). This program, which encompasses various specialized immigration streams, permits international employees to take on temporary roles in Canadian businesses. Employers must first secure a positive Labor Market Impact Assessment (LMIA) as evidence of a need for international talent that cannot be satisfied locally before a potential hire may proceed with obtaining their work visa.

Work Permits Without LMIA: International Flexibility

Breaking away from the traditional LMIA requirement, the International Mobility Program (IMP) offers a suite of immigration streams that allow for the hiring of foreign staff under LMIA-exempt conditions. The IMP includes a multitude of programs that grant open work permits, affording employees the, affording employees the flexibility to work for any employer in Canada without the need for a specific job offer or LMIA, promoting more fluid labor mobility for qualified candidates.

Permanent Residency: A Path for Skilled Immigrants

Foreign nationals who achieve Canadian permanent resident status gain the invaluable right to reside and work across Canada indefinitely. Canadian firms can play a pivotal role in facilitating this transition by extending official job offers to skilled immigrants through several permanent residency trajectories. Notably, these include pathways for Professional and Skilled Workers, Provincial Nominee Programs (PNPs), and the Atlantic Immigration Pilot Program (AIPP).

While most job offers supporting an individual’s permanent residency bid generally necessitate an accompanying LMIA, the efficient framework of the Global Skills Strategy occasionally offers expedited processing for LMIA submissions tied to permanent residency endeavors.

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