Navigating the Foreign Worker Process

Transcription

1 Alberta Pork AGM November, 01 Navigating the Foreign Worker Process Martine Varekamp-Bos Regulated Canadian Immigration Consultant

2 Agenda Hiring Foreign Workers the process s & exemptions Compliance NEW! Work permits Permanent Residency options Express Entry Key messages Disclaimer: Information provided is a general overview of the various government programs. Not all program requirements and exceptions are covered.

3 Hiring Foreign Workers the process 1 Recruitment & Selection Some exemptions Permanent Residency

4

5 Recruitment & Selection Permanent Residency Make a and understand implications 1. What kind of farm/business are you operating? Commodities list / mixed farm Single / multiple locations. What are you looking for? Seasonal / temporary / permanent worker Clear job description to identify NOC code (skill level/wage level). Be mindful of future compliance requirements Start maintaining files and retaining documents

6 Know your NOC!

7

8 Recruitment & Selection Permanent Residency Consider different recruitment methods Recruiters, recruitment trips, advertising, networking etc Recommendations from other staff or other employers Focus on source country/countries - vocabulary Evaluate time lines they can vary greatly Consider occupational regulations: trades, professionals Manage expectations, start orientation before arrival

9 Recruitment & Selection Permanent Residency A Positive Labour Market Impact Assessment (): Permission granted to an employer to hire a foreign worker Paper/online application assessed by Service Canada/ESDC + telephone interview Demonstrate a labour shortage/job creation/transfer of skill Is the employment need genuine? Recruitment efforts to hire a Canadian/permanent resident Wages & employment conditions High v. low wage application AB $/hr Transition plan (high wage) & 10% cap and other restrictions (low wage)

10 Recruitment & Selection Permanent Residency Agricultural streams 1. Seasonal Agricultural Program (SAWP). Agricultural Stream National Commodities List. Stream for Low-Wage positions Wage below $/hr (AB). Stream for High Wage positions Wage above $/hr (AB)

11 Recruitment & Selection Permanent Residency On Farm Primary Agriculture variations weeks instead of weeks of advertising Housing inspection ag stream Employment contract: Rent (max $0/week for ag stream) / WCB /Return Airfare Exempt: $1000 Processing fee Exempt: 10% cap on low wage TFWs Exempt: 1 year duration

12 Recruitment & Selection Permanent Residency Recruitment considerations Genuine attempts to hire a Canadian/permanent resident first Consider underrepresented groups in the labour market Minimal advertising requirements: Sources: Jobbank + others (of which one is national in scope) Ads must be posted for at least weeks (primary ag weeks) Ads must include: company name, address, duties, terms, wage, benefits, location of work, contact information, skill requirement Meeting only the minimal advertising requirements is a recipe for failure

13 Recruitment & Selection Permanent Residency Methods: Employer compliance 1. Employer Compliance Review part of the app. Will pause processing. Inspection can occur after an is issued and TFW is working. Review under Ministerial instructions can occur at any time, is issued following new information Provide accurate information in application & Retain documents for 6 years Pay wages and provide conditions that are substantially the same (STS) Provide occupation as set out in job offer that is exactly the same Cooperation with inspection & Comply with employment laws Provide reasonable efforts to provide a workplace free of abuse

14 Recruitment & Selection Permanent Residency Consequences of non compliance year ban (+ black listed ) negative revoked administrative monetary penalties + ban effective Dec 1, 01

15 Recruitment & Selection Permanent Residency Compliance administrative monetary penalties (AMPs) Monetary penalty to be based on: Type of violation Size of business Prior noncompliance history Severity of violation Justification of errors made in good faith/reasonable efforts to comply voluntarily disclosing noncompliance prior to investigation may reduces AMP(?) Great discretionary powers to officer AMPs can range from $00-100,000 per violation + program bans

16 Summary of types of violations Type A violations Unable to demonstrate information was accurate (6 year period) Did not retain related documents (6 year period) Did not respond to investigative requests Type B violations Did not comply with employment laws Did not provide employment that was the same, wages/conditions that were STS Did not make reasonable efforts to hire/train a Canadian Type C violations Not actively engaged in the business related to the job offer Did not make reasonable efforts to provide workplace free of abuse

17 Recruitment & Selection Permanent Residency Scoring of violations

18

19 Recruitment & Selection Permanent Residency How to ensure compliance Self audit and maintain a file for each TFW that includes: Work permit and passport and employment contract Job description Time sheets and payroll calculations Signed Immigration policy Signed conduct policy (abuse free work place)

20 Recruitment & Selection Permanent Residency exempt - International Mobility Program (IMP) International Free trade agreements (NAFTA, GATS etc) Professionals & Intra-company transferees (exec/manager/spec. knowledge) Significant benefit to Canada Economic/Cultural/Social benefit Emergency repair Youth mobility programs (International Experience Canada) May still be subject to compliance investigation! **Implications of exempt on PR applications**

21 Recruitment & Selection Permanent Residency Temporary work permit: Permission granted to a foreign national to work in Canada Applications assessed by Citizenship & Immigration Canada: Admissibility & Job requirements (& intention to leave Canada) Occupation, employer, location of work specified Processing times can vary greatly per visa post Port of entry application for visa exempt nationals Extensions and implied status Most permits issued for years / must leave after years Fees for IMP: employer compliance or open work permit

22 Recruitment & Selection Permanent Residency Permanent Residency Programs 1. Alberta Immigrant Nominee Program paused until Jan Possible changes to program requirements Express Entry. Federal Skilled Worker - 1 yr skilled exp + 67/100 points: ed., work exp, language, age, adaptability, arranged employment. Federal Skilled Trades - yr work exp. in trade + language (CLB & ) + job offer or trade cert.. Canadian Experience Class - 1 yr skilled CDN work exp + language (CLB )

23 Express Entry How does it work? 1. Fill out your profile If you qualify for FSW/FST/CEC profile is entered into the Express Entry Pool Profile will generate a score out of 100 point 600 points (max) for age, ed, language, Cdn work experience, skill transferability 600 points for supported job offer. Highest ranking profiles will receive an Invitation to Apply Frequency of ITA rounds and clearing score varies 60 days to Apply for permanent residence online Program promise: 6 month processing time (once application is submitted) Current clearing score around 0 points, expected to drop (later) in 016

24 The Perfect Express Entry Candidate Between 0-9 years old Doctorate degree Outstanding language skills years of Canadian work experience An supported job offer

25 Recruitment & Selection Some exemptions Permanent Residency

26 Key Messages 1. Many moving parts that need to be managed. Complete the right application(s) and pay the correct fees. Consistency across applications (Job description & conditions). Know what you are signing! Be aware of possible criminal, economic, reputation & disruption consequences. Good record keeping. Maintain up to date files 6. Manage expectations of foreign worker 7. Keep up to date with immigration regulatory changes

27 Thank you