How Canadian companies can employ immigrants completely

Published on January 10 th, 2022 at 08: 00 am EST

Canadian employer conducting a virtual interview with a job candidate

Canada’s Express Entry system is the primary migration path for foreign employees, however it is just open up to “knowledgeable” professions. In this post, we will assist you comprehend what is thought about to be a “proficient” profession, what makes a “legitimate task deal,” and how to assist your brand-new workers to end up being irreversible homeowners.

Before employing immigrants, is very important to understand the National Occupational Classification(NOC) code and NOC ability level of the task you are working with for. In the meantime, NOC ability levels are divided into 0, A, B, C, and D.

Occupations are categorized into these ability levels based upon just how much education, experience, and job-specific training is needed for the employee to perform the required tasks. When you understand this, it will assist you find out your worker’s migration choices.

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Express Entry just acknowledges professions in 3 of these ability levels: 0, which are management positions; A, tasks that need a university degree; and B, technical tasks and experienced trades that might need college or apprenticeship training. If you are working with for an NOC C or D profession you will need to utilize a various migration program.

Keep in mind, NOC ability level categories will modification in late 2022 There have actually been no main information launched on which professions will end up being qualified for Express Entry, and which ones will end up being disqualified. The modifications will not impact the immigrant-hiring procedure.

Most companies require an LMIA

Oftentimes, the primary step to employing an immigrant is to show to the federal government that there is no Canadian offered to fill the employment opportunity.

To do this, you require a Labour Market Impact Assessment(LMIA) from Employment and Social Development Canada(ESDC). There is normally a marketing requirement for the LMIA, which suggests you need to publish your task on the Government of Canada’s Job Bank and promote in 2 other locations.

Once you have actually done the marketing requirement, you can obtain the LMIA. If ESDC concurs you require to work with a foreign employee due to the fact that no Canadian is offered, you will get a favorable LMIA.

If you wish to assist your worker get Express Entry points

You can utilize the favorable LMIA to assist your worker get more points in the Express Entry system. While the LMIA assists your worker get points for their task deal, it is not always a requirement. The more points they have, the most likely they are to be welcomed to obtain Canadian migration. It is possible for staff members to use by themselves without their company’s support.

If your worker is not an Express Entry prospect yet, they require to see if they are qualified for among 3 migration programs: the Canadian Experience Class, the Federal Skilled Worker Program, or the Federal Skilled Trades Program

If they are qualified, they can produce an Express Entry profile. As soon as all their files are submitted, they will get a rating based upon their qualifications, age, and other elements. After that, they might be welcomed to request long-term house in an Express Entry draw.

They do not require a task deal to produce an Express Entry profile, however having a legitimate task deal can score them some additional points They can get 50 points for having a legitimate task deal in an NOC 0, A, or B profession. It is unusual, however if their NOC code begins with 00 they can get 200 points for that task deal.

A legitimate task deal needs to be full-time at 30 hours weekly, and helpful for a minimum of one year after the staff member gets their irreversible residency visa.

The only method they can understand for the task deal without an LMIA is if they have an employer-specific, LMIA-exempt work license. That suggests, if you employed them and did refrain from doing the LMIA procedure due to the fact that they had an open work authorization ( Post-Graduation Work Permit, for instance), you will require to get an LMIA so that they can get the points.

To summarize, to work with an Express Entry prospect with a legitimate task deal, companies require to:

  • get a favorable LMIA, if you require one, and;-LRB- .
  • provide a full-time, LMIA-supported task to the prospect in composing that is continuous for a minimum of one year after they get irreversible residency.

Who does not require an LMIA?

You do not require an LMIA if:

  • you currently did it when you initially worked with the foreign employee and you wish to extend their task deal for a minimum of another year so they can get a long-term residency visa;-LRB- .
  • your worker has actually worked for you for full-time for one year (or the comparable part-time) in Canada and they have a legitimate work license that was exempt from an LMIA under an global arrangement like CUSMA, or the work authorization falls under the International Mobility Program, such as a federal-provincial trade arrangement, or is thought about a substantial advantage to Canadian interests.

In other words, you do not require an LMIA if among the Canadian federal government’s LMIA exemption codes or work license exemption codes uses to your scenario.

If you are still not sure, and employing a foreign employee from a visa-exempt nation who is not currently in Canada, you can call the International Mobility Workers Unit

What to inform your staff member

Once your staff member has an Express Entry profile, they will require to upgrade it with:

  • company name and address;-LRB- .
  • start date;-LRB- .
  • LMIA number; and
  • NOC code.

Most foreign employees can keep operating in Canada while their application is processing. If their short-lived status is set to end in between the time they obtain irreversible house and when they get a choice, they can obtain a Bridging Open Work Permit, which permits them to remain in Canada.

The time it requires to process an Express Entry application differs. IRCC’s processing requirement is 6 months or less for Express Entry, in 2020 it really took the typical Express Entry candidate 9 months to get irreversible residency status.

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