How to Hire A Temporary Foreign Worker

Every year, Canadian employers bring over 90,000 foreign workers to Canada to work temporarily to help address skill shortages and workforce needs. The federal departments of Citizenship and Immigration Canada (CIC) and Service Canada ensure that these workers support economic growth in Canada and create more opportunities for all Canadian job seekers.

A Guidebook for Employers on Hiring Foreign Workers can be obtained on the Citizenship and Immigration website.

Summary of Process to hire a Foreign Worker
Generally there are four steps involved in hiring a temporary foreign worker from outside Canada. The steps and process will vary depending on the job offer and the worker’s country of citizenship and last permanent residence.

The four steps generally are:

Step One: The Employer determines if a Labour Market Opinion (LMO) from Service Canada is required

Before a foreign worker may work in Canada, you, as the employer, must find out whether you need a positive labour market opinion from Service Canada for the job offer.  A positive opinion means a decision that hiring the foreign worker will not have a negative effect on the Canadian labour market.

Generally speaking, LMOs are required. However, some types of work are exempt from requiring a LMO due to special pilot programs or international agreements such as the North America Free Trade Agreement (NAFTA ).

For more information, please contact the NS Service Canada office at:
Foreign Worker Unit, Wyse Road, P.O. Box 1350, Dartmouth, NS, B2Y 4B9
Tel: (902) 426-7140 Fax: (902) 426-4096

Step Two: The Employer applies for a LMO from Service Canada (if not required, go to Step Three)

Details of the Foreign Worker Program can be found at hrsdc.gc.ca

In making its decision on whether to award a positive LMO, Service Canada will consider whether a Canadian or permanent resident could fill the job; whether the hiring of a foreign national will help create opportunities or benefit for Canadian job seekers; and whether working conditions and wages offered are in line with what a Canadian would expect. The employer will likely need to provide proof of recruitment efforts.

Step Three: The Employer selects and hires a foreign worker.

It is the employer’s job to recruit, interview and hire a suitable foreign worker which meets the job requirements, and to provide a job offer which meets prevailing wage rates and labour standards.

Step Four: The Worker then applies to CIC for a work permit.  

In most cases, the foreign worker will need a work permit to work legally in Canada.  The work permit is typically specific to the employer who is making the job offer.Detailed application guides and forms can be obtained at cic.gc.ca.

In most situations, the worker must apply for a work permit from outside of Canada at a visa office serving their country of nationality or legal residence. Some workers such as those from the US can apply for the work permit at the port of entry at a Canadian border, providing they have the necessary documentation.

In addition to needing a work permit, workers from certain countries may require a Temporary Resident Visa (TRV).

Workers from certain countries or working in certain occupations (i.e. teaching, health care) may also require a medical before their work permit is granted.

Foreign workers can only work for the employer listed on the work permit, in the location specified in the permit, for the defined time frame. Requests for extensions / renewals must be submitted to the appropriate Government department before the expiration date of the work permit. To leave the original employer and work for another employer in Canada, the foreign worker would need to have a new work permit issued by CIC after the new, prospective employer obtains a positive LMO from Service Canada.

Helping the Worker Apply for a Permanent Resident Visa
If the employer wishes to retain the worker by offering a permanent job offer and the worker wishes to settle permanently in Nova Scotia, the worker can apply for a permanent resident visa (formerly called landed immigrant status).  A faster immigration option may be to apply  through the Nova Scotia Nominee Program. This program enables the Nova Scotia Office of Immigration to recommend or ‘nominate’ to the federal government potential immigrants which meet our labour market needs.