Canadian Immigration Blogs

Introducing the Global Skill Strategy

Hiring a foreign worker may be beneficial for a Canadian company to acquire a wide variety of talents and skills. If you are an employer who wants to attract top talent to work for your company, and wants a fast and predictable process to do this, the Immigration, Refugees, and Citizenship Canada has introduced Global Skills Strategy to help employers get highly-skilled workers faster. The benefit of Global Skills Strategy is that it features faster application processing times, work permit exemptions and enhanced customer service. The average processing time for the Global Skill Strategy is two weeks. If you want to know more about the Global Skill Strategy, please continue and read this blog.

Who is Eligible for the Two-Week Processing

Generally speaking, Labour Market Impact Assessment (LMIA) exempt workers, LMIA-required workers, and the spouses and dependents are eligible for the two-week processing. However, eligible applicants should take some more specific details into consideration.

Hiring a Foreign Worker Temporarily

If you are a Canadian employer who is looking to hire a foreign national to fill a position temporarily, the government does not want to prevent you from doing this, though, they do want to prevent foreign nationals from taking positions from Canadians who need them. It is important to the Canadian government, that Canadian have access to jobs in Canada, before those positions are filled by an individual visiting the country temporarily. To do this, there is the requirement that foreign nationals and their employers obtain a labor market impact assessment, prior to being able to obtain a work permit. In other words, before you will be able to apply for an LMIA successfully, you must have your application supported by a positive LMIA. Because this is such an important step, and most work permits require an LMIA, we will take the time to break down the application process, to help you prepare an application for an LMIA.

What is an LMIA?

Well, as mentioned, it is a document which confirms a position was available to Canadians, and that no Canadian can be found to fill the position, so a foreign national is needed to serve the needs of the company, and the company is permitted to hire a foreign national because no Canadian is available.

What is the Global Talent Stream?

The Global Talent Stream is a fairly new program, which began in 2017 as a pilot project to test new ways to help Canadian businesses grow and innovate to the best of their abilities. Recognizing the need for highly skilled workers in certain positions, in combination with a low availability of Canadian workers who are trained and capable of doing the job, the Canadian government launched the Global Talent Stream for Temporary Foreign Workers Program. This program boasts low processing times for applications, one of the largest of many benefits of this program. So, if you are an employer looking to fill a position which requires advanced knowledge and special skills, you may be eligible to apply to hire a temporary foreign worker through the global talent stream. Keep reading to learn more!

What Do Employers Need to Know About Hiring a Foreign Worker Through GTS?

There are a variety of requirement an employer must comply with to be eligible to hire a temporary foreign worker through the global talent stream. To give a brief overview of what the Global Talent Stream requires, there are special requirements for both Category A and B of the global talent stream. Both the position you are hiring for, and the individual you wish to hire must meet all the conditions under either Category A or B, to enter the application process successfully. Then, the employer must show in their application for an Labor Market Impact Assessment (LMIA) and request to hire through the global talent stream that the business and job offer must be legitimate, so that the individual they wish to hire can then apply for a work permit through the global talent stream, and enter as a temporary foreign worker. The employers application for an LMIA and request to hire through the GTS will include a variety of other necessary supporting documents, these include:

How an LMIA Application can be Refused

Prior to applying for an Labour Market Impact Assessment (LMIA) application, it is very important for the Canadian employer and the temporary foreign national to consider whether Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) will refuse the LMIA application. There are several different circumstances that can warrant a refusal to process an LMIA application. Therefore, in this article, I will address the different circumstances that can warrant a refusal and why.

There are specific conditions set out that may justify why the Canadian government and its respective departments may not be able to process a Labour Market Impact Assessment application. Such conditions include Regulatory Authority and Public Policy Considerations in Ministerial Instructions. Below I will explain each in detail.

Questions and Answers for Labour Market Impact Assessment

In this article, I will address questions and answers for a Labour Market Impact Assessment (LMIA), as there are several different circumstances that require a LMIA, in order for you to further understand what a Labour Market Impact Assessment (LMIA) entails. A Labour Market Impact Assessment, better known as a LMIA, is a document from Employment and Social Development Canada that permits a Canadian employer to hire a temporary foreign worker. It was created to give foreign nationals an opportunity to contribute to the Canadian economy, without replacing available Canadian citizens or permanent residents. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Who Needs a Labour Market Impact Assessment” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Labour Market Impact Assessment.

Q: What happens if I have not received a new LMIA from my employer and my work permit is about to expire? What can I do?

A: The only way to submit your application without an LMIA is if your work permit will expire within the next two weeks. With the application, you must provide evidence that the LMIA request was made but you have not received an outcome. When submitting your application, you must include a copy of the application that was sent to Employment and Social Development Canada (ESDC) or; a copy of the receipt confirmation number, only if the request was made online, or; indicate specific details within the section “Details of Intended Work in Canada” of the work permit application with regards to the LMIA request. The specific details must include the office that the LMIA request was sent to, the date it was sent, the employer’s name and the confirmation number for the submission. Additionally, it is also vital for your application to contact the Call Centre once you have the LMIA confirmation number. This must be done within two months from the date that your application was received. If not done, your application may be refused.