Navigating the Foreign Worker Process

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Navigating the Foreign

Worker Process

Martine Varekamp-Bos Regulated Canadian Immigration Consultant

Alberta Pork AGM

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Agenda

• Hiring Foreign Workers – the process

– LMIAs & exemptions – Compliance NEW! – Work permits

• Permanent Residency options

– Express Entry

• Key messages

Disclaimer:

Information provided is a general overview of the various government programs. Not all program requirements and exceptions are covered.

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1 Plan! 2 Recruitment & Selection 3 LMIA Some exemptions 4 Work Permit 5 Permanent Residency

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1 Plan!

2 Recruitment & Selection

3 LMIA Some exemptions 4 Work Permit 5 Permanent Residency

Make a Plan! and understand implications

1. What kind of farm/business are you operating? – Commodities list / mixed farm

– Single / multiple locations 2. What are you looking for?

– Seasonal / temporary / permanent worker

– Clear job description to identify NOC code (skill level/wage level) 3. Be mindful of future compliance requirements

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Know your

NOC!

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1 Plan! 2 Recruitment & Selection 3 LMIA Some exemptions 4 Work Permit 5 Permanent Residency

• Consider different recruitment methods

– Recruiters, recruitment trips, advertising, networking etc – Recommendations from other staff or other employers

• Focus on source country/countries - vocabulary

• Evaluate time lines – they can vary greatly

• Consider occupational regulations: trades, professionals

• Manage expectations, start orientation before arrival

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1 Plan!

A Positive Labour Market Impact Assessment (LMIA):

Permission granted to an employer to hire a foreign worker

Paper/online application assessed by Service Canada/ESDC + telephone interview • Demonstrate a labour shortage/job creation/transfer of skill

• Is the employment need genuine?

• Recruitment efforts to hire a Canadian/permanent resident • Wages & employment conditions

• High v. low wage application – AB $25/hr

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Agricultural LMIA streams

1. Seasonal Agricultural Program (SAWP) 2. Agricultural Stream

– National Commodities List

3. Stream for Low-Wage positions – Wage below $25/hr (AB)

4. Stream for High Wage positions – Wage above $25/hr (AB)

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On Farm Primary Agriculture variations

• 2 weeks instead of 4 weeks of advertising • Housing inspection – ag stream

• Employment contract:

– Rent (max $30/week for ag stream) / WCB /Return Airfare • Exempt: $1000 LMIA Processing fee

• Exempt: 10% cap on low wage TFWs • Exempt: 1 year LMIA duration

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Recruitment considerations

• Genuine attempts to hire a Canadian/permanent resident first • Consider underrepresented groups in the labour market

• Minimal advertising requirements:

– Sources: Jobbank + 2 others (of which one is national in scope) – Ads must be posted for at least 4 weeks (primary ag 2 weeks) – Ads must include: company name, address, duties, terms, wage,

benefits, location of work, contact information, skill requirement

“Meeting only the minimal advertising requirements is a recipe for failure”

1 Plan!

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Employer compliance

Methods:

1. Employer Compliance Review – part of the LMIA app. Will pause processing 2. Inspection – can occur after an LMIA is issued and TFW is working

3. Review under Ministerial instructions – can occur at any time, is issued following

new information

• Provide accurate information in application & Retain documents for 6 years • Pay wages and provide conditions that are substantially the same (STS)

• Provide occupation as set out in job offer that is exactly the same • Cooperation with inspection & Comply with employment laws • Provide reasonable efforts to provide a workplace free of abuse

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Consequences of non compliance

• 2 year ban (+ “black listed”) • negative LMIA

• LMIA revoked

• administrative monetary penalties + ban effective Dec 1, 2015

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Compliance – administrative monetary penalties (AMPs)

• Monetary penalty to be based on:

Type of violation Prior noncompliance history Size of business Severity of violation

• Justification of errors made in good faith/reasonable efforts to comply • voluntarily disclosing noncompliance prior to investigation may reduces

AMP(?)

• Great discretionary powers to officer

• AMPs can range from $500-100,000 per violation + program bans

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Summary of types of violations

Type A violations

• Unable to demonstrate information was accurate (6 year period) • Did not retain related documents (6 year period)

• Did not respond to investigative requests

Type B violations

• Did not comply with employment laws

• Did not provide employment that was the same, wages/conditions that were STS

• Did not make reasonable efforts to hire/train a Canadian

Type C violations

• Not actively engaged in the business related to the job offer

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Scoring of violations

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How to ensure compliance

Self audit and maintain a file for each TFW that includes: • Work permit and passport

• LMIA and employment contract • Job description

• Time sheets and payroll calculations • Signed Immigration policy

• Signed conduct policy (abuse free work place)

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LMIA exempt - International Mobility Program (IMP)

• International Free trade agreements (NAFTA, GATS etc)

– Professionals & Intra-company transferees (exec/manager/spec. knowledge) • Significant benefit to Canada

– Economic/Cultural/Social benefit – Emergency repair

– Youth mobility programs (International Experience Canada)

• May still be subject to compliance investigation!

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Temporary work permit:

Permission granted to a foreign national to work in Canada

• Applications assessed by Citizenship & Immigration Canada: – Admissibility & Job requirements (& intention to leave Canada) • Occupation, employer, location of work specified

• Processing times can vary greatly per visa post

• Port of entry application for visa exempt nationals • Extensions and implied status

• Most permits issued for 2 years / must leave after 4 years • Fees for IMP: employer compliance or open work permit

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1 Plan!

Permanent Residency Programs

1. Alberta Immigrant Nominee Program – paused until Jan 27 2016

– Possible changes to program requirements

Express Entry

2

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Federal Skilled Worker - 1 yr skilled exp + 67/100 points: ed., work exp,

language, age, adaptability, arranged employment

3. Federal Skilled Trades - 2 yr work exp. in trade + language (CLB 5 & 4) + job offer

or trade cert.

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Express Entry

How does it work?

1. Fill out your profile

• If you qualify for FSW/FST/CEC profile is entered into the Express Entry Pool • Profile will generate a score out of 1200 point

– 600 points (max) for age, ed, language, Cdn work experience, skill transferability – 600 points for LMIA supported job offer

2. Highest ranking profiles will receive an Invitation to Apply

Frequency of ITA rounds and “clearing score” varies

– 60 days to Apply for permanent residence online

Program promise: 6 month processing time (once application is submitted) Current clearing score around 450 points, expected to drop (later) in 2016

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The Perfect Express Entry Candidate

• Between 20-29 years old • Doctorate degree

• Outstanding language skills

• 5 years of Canadian work experience • An LMIA supported job offer

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1 Plan! 2 Recruitment & Selection 3 LMIA Some exemptions 4 Work Permit 5 Permanent Residency

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Key Messages

1. Many moving parts that need to be managed

2. Complete the right application(s) and pay the correct fees

3. Consistency across applications (Job description & conditions) 4. Know what you are signing! Be aware of possible criminal,

economic, reputation & disruption consequences 5. Good record keeping. Maintain up to date files 6. Manage expectations of foreign worker

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Thank you

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[email protected]