Does Your Company Hire Foreign Workers?
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Many Canadian employers require the services of skilled personnel that they are not able to find in Canada. However, a person who is not a Canadian citizen or permanent resident is not entitled to work in Canada without specific authorization; i.e. a "Work Permit". At Velletta & Company we have experience in assisting Canadian companies who wish to employ foreign workers. We can assist your business in obtaining authorization for foreign employees in the most expeditious and cost-effective manner possible.
The Immigration Act
The employment provisions of Canada's Immigration Act are based on a "Canadians First" policy. Except for very specific employment-related activities which do not require an employment authorization, and certain specific exemptions to job authorization requirements, a "Job Validation" from Human Resources Canada may be necessary.
The Job Validation process can be an onerous process for an employer. A validation will only be issued if the employer can show that, after an extensive search, there is no Canadian citizen of permanent resident who can fill their position and the intended foreign employee fulfills their job requirements.
Fortunately, with good knowledge of the system, the Job Validation process can be avoided.
The North American Free Trade Agreement (NAFTA)
If your potential foreign employee is an American or Mexican citizen the NAFTA may allow him or her to obtain an employment authorization without the necessity of a Job Validation. Intra-company transferees with specialized knowledge and certain types of professionals may be able to obtain one-year employment authorisations, which are renewable.
There are very specific requirements for NAFTA work authorisations. We have experience with these types of applications and can assist you in bringing your American or Mexican employee into Canada.
The General Agreement on Trade in Services (GATS)
If your potential employee is not an American or Mexican citizen, the GATS may be of assistance. Certain qualified individuals can enter Canada under specified categories, which include intra-company transferees and professionals.
These categories are similar to their NAFTA counterparts, but can be more restrictive. However, more than 120 nations who are members of the World Trade Organization are "GATS countries", including Australia, Austria, Belgium, Brazil, Chile, Denmark, France, Greece, Hong Kong, Israel, Italy, Japan, Korea, The Netherlands, Norway, Portugal, Switzerland and the United Kingdom.
We can determine whether this is the most appropriate category for your prospective employee.
Computer Professionals and Other Special Categories
The Ministry of Citizenship and Immigration occasionally announces other specific exemptions to the sometimes-onerous employment authorization application process.
For instance, after receiving submissions from the Canadian software industry, Citizenship and Immigration Canada in collaboration with Human Resources Development Canada is instituting a pilot project to streamline the entry of workers whose skills are in crucial demand in Canada's software industry. Job descriptions are now being developed for the following sub-sectors: management information systems, embedded software, software products, software consulting services and multimedia applications. Once the descriptions are completed, Human Resources Development Canada will confirm that these positions cannot be filled by Canadian job-seekers and Immigration officers will be advised that would-be employees with a job offer and contract of employment for a position with a skills profile can be processed without having to request a job-specific validation from Human Resources Canada. This process is intended to remove the delay associated with Job Validations and should save employers a great deal of time and effort.
Does Your Business Require a Lawyer to Assist with the Application?
Unless your personnel manager has significant experience in bringing in foreign workers to Canada, he or she may not have the expertise to determine under which category an applicant should proceed. Whether your potential employee qualifies for an exemption under the Immigration Act or would be better suited to the NAFTA or GATS provisions or whether a job validation will be required from Human Resources Development Canada is a complex determination that requires a thorough understanding of all available processes. At Velletta & Company we have this expertise.
But do you need a lawyer to do this? While there are may be some capable immigration consultants, it would be wise to research the background of any consultant before hiring him or her to assist you. Lawyers, unlike consultants, are governed by the Law Society of British Columbia, which acts as a watchdog organization. Not only can complaints to the Law Society result in serious repercussions for a lawyer but the liability insurance fund protects your business.
A lawyer also has the right and ability to appeal to the Canadian judicial system if your employment authorization is wrongly refused. Only a lawyer may represent you or your potential employee in the Federal Court of Canada.
Other Potential Bars to Admission
Employers should be aware of criminal and medical inadmissibility guidelines and how they may effect your future employee. At Velletta & Company we provide you with expert advice on these potential bars to admission. Not every medical condition or criminal conviction results in inadmissibility.
Permanent Residence
Once your employee is authorized to work in Canada he or she may wish to reside here permanently. We can assist your employee and his or her dependants with an application for permanent residence.
Any comments or concerns regarding the above or other Immigrant and Refugee matters can be addressed by contacting Natasha A. Grof.
