Employer’s roadmap to hiring and retaining internationally trained workers

Section 3: How do I recruit internationally trained workers?

In this section you will find information on:

• 3.1 Recruitment process
• 3.2 Defining the job to be done
• 3.3 Finding internationally trained workers in Canada
• 3.4 Finding internationally trained workers outside Canada
• 3.5 Incentives and legal considerations in hiring internationally trained workers
• 3.6 Related resources
  • General
  • Human resources
  • Legal considerations

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3.1 Recruitment process

As an employer, you want to hire the best candidate for the job. To do that, you need to make sure that:

• Your hiring process gathers the best possible candidates.
• Your assessment of candidates’ qualifications is fair, accurate and equitable.
• Your final selection is the best person for the job.

There are four steps in any recruitment process:

• Defining the job
• Finding candidates
• Assessing candidates, their credentials and experience
• Selecting a candidate

Each of the above steps is closely linked to the others. The way you define the job will affect the candidates you find, the way you assess a candidate’s ability to do the job, and your final selection.

This section of the roadmap is intended to help strengthen your recruitment process.
There are three important points to keep in mind at each step of the recruitment process:

• Focus on what it takes to do the job. This is what matters most. How can you fill your job opening so that the job will get done?
• Recognize the value of international credentials and experience. Don’t underestimate them because they are unfamiliar or gained outside Canada.
• Address perceived barriers. Be aware that your recruitment process may unintentionally create barriers for internationally trained workers. These barriers may correspond to the difficulties employers face in hiring these workers: difficulties with the assessment of international credentials, the lack of Canadian work experience, inadequate language skills, different communication styles and cultural differences.

You may decide to review your recruitment process to make sure it’s free of bias. You may also decide to provide diversity and cross-cultural training to those in your organization who are involved in hiring.

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3.2 Defining the job to be done

Defining the job is the first task in filling a position. How you describe the job and its requirements will determine the sort of candidates you will look for and the person you will eventually hire.

Keep the following in mind:

• Define the essential skills required for the job. To create an effective job description, you will need to define the essential skills required for the job. Essential skills are the nine basic skills used for work, learning and life. They provide the foundation for learning all other skills and make it possible for people to grow in their jobs and adapt to workplace change.

At the federal government’s essential skills site, you can search for a job title or category and find the job requirements related to each of the nine essential skills. Over 250 occupations have been profiled and profiles of other occupations are being developed.

• Make use of information available in your industry. Many industries have developed national occupational standards that provide a benchmark for various occupations within an industry or a sector. These standards allow you to evaluate workers according to standards recognized throughout the industry and across the country. Some industries have also developed information resources on job conditions, employee rights and other matters that can help you structure your job description.
• If the job you are filling is regulated, state clearly what licensing or certification is required. For occupations regulated by law, state clearly what level of licensing you expect a candidate to have attained. In some circumstances, it may be possible to hire at a lower level of responsibility and help the candidate obtain the required licensing and regulation while on the job. If so, make this clear in your description of the job opening.

• Ask for relevant work experience instead of Canadian work experience as a job requirement. For many jobs, the relevance of the work experience is what matters, not the country where the work was done. Certain regulated occupations still require a specific number of years of work experience in Canada. In these cases, you could consider the possibility of on-the-job certification or opening the job to candidates in bridge-to-work programs.
• Establish the level of language proficiency needed for the job. Consider the language proficiency really needed for the job. Some jobs may not require a high level of language proficiency, while others may need a specific job-related level of language abilities.

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3.3 Finding internationally trained workers in Canada

There are many internationally trained workers in Canada who may have the skills and experience your organization needs. These individuals may be:

• New or recent immigrants to Canada
• Refugees
• Canadians who obtained their education or work experience in other countries
• Temporary foreign workers employed in Canada
• Students from other countries studying in Canada

Immigrant-serving organizations are often the first point of contact for new immigrants to Canada. These organizations help immigrants get settled into their community by helping them find housing, update language skills and find employment, among other things. This makes immigrant-serving organizations uniquely positioned to link new immigrants with Canadian employers, and many of them also offer programs that help employers integrate new immigrants into the workplace. These organizations can put you in contact with skilled immigrants who are ready to work in the Canadian labour market. To find immigrant-serving organizations in your area, see the link provided in Related Resources: Human Resources at the end of this section.

There are many agencies and programs that can help you find internationally trained workers.

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3.4 Finding internationally trained workers outside Canada

Several government programs can help you recruit internationally trained workers from outside of Canada to work for your organization.

Under the Canada-Quebec Accord on Immigration, Quebec establishes its own immigration requirements and selects immigrants who will adapt well to living in Quebec. Employers should be aware that internationally trained workers who want to come to Canada as Quebec-selected skilled workers must first apply to the Quebec government for a certificate of selection (Certificat de sélection du Québec). A link to the provincial site is provided under Related Resources: Human Resources at the end of this section.

3.4.1 Federal Skilled Worker Program

As an employer, if you plan to hire skilled workers and support their permanent immigration for permanent positions in your company, you can improve the chances of having their applications approved by applying for an arranged employment opinion (AEO) from Human Resources and Skills Development Canada. An AEO is one factor that Citizenship and Immigration Canada considers when reviewing an application for permanent residence.

However, an AEO only supports an application for permanent residence; it will not result in a work permit being issued.

The federal skilled worker program uses six selection factors to assess immigration applications. The factors are education, language skills, experience, age, arranged employment and adaptability. Each immigration selection factor is allotted a maximum number of points, and applicants must attain at least 67 points in order to qualify for a Canadian immigration (permanent resident) visa.

Since some countries require that their citizens meet certain conditions to work abroad, you should ask the foreign worker to verify if additional conditions apply in his or her country, or contact the country’s consulate in Canada or visit its website for more information.

3.4.2 Temporary Foreign Worker Program

The federal government’s Temporary Foreign Worker Program allows eligible internationally trained workers to work in Canada for an authorized period of time if employers can demonstrate that they are unable to find suitable Canadians or permanent residents to fill the jobs and that the entry of these workers will not have a negative impact on the Canadian labour market. In the majority of cases, there are four steps involved in hiring a temporary foreign worker from outside Canada. The need to complete each step will depend on the specifics of the job offer, and the foreign worker’s country of citizenship and last place of permanent residence.

Employers and foreign workers must ensure that they provide accurate and complete information or the application process may be delayed.

If a foreign worker wants to apply to work temporarily in Quebec, he or she must meet all the federal requirements and also obtain and complete a Certificat d’acceptation du Québec (Certificate of acceptance) from the province. A link to this form is available under Related Resources: General at the end of this section.

A Labour Market Opinion (LMO) is one requirement that Citizenship and Immigration Canada considers when deciding to issue a work permit allowing a foreign worker to work in Canada. At a later date, if you choose to support your temporary foreign worker’s transition to permanent residence, you can improve the chances of having the application approved by applying for an LMO from Human Resources and Skills Development Canada.

Step 1: Determine if you require a labour market opinion

Most job categories require an LMO. However, some job categories do not. The purpose of an LMO is to assess the impact that hiring a foreign worker would have on Canadian jobs. It seeks to ensure that Canadians have first access to available jobs. It is also carried out to ensure that an employer will pay and treat a foreign worker fairly.

To check if your job offer is exempt from an LMO, you should contact a Citizenship and Immigration Canada Temporary Foreign Worker Unit. You will likely need to provide them with some details about the position in order for them to advise you.

These units are located in Moncton, Montréal, Toronto, Calgary and Vancouver. Please visit the website under Related Resources: Human Resources at the end of this section.

Step 2: Apply for a labour market opinion

The following categories of occupations generally require an LMO: high-skilled occupations, low-skilled occupations, seasonal agricultural workers and live-in caregivers.

If the job offer requires an LMO, the employer will need to complete an Application for a Labour Market Opinion and submit it to the Service Canada centre in your region.

If the LMO is positive or neutral, Service Canada will send you a written confirmation. You will need to send this written confirmation, a signed job offer and an employment contract (if applicable) to the foreign worker, which they will use to apply for a Canadian visa (if applicable) and work permit.

Note: a positive or neutral LMO does not guarantee a visa, a work permit or entry into Canada.

If the LMO is negative, you may request a review of the decision if you have new information that may affect the decision. Otherwise, you are advised not to continue the process for hiring a foreign worker.

Step 3: Advise the foreign worker to complete the work permit application

Work permits are not required for all job categories in Canada. You can find a link to the list of exempt job categories under Related Resources at the end of this section.

The foreign worker or candidate is required to apply for and obtain a Canadian work permit and visa (if applicable) from Citizenship and Immigration Canada before they can work in Canada.

The procedures for acquiring these documents may differ depending on the visa office contacted. For specific requirements, please contact the applicable visa office. A link is provided under Related Resources: Human Resources at the end of this section.

The visa office will usually require information concerning the identity of the candidate, a copy of the job offer or signed employment contract, the labour market opinion, photographs of the worker and any accompanying family, and proof of the present immigration status. A fee will be collected from the applicant. In addition, a medical examination and criminal background check will be completed.

You should note that a work permit is usually valid only for a specified job, employer and period of time.

The processing time for the visa and work permit application varies. The visa is granted before the applicant leaves the home country.

Step 4: Advise the foreign worker about obtaining the work permit from the Canada Border Services Agency officer at a port of entry

The work permit is granted by the Canada Border Services Agency (CBSA) at a port of entry.

To be granted entry into Canada, foreign workers must present the necessary documents to the CBSA officer upon entry into Canada.

Foreign workers may be denied a work permit or entry into Canada at the port of entry if the CBSA officer believes that they do not meet the requirements of the Immigration and Refugee Protection Act.

3.4.3 Temporary Foreign Worker Program and international students

There are two programs that allow international students to work in Canada. The Off-Campus Work Permit Program allows students to work in Canada while they are completing their academic program. The Post-Graduation Work Permit Program allows students to work in Canada after they have graduated from their academic program.

Off-Campus Work Permit Program

The Off-Campus Work Permit Program allows certain foreign students to work off campus while completing their studies. To qualify, the individual must be a full-time student enrolled at a participating publicly funded post-secondary educational institution or in an approved program at an eligible privately funded institution.

To work off campus, the individual must apply for a work permit. They may not begin to work off campus until they have received their work permit. The work permit authorizes the student to work up to 20 hours per week during regular academic sessions, and full time during scheduled breaks (for example, winter and summer holidays and spring break).

Post-Graduation Work Permit Program

Under the Post-Graduation Work Permit Program (PGWPP), employers may hire international students who have graduated from participating Canadian post-secondary institutions, to work for up to three years in a job related to their field of studies, without the need for the employer to obtain an LMO from Human Resources and Skills Development Canada and Service Canada.

Following the completion of their initial period of employment authorized under the PGWPP, some employers may wish to offer these individuals permanent employment in order to retain their skills and expertise. Employers who want to permanently employ such graduates following completion of their initial period of employment, for positions requiring at minimum post-secondary education or trade qualification, must apply for an LMO from Human Resources and Skills Development Canada. Please note that the job opportunity can be offered by a different employer from the employer who offered the position under the PGWPP.

3.4.4 Canadian Experience Class

The Canadian Experience Class (CEC) is an immigration program that allows temporary foreign workers and graduated international students to apply for permanent residence. To qualify, the candidate must:

1. Intend to live outside Quebec;
2. Be either a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada; or
3. A foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada;
4. Have gained their experience in Canada with the proper work or study authorization; and
5. Apply while working in Canada or within one year of leaving their job in Canada.

Candidates under the CEC will be assessed on their Canadian skilled work experience, their proficiency in English or French, and their Canadian post-secondary credential (if applicable). A link to more information and the CEC application package can be found under Related Resources: Human Resources at the end of this section.

To be considered for permanent residence under the CEC, the candidate’s work experience must fall within one of the following Canadian National Occupational Classification (NOC) categories: Skill Type 0 (managerial occupations); Skill Level A (professional occupations); or Skill Level B (technical occupations and skilled trades). A link to more information on the NOC and a list of skilled occupations can be found under Related Resources: Human Resources at the end of this section.

3.4.5 Provincial Nominee Program

The Provincial Nominee Program allows provinces and territories to nominate immigrants who will settle in the province or territory and contribute to its economic development. Each province and territory has its own criteria for nomination based on regional labour market needs. In some provinces and territories, employers can participate in the Provincial Nominee Program. You will find a link to this information under Related Resources: Human Resources at the end of this section.

Employers and foreign workers must ensure that they provide accurate and complete information or the application package will not be processed and will be returned to the applicant. There are seven steps involved in applying to immigrate to Canada as a provincial nominee that you should be aware of as an employer.

Step 1: Determine whether a certificate of provincial nomination is required
A foreign worker who wants to come to Canada as a provincial nominee must first be nominated by a participating province or territory. Since the criteria vary among the provinces, please visit their individual websites for more information and to see if you can participate as an employer. Once an applicant has been successfully nominated by a province, he or she will receive a certificate of provincial nomination. Please note that a copy of this certificate will be sent directly to the visa office by the province or territory. For this reason, the applicant is not required to submit a copy of the certificate with the application.

Step 2: Advise the foreign worker to obtain and print the application package
The package includes the application guide and all the forms which the foreign worker will need to fill out. A link to the online Application for Permanent Residence: Guide for Provincial Nominees is available under Related Resources: Human Resources at the end of this section.

Step 3: Advise the foreign worker to complete the application forms
The foreign worker must complete and sign all the forms:

1. Application for Permanent Residence in Canada
2. Schedule 1: Background/Declaration
3. Schedule 4: Economic Classes: Provincial Nominees
4. Additional Family Information
5. Use of an Immigration Representative. This form is only to be completed if a foreign worker wants to use a representative to obtain advice and to assist in completing the application. Using a representative is a personal choice and there is usually a fee for this service.

All questions should be answered carefully, completely and truthfully.

Step 4: Advise the foreign worker to submit the application to the correct visa office
The foreign worker must submit the application to the visa office that serves their country of nationality or the country where they have been legally admitted for at least one year. Please note that applicants who are already working in Canada temporarily should submit their application to the visa office in Buffalo, U.S. A list of countries and corresponding visa offices is available under Related Resources: Human Resources at the end of this section (see Provincial Nominee Program – Citizenship and Immigration Canada).

Step 5: Advise the foreign worker to carefully follow the instructions to submit their application to the visa office
The foreign worker should print the forms and instructions required for the applicable visa office. The instructions include information on medical examinations and the criminal and security checks that they and their dependants will have to undergo.

Step 6: Ensure that the foreign worker is aware that he will have to pay a fee for the application to be processed
As an employer, you should advise the foreign worker to visit the Provincial Nominee Program – Citizenship and Immigration Canada website to determine which fees will have to be paid (see Related Resources: Human Resources at the end of this section).

There is a processing fee for foreign workers and their dependants that must be paid when the application is submitted. This fee is not refundable, even if the application is not approved.

Foreign workers are advised to wait until their application is processed before paying the Right of Permanent Residence fee for themselves and their accompanying spouse or common-law partner, if applicable. The fee must be paid before Citizenship and Immigration Canada issues a permanent resident visa. This fee is refundable if the foreign worker cancels the application, if the application is not approved, or if they do not use their visa.

Fees will also need to be paid to third parties for a medical examination, a police certificate if one is required as part of the criminal and security check, and language testing, as required. Medical examinations have to be carried out at prespecified locations. The list of doctors by country, territory or region who have been designated by Citizenship and Immigration Canada and who are authorized to perform medical examinations is included in the Application for Permanent Residence: Guide for Provincial Nominees.

Information on how to pay the processing fee and the Right of Permanent Residence fee is included in the instructions for the visa office where the application is submitted.

Step 7: Advise the foreign worker to check their application before submission
As an employer, it is important that you remind the foreign worker to make sure the application is completed correctly, and that all the necessary supporting documents are included. There is a checklist in the Application for Permanent Residence: Guide for Provincial Nominees that is helpful.

The visa office cannot process an application if the supporting documents or processing fees are missing, or if the forms are not completed and signed. This will delay the application. Finally, remind the foreign worker to submit the application and fees to the appropriate Canadian visa office.

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3.5 Incentives and legal considerations in hiring internationally trained workers

You may be able to get financial support to hire an internationally trained worker. Both the federal and provincial governments recognize that the effective integration of internationally trained workers into the Canadian labour force is good for the Canadian economy. They offer programs to promote the hiring and integration of internationally trained workers. Section 3.6 provides information on some of these programs.

In Canada, federal and provincial laws protect employers and workers. Laws set minimum wage levels, health and safety standards and hours of work. Human rights laws protect employees from unfair treatment based on their sex, age, race, religion or disability. All these laws apply to internationally trained workers. As well, there may be provincial laws that provide additional protection to foreign workers.

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3.6 Related resources

General

• Canadian Labour and Business Centre (CLBC) (Pan‑Canadian)
• Hire Immigrants (Pan‑Canadian)
• Immigration Programs – Foreign Credentials Referral Office – Citizenship and Immigration Canada (Pan‑Canadian)
• Going to Canada Portal – Citizenship and Immigration Canada (Pan‑Canadian)
• Petroleum Human Resources Council of Canada (Pan‑Canadian)
• Working in Canada Tool – Human Resources and Skills Development Canada (Pan‑Canadian)
• Immigration and Industry – Alberta Ministry of Employment (Alberta)
• British Columbia Internationally Trained Professionals Network (British Columbia)
• Employment Access Strategy for Immigrants – Looking Ahead Initiative (British Columbia with pan-Canadian applicability)
• Manitoba Labour and Immigration/Immigration and Multiculturalism (Manitoba)
• Manitoba WorkinfoNet (Manitoba)
• Ontario Ministry of Citizenship and Immigration (Ontario)
• Skills for Change (Engineers, Engineering Technicians, Technologists and Information Technology Professionals) (Ontario – Greater Toronto Area)
• Skills Without Borders (Brampton Board of Trade) (Ontario – Brampton)
• Immigration et Communautés culturelles Québec (Quebec)

Human resources

Government of Canada

• Application for Permanent Residence: Guide for Provincial Nominees – Citizenship and Immigration Canada (Pan‑Canadian)
• Canadian Experience Class – Citizenship and Immigration Canada (Pan‑Canadian)
• Essential Skills – Human Resources and Skills Development Canada (Pan‑Canadian)
• Federal Skilled Worker Program – Citizenship and Immigration Canada (Pan‑Canadian)
• Foreign Workers – Human Resources and Skills Development Canada (Pan‑Canadian)
• Job Bank – Service Canada (Pan‑Canadian)
• Labour Market Opinion Basics – Citizenship and Immigration Canada (Pan‑Canadian)
• Immigrant-Serving Organizations – Citizenship and Immigration Canada (Pan‑Canadian)
• National Occupational Classification – Human Resources and Skills Development Canada (Pan‑Canadian)
• Off-Campus Work Permit Program – Citizenship and Immigration Canada (Pan‑Canadian)
• Post-Graduation Work Permit Program – Citizenship and Immigration Canada (Pan‑Canadian)
• Provincial Nominee Program – Citizenship and Immigration Canada (Pan‑Canadian)
• Temporary Foreign Worker Program – Citizenship and Immigration Canada (Pan‑Canadian)
• Test of Workplace Essential Skills – Human Resources and Skills Development Canada (Pan‑Canadian)
• Visa Offices – Citizenship and Immigration Canada (Pan‑Canadian)
• Work Permit Exemptions – Citizenship and Immigration Canada (Pan‑Canadian)
• Working Temporarily in Canada – Citizenship and Immigration Canada

Provincial

• Central Alberta – Welcoming Communities Employer Guide (Alberta)
• Certificat de sélection du Québec – Immigration et Communautés culturelles Québec (Quebec)

Non-governmental

• Canadian Manufacturers and Exporters (Pan‑Canadian)
• Human Resources Management Canada (Pan‑Canadian)
• Information and Communications Technology Council (Pan‑Canadian)
• Internationally Trained Workers Partnership (Ontario – Ottawa)
• Society of Internationally Trained Engineers of British Columbia (British Columbia)
• Society of Punjabi Engineers and Technologists of British Columbia (British Columbia)

Legal considerations

• Workers Rights and Minimum Wage Rates – Going to Canada – Citizenship and Immigration (Pan‑Canadian)

 

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