presented by: frances hannigan, ccic hr - watport foreign worker: application for labour market...

Presented by:

Frances Hannigan, CCIC

HR - WatPort

Foreign Worker: Application for Labour Market Opinion

November 24, 2011

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

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

• 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

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)

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

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

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

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

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

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

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

The Labour Market Opinion

HRSDC 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

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!

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

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

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

Extension of LMO

When 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!

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

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

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

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: fhanniga@uwaterloo.ca

• On the web: www.watport.uwaterloo.ca

Thank you for your time!