How to Hire Temporary Foreign Workers

Employment Law | October 31, 2022

If you are looking to hire a temporary foreign worker for your business, it is crucial to ensure that you are accurately completing the required paperwork and performing any other steps that require completion. Failure to meet certain requirements can result in a denied work permit or other complications that will greatly slow the process. As experts in employment law, the team at Linley Welwood knows how complex this process can be. That is why we have compiled some information outlining how to hire temporary foreign workers to help you navigate the process with confidence.

Learn about the differences between offer letters and employment contracts.

4 Important Considerations When Hiring Temporary Foreign Workers

The Temporary Foreign Worker Program in Canada allows employers to hire workers from another country to fill temporary roles. To ensure the successful hiring of a foreign worker, it is crucial to consider the following documents and programs:

1. Labour Market Impact Assessments

Before submitting an offer to a potential worker, it is crucial to determine if you need to obtain a Labour Market Impact Assessment (LMIA) first. This assessment is designed to verify that no Canadian or permanent residents can perform the job, indicating the need for a temporary foreign worker. It should be noted that this assessment is also known as a Labour Market Opinion (LMO), as the two abbreviations are widely used across various industries.

2. The International Mobility Program

The LMIA is not required for some jobs. This is where the International Mobility Program (IMP) comes in. The IMP allows employers to hire temporary foreign workers without the LMIA based on some exceptions to the rules. These exceptions are based on both of the following:

  • The broad cultural, economic, and other general competitive advantages for Canada.
  • The reciprocal benefits enjoyed by Canadians and other permanent residents.

3. An Offer of Employment

If the LMIA is not required, foreign workers must have received a genuine offer of employment from the employer before applying for work in Canada. Employers must send the worker a detailed job offer and pay the employer compliance fee (if necessary) so the worker can apply for a permit.

4. An Approved Work Permit Application

To ensure a hassle-free process, a work permit application should include:

  • The completed LMIA (if applicable).
  • A detailed job offer letter.
  • A signed labour contract may also be required in some cases.

This permit is issued by a border services officer at the port of entry when the worker arrives in Canada. If the worker is already in Canada and can apply for the temporary position, the work permit can be mailed to them.

To learn more about hiring temporary foreign workers or for assistance with the permit process, reach out to the experts at Linley Welwood. We can be reached at 604-850-6640 or through our online contact form and would be happy to answer your questions.

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