Thinking of Hiring a Foreign Worker?

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By Lisa Seppala


We’ve read the headlines.  With the economy on the rebound, HR practitioners will once again be faced with the task of helping their organizations address the labour gap.  In fact, despite high unemployment, some never stopped addressing it, as certain highly skilled workers have consistently been in short supply.

Here are a few tips if you’re thinking of looking outside Canada to address vacancies.

 

Plan ahead – be aware of the additional steps
When hiring temporary foreign workers, in most cases you must first apply to Service Canada for permission through what is called a Labour Market Opinion (LMO) application, proving you’ve exhausted all recruiting opportunities within our borders.  With a positive LMO, you then recruit your foreign worker, if you’ve not already done so, and the worker applies for a work permit through the Canadian visa office serving his/her country of residence.  From start to finish the process can take many months, depending to a large extent on the worker’s home country.  Workers from the US can usually have their work permits approved at the border in a matter of hours, whereas for other countries the process can take months if not years (e.g. Philippines).

If you’re planning on a permanent hire, there are several programs for immigration available at the federal or provincial level, each with unique attributes.  A typical timeline for skilled worker Permanent Resident (PR) applications is approximately 1-2 years.  In some cases your worker can qualify for a temporary work permit while his/her PR application is in process and can start contributing to your organization sooner.

For positions requiring specific credentials, you should also work with the appropriate provincial regulatory body to ensure that the worker will be able to perform the work.

Do your due diligence when using 3rd party recruiters
In BC, it’s illegal for a worker to be charged a fee for work placement, so recruiting companies charge the employer a fee and the employee pays nothing.  The laws with respect to recruiting are inconsistent across Canada and they differ greatly in countries abroad.  For instance, in some Asian countries it’s legal for a worker to pay a recruiter a placement fee in exchange for a job.  If the foreign based recruiter you’ve hired is charging the worker, you could be liable if the worker launches a complaint in Canada. Familiarize yourself with the laws here and abroad.  Screen foreign based recruiters and check with the province for a list of approved recruiting firms operating in your worker’s country, if available.

If you’re planning to bypass recruiters altogether, check the legality of your plans in your target country.  The Department of Foreign Affairs and International Trade Canada (DFAIT) can assist in ensuring your overseas recruiting trip doesn’t land you in hot water.

Know the rules when it comes to immigration support
Your due diligence should also cover any external immigration support you’re planning on using.  The only representatives who may charge a fee to represent or advise you on immigration matters with the Government of Canada are members in good standing of a Canadian provincial or territorial law society (lawyers), the Canadian Society of Immigration Consultants (Certified Canadian Immigration Consultants) and the Chambre des Notaires du Quebec (notaries licensed in Quebec).

Think twice before assuming the role of helping your worker complete the immigration paperwork!  Trained professionals live with immigration laws and regulations on a daily basis and thoroughly understand the process and steps.  An error or omission on an application could have serious consequences for your worker and could have a lifelong impact on his/her relationship with Canada.

Prepare the worker and his/her family for Canada – culture, taxes, etc
Provide your worker with counseling before his/her arrival to Canada.  Orientation sessions dealing with cultural, language and tax issues can help him/her avoid difficult situations and unintended surprises after landing.  In some cases it’s worthwhile to have a worker and his/her spouse visit Canada in advance to take care of necessities such as accommodations, schools, etc.  Some companies have also gone as far as assisting the spouse in finding employment once the family has landed in Canada.

Prepare your workplace to welcome the new worker(s)
Clear up misperceptions.  Many existing workers feel that foreign workers are paid less than the market rate and that the company is taking advantage of workers unfamiliar with local labour laws.  The truth is, the government will not approve applications unless the worker is paid what the government deems as market rate.  This can lead to inequities in the workplace whereby the foreign workers are earning higher wages than the regular employees. Be prepared to have candid discussions with your team and help them to understand what is happening and why.  The explanation may not be fully appreciated, but at least you will have given them the opportunity to be heard.

If your workforce is large enough, you may already have workers on staff with similar backgrounds to your new hire(s). Make the introduction and help the integration process. If not, check with community service groups such as SUCCESS, MOSAIC or the Immigrant Services Society (ISS).  It will make a difference to your new hire if he/she can share some common experiences with people outside of work if the same is not available on the job.

The ramp up time for getting workers into your organization can be lengthy, but most companies who carry through with the process find the return far outweighs the cost.

This article is provided for information purposes only, does not constitute advice and therefore should not be relied upon as such.

Lisa Seppala, MBA, CCIC, One World Education & Consulting Ltd. is dedicated to helping Canadian companies identify talent pools in other countries and is a Certified Immigration Consultant, Member of the Canadian Society of Immigration Consultants (CSIC). 

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