Presented by: Frances Hannigan, RCIC HR - WatPort Foreign Worker: Application for Labour Market Opinion November 29, 2012

Who needs a Work Permit? Most foreign workers require a valid work permit before they can be legally paid for their employment Most common cases are regular full-time faculty who do not hold a Canadian passport However, any worker that do not hold a Canadian passport requires a work permit; this includes PDFs, Research/Teaching Assistants, Research Professors, Lab Assistants/Technicians Work permits cannot be issued for part-time work regardless of occupation

Human Resources and Skills Development Canada Is part of Service Canada, therefore does not answer to Citizenship & Immigration Canada Main purpose of the LMO is to keep track of and advise the Federal & Provincial governments of the labour movements and shortages in Canada Citizenship & Immigration Canada Is the Federal body that regulates foreign nationals’ movements in and out of Canada Is the only authority that can provide legal “permission” to any foreign national to work in Canada HRSDC vs. CIC

Immigration and Refugee Protection Regulations 203(1) requires that all work permit applications must be accompanied by a neutral or positive opinion (the Labour Market Opinion – LMO) from HRSDC HRSDC does not answer to CIC, their main duty is to regulate the labour market in Canada – and specifically the area where the LMO application is being made What does this mean to you when hiring a foreign national? The LMO is not always a guarantee! HRSDC & CIC

Hiring a Foreign Faculty Once the signed Letter of Appointment is received from a foreign new faculty, what happens next: Application for a Labour Market Opinion must be made and an LMO Confirmation must be obtained The foreign new faculty must obtain a work permit with an LMO Confirmation All LMO’s are valid for 6 months Upon re-appointment of the foreign faculty, a new Labour Market Opinion must be obtained in order for the faculty member to renew his/her work permit (unless s/he has since received their PR status/card)

Most foreign workers require a work permit but in some cases, no LMO Confirmation is needed: Guest Lecturer Visiting Professors Post Doctoral Fellows Research Award Recipients International Agreements such as NAFTA, CCFTA and GATS Who doesn’t need an LMO Confirmation

Guest Lecturer: Delivers a series of lectures or talks Holds a position for a period of less than one academic term or semester No requirement to be a professor Does not have to hold a PhD Mainly used for someone staying for longer than 5 days to present but less than an academic term (academic term is to be defined by the University & must be within reason) HRSDC LMO exempt (C22)

Visiting Professor Works for a period of not more than two academic years Retains their position abroad and MUST be returning to his/her position abroad (proof must be provided in form of a letter of intent to return) Must meet the requirements of the NOC description for a Professor (NOC 4011) HRSDC LMO exempt (C22) Who doesn’t need an LMO Confirmation

Post Doctoral Fellows Candidate has completed a Ph.D. or equivalent (CIC will accept the University’s word that the candidate has equivalent qualifications for a PhD) Works in a field related to that in which they earned their Ph.D. Appointed to a time-limited position granting a stipend or salary HRSDC LMO exempt (C44) Who doesn’t need an LMO Confirmation

Research Award Recipient Applies only to persons who are the direct recipients of an academic research award paid by a: Canadian source, or foreign source Researchers working for other award recipients are not covered under this provision – i.e. Research Assistants, Graduate Students HRSDC LMO exempt (C44) Who doesn’t need an LMO Confirmation

International Agreements North American Free Trade Agreement (NAFTA): applies to citizens of USA and Mexico only – HRSDC LMO exempt (T23) Canada Chile Free Trade Agreement (CCFTA): applies to citizens of Chile only – HRSDC LMO exempt (T23) General Agreement on Trade & Services (GATS): applies to citizens of the WTO Member Nation (or PR of Australia or New Zealand) – only applies to specific occupations – HRSDC LMO exempt (T33) Who doesn’t need an LMO Confirmation

In some instances it may be “easier” and “faster” for a US faculty member OR definite term Research Assistant/Associate to apply under NAFTA. This can be done directly at the port of entry as they are entering Canada. Proof required: PhD Degree (or certified copy) Current CV (preferably the one used to apply for uWaterloo position) Letter of Offer from uWaterloo Valid US passport (proof of citizenship) A template letter to facilitate this can be requested from WatPort. NAFTA

NAFTA can be used at any time for a work permit for a US citizen in certain professional occupations. Instances of possible use: Re-appointment, Contract extension of definite term appt., Work permit expiring within days, Insufficient time to apply for an LMO, LMO denied Only requirement is that it must be applied for at the port of entry upon entering Canada or at a Canadian Consulate in the US. NAFTA

RA/TA / Lab Techs / Visiting Scholars / Staff If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO Confirmation IS required before a Work Permit will be issued Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain Contact me right away to find out what needs to be done Hiring Foreign non-Faculty

Many times visitors are invited to “visit” but terms of their visit change after their arrival. These changes to the terms of their visit can affect their immigration status. Contact me right away to find out what needs to be done. To help determine before a visitor is invited to visit, what is required for their immigration: Non-Faculty/Non-PDF Checklist Letter of Invitation – Generic (Non-Fac/Non-PDF) Visitors

The Labour Market Opinion HRSDC forms: What are they: Recruitment Summary Form & the Foreign Worker Application – Application for Labour Market Opinion Where to find them: Employer.html Employer.html How to complete them: To Whom do they go to:

How to complete the LMO Application Forms Download the form from the WatPort site – this is necessary as there are some completed fields already that change on an annual basis with up-to-date information Changes to Box 65 re: Union status Follow the instructions on the step-by-step guide In most instances, all forms must be sent over to the VP – Academic for signing/approval (for faculty positions only) Once completed, follow the instructions on the first web- page (General Information) to send it to Saint John, NB for faculty positions and for all others, contact me to submit through the ALMO process If you receive a denial of the LMO, call me!

LMO Confirmation Normal turn-around time for faculty positions: 48 hours Normal turn-around time for all non-faculty appts: 6 to 10 weeks Normal turn-around time for ALMO appls: < 10 days If you are called by HRSDC, they are simply looking to clarify a point Make sure to keep a copy of the LMO Confirmation in the employee’s file in either the Dean’s or Chair’s office The original fax must be given to the new employee for them to include with their work permit application

The Work Permit Once the LMO Confirmation is received by your new employee, they must do the following: Download a work permit application form: Employee.html Employee.html Follow the instructions given on the WatPort site: The actual work permit is not issued to the new employee until they enter Canada at any port of entry – they will only receive a Letter of Confirmation of Work Permit, which they must present at the port of entry along with supporting documents

What Happens Next Once your foreign new faculty arrive on campus: Be sure to ask for a copy of their work permit to add to their employee file (this will help you to remember to apply for a new LMO when it comes time for the re-appointment) Point them to the WatPort site or refer them directly to me for any questions related to relocation or their immigration Call me or refer me to the foreign new employee if they have any questions about spousal/partner work permits or are looking to apply for PR

Extension of LMO When it’s time for the foreign employee to be re-appointed: Make sure that the faculty member has not already received PR – applying and having an application in the process does not negate the fact that they still need a work permit to be legally paid for their work! Once the re-appointment letter has been signed, Application for a Labour Market Opinion must be completed and faxed to Saint John, NB for faculty positions and Downsview, ON for all others The form can be downloaded from the WatPort site: If an LMO was needed the first time to get the work permit, a new LMO will be needed for the re-appointment!

WatPort Recruitment Meet during interview day CD & Website of Resettlement Info before signing letter of offer Immigration Assistance To provide as much information to the candidate to allow them to make the best & most informed choice on whether to work at uWaterloo Support Welcoming Events in Jan., June, & Sept. Info Sessions on Academic Support Units Lunch & Learns through CTE & WatPort Immigration Assistance To provide a first-point of contact for both the new faculty & their family during their resettlement phase to Waterloo Retention Assistance with permanent residency applications Advice & guidence with re- appointments of foreign faculty Career and/or job-search assist for spouses/partners of new faculty To provide "as-needed" assistance to new faculty & their family as they make Waterloo their home

How to reach me…. On campus: GSC 138 By phone: ext By fax: By mobile: By On the web: Thank you!