Canada has a strong economy and a diverse workforce, making it an attractive destination for foreign workers. If you're an employer in Canada and you want to hire a foreign worker, you'll need to go through the process of sponsoring them. In this article, we'll discuss the steps you need to take to sponsor a foreign worker in Canada.
Step 1: Determine if you're eligible to be a sponsor
To sponsor a foreign worker in Canada, you must first determine if you're eligible to be a sponsor. The eligibility requirements for sponsors include being a Canadian citizen, a permanent resident of Canada, or a registered Indian under the Canadian Indian Act. You must also be at least 18 years old, have enough income to support the sponsored worker, and not be in default of any immigration loans, such as a student loan.
Step 2: Obtain a positive Labour Market Impact Assessment (LMIA)
The next step is to obtain a positive Labour Market Impact Assessment (LMIA). An LMIA is a document issued by Employment and Social Development Canada (ESDC) that indicates there is a need for a foreign worker to fill a job in Canada. To obtain a positive LMIA, you must demonstrate that there are no Canadians or permanent residents available to do the job and that hiring a foreign worker will not have a negative impact on the Canadian labour market. You'll need to provide details about the job, such as its duties, wages, and qualifications, as well as evidence that you've advertised the job to Canadians and permanent residents.
Step 3: Prepare and submit the application
Once you've obtained a positive LMIA, you can prepare and submit the application to sponsor a foreign worker. The application includes forms for both you and the foreign worker, as well as supporting documents, such as proof of your income and the foreign worker's qualifications. You'll also need to pay a processing fee, which varies depending on the type of worker you're sponsoring.
Step 4: Wait for a decision
After you've submitted the application, you'll need to wait for a decision from Immigration, Refugees and Citizenship Canada (IRCC). The processing time varies depending on the type of worker you're sponsoring, but it can take several months. During this time, IRCC may request additional information or documents from you or the foreign worker.
Step 5: Issue a job offer and work permit
If your application is approved, you'll need to issue a job offer and work permit to the foreign worker. The job offer must include details about the job, such as its duties, wages, and duration, as well as any other terms and conditions of employment. The work permit allows the foreign worker to legally work in Canada for the duration of their employment with you.
Step 6: Ensure compliance with the terms of the LMIA and work permit
As a sponsor, it's your responsibility to ensure compliance with the terms of the LMIA and work permit. This includes paying the foreign worker the wages and benefits outlined in the job offer, providing a safe and healthy work environment, and not engaging in any abusive or exploitative practices. You must also ensure that the foreign worker is working in the occupation and location specified in the LMIA and work permit.
Step 7: Extend the work permit (if necessary)
If the foreign worker's employment with you is extended beyond the duration of their initial work permit, you'll need to apply to extend their work permit. This involves submitting a new LMIA application and work permit application, along with updated information about the job and the foreign worker's qualifications.
Conclusion
Sponsoring a foreign worker in Canada can be a complex and time-consuming process, but it can also be a rewarding one. At North York Immigration Law Office of Ronen Kurzfeld, they assist clients with family sponsorships on a regular basis. By following these steps and ensuring compliance with the terms of the LMIA and work permit.
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