New Rules For Employers In Canada Recruiting Overseas Nationals

20 Feb 2015

Here's some major news for all the Canadian employers who would like to recruit overseas nationals to work in Canada. Effective 21 February 2015, new regulations will come into force that has to be abide by all the employers in Canada recruiting overseas nationals who are exempted from Labor Market Impact Assessment (LMIA) process.

In line with the new regulations, starting 21 February, employers need to submit the details regarding business or organization and the job offer form as well as pay the fee to Canada’s Citizenship and Immigration (CIC).

It is clearly specified that overseas nationals who are exempted from LMIA process would not be able to obtain employer precise work permit, if their respective employers has not submitted the necessary details and paid the fee prior to submitting work permit applications. Employers need to pay their compliance fee through online.

A spokesperson from CIC has said that the acceptance of this system would mean that all the Canadian employers, whether they recruit LMIA-exempt overseas nationals or temporary foreign employees via LMIA process, would experience same scrutiny level in recruiting and treating overseas employees.

The employer compliance fee doesn’t apply for employers recruiting overseas nationals who have open work permits. Open work permits enables the holder to work for any employer in Canada.

From 21 February 2015, fee would be even collected from open work permit applicants and fee would be paid simultaneously, as the work permit processing fee can be paid through online.

Spokesperson elucidated that the fees collected would counterbalance the price of new initiatives to enhance data collection on the position of Canada open work permit holder in the country’s labor market, and augmented promotional actions to encourage Canada open work permit holders to lodge application for permanent residence.

The streams of International Mobility Program features Canada open work permits, instead of employer specific work permits, which includes the working holiday part of International Experience Canada, spouses or common law partners of extremely skilled overseas workers and global students, the Post-Graduation Work Permit Program and specific overseas citizens who are previously residing in Canada and waiting for the finalization of their permanent residence applications.

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