University of Prince Edward Island Hiring of Academic Foreign Nationals General Guidelines

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1 Introduction Canada's policy on the hiring of academic foreign workers allows employers to recruit workers required for the Canadian labour market. At the same time, it ensures that employers have considered Canadian citizens and permanent residents, and that the entry of foreign workers will not adversely affect employment or career opportunities for Canadian citizens or permanent residents. The University of Prince Edward Island provides this information to assist departments understand, and follow the processes required when hiring an academic foreign national to work in Canada on either a temporary or a permanent basis. The category of temporary foreign worker includes such positions as guest lecturers, post doctoral fellows, and term appointments. Advertising for Academic Positions All UPEI job postings include the following statement, AIn accordance with Canadian immigration requirements, all qualified candidates are encouraged to apply; however, Canadian citizens and permanent residents will be given priority. UPEI is committed to the principle of equity in employment@. In order to ensure that the immigration guidelines are met, the following points must be taken into consideration when advertising positions: $ may be posted in Canada and abroad simultaneously $ must be posted for a reasonable amount of time, minimum of two weeks $ there must be broad exposure of the position to Canadian citizens, and permanent residents who would be potential candidates for the position $ is required to meet all conditions of the applicable collective agreements, i.e. the Faculty Association bargaining units #1 and #2 $ Human Resources and Social Development Canada (HRSDC) does not specify the medium to be used for advertising, however the University must be able to demonstrate that the medium (web, print, electronic) chosen is appropriate for the specific discipline $ a vacancy may be advertised in the CAUT Bulletin, University Affairs and in appropriate Canadian and international newspapers and journals $ the advertisement date and the selection date must be within a 12 month period, otherwise HRSDC may insist that the position be advertised again $ advertisements should be as specific as possible with regard to qualifications, including the field of study $ necessary experience, necessary achievement (e.g. "demonstrated excellence in research"), and any required professional license should be specified in order to establish the qualifications for the position Page 1 of 5

2 Candidate Selection The Dean in conjunction with the appropriate Chair or Director is responsible for meeting the criteria as established by the Government of Canada. Canadian citizens and permanent residents who are found to be qualified must be offered the position before it is offered to a foreign candidate. Upon the completion of the selection process, if most qualified applicant is a foreign national, the Chair of the Search Committee, through the Department Chair, must be prepared to provide a written statement to the Dean describing the search process. This statement should indicate: $ how the position was advertised $ how many Canadian citizens or permanent residents applied for the position $ the number of short-listed candidates, and why the top three Canadian, or legal permanent residents, were not considered suitable for the position Offering a Position to a Foreign National Foreign workers must not begin work without a work permit; the University cannot make payment for services rendered until a work permit is obtained. A person not legally entitled to work in Canada may be deported and the University fined. Before a foreign national can apply for a work permit, the University must have made him or her a formal job offer. The offer must contain the following information: $ job title $ description of the job listing, duties and responsibilities $ list of education, skills, and experience to do the job $ list of licenses and professional credentials required $ details of when the job will start, and end in the case of a temporary position $ details of the salary, including wages and other forms of payment, e.g room and board, commission, etc. $ name and address of employer, including the name and phone number of a contact at the work place $ address of the location where the foreign national will actually be working Any job offer to a foreign candidate must include a statement indicating that the appointment is conditional upon the incumbent meeting immigration requirements to work in Canada. Process to Seek Authorization for a Foreign National to Work in Canada The process of securing authorization to employ non-canadians is legalistic, and can take a considerable amount of time. In order for a foreign national to begin his/her appointment with the University, it is necessary that certain steps be followed under the Foreign Worker Program. Page 2 of 5

3 The Foreign Worker Program deals with foreign nationals who are coming to Canada to work on either a temporary or permanent basis. The Foreign Worker Program requires the participation of: $ Service Canada (the service delivery arm of HRSDC) $ Citizenship and Immigration Canada (CIC), $ Canada Border Services Agency (CBSA). Service Canada: The role of Service Canada is to approve the hiring of a foreign national. If the candidate selected for the position is from a country not covered by an International Free Trade Agreement with Canada, the hiring department is required to complete a Labour Market Opinion Survey plus a Foreign Academic Recruitment Summary. The web address to download the forms is: In applying for an LMO, the employer is required to demonstrate: $ efforts were made to recruit and or train willing and available Canadians or permanent residents; $ that the wages being offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region; $ that the working conditions for the occupation meet the current provincial labour market standards; and $ any potential benefits that the hiring of the foreign worker may have on the Canadian labour market (e.g., creation of new jobs, transfer of skills and knowledge, etc.). The completed forms, along with the required documentation are forwarded to the Employment Officer, UPEI Human Resources, who in turn submits them to the appropriate Service Canada office. The exception to this process is the Atlantic Veterinary College; the Human Resource Officer at AVC, in consultation with the Department Chair, completes the LMO and Foreign Academic Recruitment Summary, and submits the documents to the appropriate Service Canada office. If the LMO is approved, HRSDC issues a Letter of Confirmation to the University. In turn the University must forward a copy of the Letter of Confirmation to the foreign national, who then is able to apply for a work permit from Citizenship and Immigration Canada. Citizenship and Immigration Canada: CIC and its visa offices at Canadian embassies, high commissions and consulates outside Canada, process applications for work permits to determine who may be eligible to work in Canada. Page 3 of 5

4 Canada Border Services Agency: Border Services Officers screen foreign workers at Canadian border crossings and airports to ensure that they meet admissibility requirements before issuing work permits, and allowing their entry into Canada. Upon arrival in Canada, the foreign workers shows the work permit documentation, issued by CIC, to the Border Service Officer and request the actual paper copy of the work permit. Foreign workers may be refused a work permit and entry into Canada by a Border Services Officer (regardless of whether employment confirmation has been obtained) if they are found inadmissible for a number of reasons, including criminal, security or medical grounds. Academic Exceptions Under the Immigration & Refugee Protection Act (IRPA), some foreign academics are exempt from some or all of the hiring steps. Categories requiring neither a Labour Market Opinion Survey nor a CIC work permit: $ academic consultants and examiners $ graduate assistants $ self-funded researchers $ Categories requiring a CIC work permit but not a Labour Market Opinion Survey: $ post-doctoral fellows $ research awards recipients $ guest lecturers $ visiting professors (in some cases not even a work permit is required) Canada Research Chairs The intent of the CRC Program is to give Canada a competitive edge in attracting such academics, and for this reason universities hiring Foreign Workers for Canada Research Chair positions do not need to complete an HRSDC Labour Market Opinion. A CRC may apply for a CIC work permit at a CIC visa office or at the point of entry into Canada. North American Free Trade Agreement (NAFTA) Academic foreign nationals coming to work in Canada on a temporary basis, for example, a locum, from either the United States or Mexico are covered under the North American Free Trade Agreement. A citizen of either the USA or Mexico, who meets the necessary criteria, does not require a Letter of Confirmation from HRSDC prior to applying to CIC for a Work Permit. Page 4 of 5

5 Under NAFTA, the foreign worker may apply for the Work Permit at his/her point of entry into Canada, as long as the following documentation is provided to the Border Services Officer: $ proof of citizenship. $ evidence of an offer of employment from the University detailing various details of the position $ title $ duties $ duration of employment (start and end date) $ arrangements for payment $ educational requirements $ evidence that he has at least the minimum educational requirements, e.g., copy of degree $ may be required to show proof of good health $ may be required to show proof that he has no criminal record. Page 5 of 5