Foreign Worker Requirements – Immigration
Foreign Worker Requirements – Immigration Considerations
Anyone who is not a Canadian citizen or a permanent resident must be authorized to work in Canada (i.e. obtain a work permit, or permanent resident status).
(a) Obtaining Human Resources & Skills Development Canada (HRDSC) Confirmation
Federal immigration regulations require that Canadians and permanent residents be given first opportunity for positions for which they are qualified and available. Prior to offering a position to a foreign worker, the search committee must be prepared to demonstrate that there are no qualified or available Canadians or permanent residents for the position. Typically this is proven through advertising and reviewing the candidate pool.
It is not sufficient to identify a non-Canadian as the ‘best’ candidate. Appointment to a position can only proceed if all Canadian and permanent resident applicants are ‘unqualified’ or ‘unavailable’. Qualifications should be evaluated against the criteria established by the search committee at the beginning of the process.
If a department wishes to recommend the appointment of a foreign worker, the department must complete the Foreign Academic Recruitment Summary form. Human Resources will submit this form and a case to HRSDC to request their approval (confirmation) of the employment offer. Once HRSDC has approved the job offer, Human Resources sends a copy of the HRSDC confirmation letter to the foreign worker. The foreign worker may then apply to Citizenship & Immigration Canada for a work permit, or in some cases, for permanent resident status.
When the foreign worker arrives at the University to commence employment, a copy of their work permit must be presented to Human Resources.
(b) Situations that do not require HRSDC Confirmation
Under some circumstances, confirmation from HRSDC is not required. However, the foreign worker still requires a work permit.
Individuals in the following categories may apply directly to Citizenship and Immigration Canada (CIC) to obtain a work permit.
- Citizens of the USA, Mexico and Chile employed on a temporary basis as allowed by the North American Free Trade Agreement (NAFTA).
- Spousal exemption
- Visiting Professors
- Canada Research Chairs
- Guest Lecturers