>> Monday, September 8, 2008
This section is for Hiring Temporary Foreign Workers (Filipino) for Canada. In the majority of cases, there are 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 permanent residence.
Employers and foreign workers must ensure that they provide accurate and complete information or the application process may be delayed.
APPLY FOR A LABOR MARKET OPINION (LMO)
Service Canada provides an LMO to the employer and Citizenship and Immigration Canada (CIC). The LMO is an assessment of the likely impact that the hiring of the foreign worker may have on the Canadian Labour market.
1. Submit a Human Resources and Social Development Canada (HRSDC) Foreign Worker Application for a Labor Market Opinion (LMO) to the Service Canada Centre responsible in the area.
Before confirming a job offer, HRSDC considers whether:
- The job offer is genuine;
- The wages and working conditions are comparable to those offered to Canadians working in the occupation;
- Employers conducted reasonable efforts to hire or train Canadians for the job;
- The foreign worker is filling a labour shortage;
- The employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
- The foreign worker will transfer new skills and knowledge to Canadians; and
- The hiring of the foreign worker will not affect a labour disputes or the employment of any Canadian worker involved in such a dispute.
If the LMO is Positive
Service Canada will issue an employment confirmation and you will receive a response in writing which you should forward to the foreign worker along with a copy of a signed job offer and employment contract (if applicable).
The foreign worker can then proceed to apply for a work permit either at a visa office abroad a port of entry, or from within Canada if legally permitted to do so.
Note that a positive LMO does not guarantee that a work permit will be issued to the foreign worker. Visa and Border Services officers can refuse work permit applications and entry to Canada if they determine that the foreign worker does not meet the qualifications required by the LMO or is otherwise inadmissible to Canada.
If the LMO is Negative
Service Canada will inform you in writing of a negative decision. If you disagree with the Service Canada decision, and you have new information that may affect the decision, you may submit this information to the Service Canada Centre indicated on your refusal letter. Your request will then be re-assessed taking into account any new information you have submitted.
WORK PERMIT APPLICATION
In most cases, foreign workers are required to apply for and obtain a permit to work temporarily in Canada.
Once HRSDC approves the job offer, send a copy of the HRSDC LMO confirmation letter to the foreign worker.
Inform the foreign worker to apply for a work permit from Citizenship and Immigration Canada (CIC).
CIC decides whether the foreign worker will get a work permit according to the requirements to work and reside temporarily in Canada.
Information Required for Work Permit Applications
A visa officer has the right to ask for certain information from foreign workers, including:
Proof of identity
- A valid passport or travel document that guarantees re-entry to the country that issued it
- Two photos of the foreign worker and two photos of all accompanying family members
- A copy of the job offer or signed employment contract
- A copy of the positive LMO issued by Service Canada (although a visa officer can access the LMO electronically, it is advised that the foreign worker be provided with a copy)
- Proof of their present immigration status in the country in which they are applying (this applies to foreign workers who are not citizens of the country in which they are applying)
An interview may be required if the visa office needs more information to determine whether the foreign worker is eligible to obtain a work permit.
Generally, a medical examination is not required for employment terms of six months or less. However, a medical examination is required under the following circumstances:
The visa office will issue the foreign workers the necessary medical documents, including a list of local medical practitioners designated by CIC to perform the medical examinations.
Workers will be employed in an occupation in which the protection of public health is essential.
Workers will be employed for a term greater than six months or have resided for six or more consecutive months in a designated country in the year preceding the submission of their application.
Foreign workers are responsible for paying the fee for the examination directly to the medical practitioner.
Foreign workers who are eligible to apply for a work permit at a port of entry and who require a medical certificate must demonstrate that they have passed immigration medical requirements before arriving in Canada. A Border Services officer will not allow foreign workers to enter Canada without confirmation that a valid medical certificate has been issued.
For Employers who wants to hire Filipino workers, there is a difference in processing if you want to hire 5 workers or less with in one year as compared to hiring more than 5 workers.
In both instances, an employer will eventually need the help of an affiliated Recruitment Agency by the Philippine Overseas and Employment Administration.
Steps of Hiring a Filipino worker from the Philippines
- Applicable if the employer will be getting Filipino workers 5 or less within a year
- The employer must be pre-qualified by the Philippine Overseas Labor Office (POLO) Canada and the Philippine Oversea Employment Administration (POEA).
- The employer must first submit t requirements to POLO office
- Forward same documents must also be forwarded to POEA.
- The POEA shall evaluate the documents from the POLO/employer and endorse the request to the Office of Secretary of Labor and Employment for approval.
- Once approved, the authenticated copy of documents will be submitted to the POEA for registration.
- The approval of the request to direct hire by the Secretary of Labor and Employment authorizes the employer to process its directly hired workers but it does not include authority to recruit workers personally or through agents. The employer will be required to work with a POEA licenses recruitment agency.
- Special power of attorney issued by the principal or employer to the licensed Philippine agency (I-jobs);
- Master employment contract which stipulates among others the minimum provisions of employment contracts;
- Manpower request indicating the position and salary of the workers to be hired (LMO will do);
- Valid business license, registration certificate or equivalent document.
Above requirements procedures should be followed otherwise the worker will not be issued an exit clearance and an OEC (Overseas Employment Certificate) by the POEA. Which are documents needed by the worker to leave the country.
The OEC will register them as valid overseas worker and will exempt them from paying airport or travel tax. Additionally, if the employer will be accredited / registered with a licensed recruitment agency the OEC fee will be half (or 50%) of the US$ 100 or peso equivalent.
Ontario POLO Office contact information:
Atty. Frank Luna
POEA Labor Attaché
In either case the two companies I represent, Canadian Immigration Consultancy and International Job Recruitment Agency, Inc. helps employers and employees alike process work applications for Canada.
We have the track record and experience in helping migrant worker either to Immigrate or Work in Canada.
Moreover, we are capable in processing the requirements in Canada(AEO, LMO and PNP applications), as well as application for work permit and work Visa in the Philippines.