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3. Foreign Workers

Supporting Immigration of Skilled Workers

Every year, Canadian employers hire thousands of foreign workers to help address skill and labour shortages. Human Resources and Skills Development Canada/Service Canada and Citizenship and Immigration Canada help ensure that foreign workers support economic growth in Canada. This information sheet is part of a series that provides information on hiring foreign workers and explores the role of Human Resources and Skills Development Canada/Service Canada and Citizenship and Immigration Canada in managing the Temporary Foreign Worker Program. Procedures and responsibilities may vary among provinces/territories. It is important to check with representatives of the Temporary Foreign Worker Program at the nearest Service Canada Centre.

How can employers hire skilled foreign workers and support their immigration?

Employers who wish to hire foreign skilled workers and support their immigration to Canada have two options:

• First option – The employer follows the process to hire a temporary foreign worker by submitting a Labour Market Opinion application to Service Canada and the foreign national applies to Citizenship and Immigration Canada for a temporary work permit. If a work permit is issued, the skilled worker then comes to Canada  to work temporarily.

  The worker can then apply for permanent residency from Citizenship and Immigration Canada. An employer’s offer of permanent employment (also called arranged employment) is one of several factors that can support the skilled worker’s permanent immigration application. Arranged employment contributes 15 points to the total points (at least 67) required to qualify for permanent residency under the federal skilled category. While the application is being processed, the skilled foreign worker can continue to work in Canada under the terms of the temporary work permit.

• Second option – The skilled foreign worker remains outside of Canada until the permanent residency visa is obtained from Citizenship and Immigration Canada. The employer makes a permanent job offer (also called arranged employment) and the worker applies for a permanent residency visa under the federal skilled category. The employer must request an Arranged Employment Opinion from Service Canada. A positive Opinion contributes 15 points toward the skilled worker’s permanent residency application. The skilled worker remains in his/her country of residence until permanent immigration is granted.

Under the Canada-Quebec Accord, permanent immigration to the province of Quebec falls under the jurisdiction of the Ministère de l'Immigration et des Communautés culturelles and Citizenship and Immigration Canada for the other provinces and territories. Learn about hiring skilled workers for permanent jobs and supporting their immigration to Quebec by visiting Immigrate and settle in Québec.

What is the role of Human Resources and Skills Development Canada/Service Canada?

At the request of an employer, Service Canada provides a Labour Market Opinion or an Arranged Employment Opinion. An Arranged Employment Opinion assesses whether an employer’s job offer is genuine and for full-time work, and if the wages and working conditions offered are comparable to those offered to Canadians working in the occupation.

What is the role of Citizenship and Immigration Canada?

In the case of skilled foreign workers interested in immigrating to Canada, Citizenship and Immigration Canada is responsible for assessing permanent residency applications. They decide whether the applicants meet the requirements of the Skilled Worker Class, including awarding points for the arranged employment factor.

What is the role of the Canada Border Services Agency?

Border Services officers screen foreign workers at Canadian border crossings and airports to ensure that they meet admissibility requirements before issuing the appropriate documents (e.g., visas, work permits) and allowing the workers to enter Canada. A Border Services officer has the final say on who may enter the country.

Human Resources and Skills Development Canada/Service Canada works with employers who want to hire foreign workers. Citizenship and Immigration Canada and the Canada Border Services Agency work with foreign workers who want to work in Canada.

What must employers do?

Employers interested in supporting the immigration of skilled workers must request Labour Market Opinions from Service Canada if foreign workers want to be employed in Canada while they wait for their permanent residency. If foreign workers want to remain in their country of residence, employers must request an Arranged Employment Opinion. In order to receive a positive opinion, employers must meet all the requirements of the Labour Market Opinion or Arranged Employment Opinion.

What must foreign workers do?

After the foreign worker receives a copy of a positive opinion from the employer, he or she applies to Citizenship and Immigration Canada for either a permit to work temporarily in Canada or for a permanent residency visa in Canada.

Application Process for an Arranged Employment Opinion

Step 1: The employer submits an application for an Arranged Employment Opinion for skilled workers to Service Canada along with other documents such as the following:

• the letter offering permanent employment to the foreign worker;
• evidence that the business has been operating for at least one year; and
• copies of remittance forms submitted to the Canada Revenue Agency that demonstrate the company has employed at least one full-time employee (or the equivalent, e.g., several part-time employees), during the past 12 months.

Step 2: Service Canada assesses the application against above criteria.

Step 3: Service Canada sends the results of the assessment to the employer, who communicates results to the foreign worker.

Step 4: In the case of a positive opinion, the employer sends a copy of the confirmation letter to the foreign worker.

Step 5: The worker applies to Citizenship and Immigration Canada for a permanent residency visa.

For more information on the Government of Canada’s Temporary Foreign Worker Program and how to hire foreign workers, visit the Temporary Foreign Worker Program or Citizenship and Immigration Canada at Working temporarily in Canada.

Temporary Foreign Worker Program Home Page

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Date Modified:

2009-02-20