Hiring a Non-Canadian without Permanent Residency Status

Citizenship and Immigration Canada requires the following procedures when hiring a candidate who is a non-Canadian without permanent residency status. Links are provided to either “Human Resources and Skills Development Canada” or “Citizenship and Immigration Canada” for further information and required forms.

Employing Students:

• Students with a valid study permit may work on the campus where they are studying without a working permit
               Studying in Canada: Work permits for students – working on campus

• Students graduating from a recognized post-secondary institution may apply under the Post Graduation Work Permit Program to work in Canada for up to the length of their studies and not to exceed 3 years
               Studying in Canada: Work Permits for students – Working after graduation

Academic Positions:

• When hiring academic positions, in order to extend an offer to a Foreign Academic the University must apply under the Temporary Foreign Worker Program and must seek a “Labour Market Impact Assessment” and complete the “Foreign Academic Recruitment Summary”. Vacant positions must be advertised in Canada and Canadians and permanent residents will be given priority for hiring. If the University extends an offer of employment to a foreign worker, the successful candidate will need to apply to Citizenship and Immigration Canada for a work permit to work and reside temporarily in Canada. 
                   Hiring Foreign Academics in Canada

• Exemptions: Some academic positions are exempt from Labour Market Impact Assessments but the successful candidate will require a work permit. And some academic positions are exempt from work permits and Labour Market Impact Assessments. This includes Professors and academic experts coming to Canada to evaluate or supervise academic projects, research proposals or university theses
                  Examiners and Evaluators

Canada Research Chairs (CRC) Program also exempts the University from requiring a “Labour Market Impact Assessments” and the CRC recipients may apply for a work permit directly at a Citizenship and Immigration visa office. They will require an Offer of Employment Number, which is obtained through the CIC Employer Portal (please contact Alison Sampson in Human Resources). 

Non-Academic Positions:
• When hiring non-academic positions, in order to extend an offer to a Non-Canadian without permanent residency the University must apply under the Temporary Foreign Worker Program and must seek a “Labour Market Impact Assessment”. Vacant positions must be advertised in Canada and Canadians and permanent residents will be given priority for hiring. If the University extends an offer of employment to a foreign worker, the successful candidate will need to apply to Citizenship and Immigration Canada for a work permit to work and reside temporarily in Canada. 
                 Steps to Hire Temporary Foreign Workers

If the University wishes to extend the contract, the employee must apply for an extension to their work permit, while their current work permit is still valid. Also if the “Labour Market Impact Assessment” has expired the University maybe required to obtain another “Labour Market Impact Assessment” 
                Working Temporarily in Canada: Extending your stay

A Temporary Foreign Worker or a foreign student who graduated in Canada may make application for permanent residency in Canada either under the Canadian Experience Class or the Nova Scotia Nominee Program.

Spouses of employees with temporary work permits: Your Spouse Working in Canada

For More Information: Employer’s Guide to Hiring International Workers
And for employees, Citizenship and Immigration Canada Call Center Services

Note: Offer letters to all new employees who have not previously worked at the university or temporary workers making application for work permits, including extensions of contracts, must state
“This Letter of Appointment/Letter of Offer is subject to you obtaining and maintaining any and all necessary Government of Canada documentation permitting your employment by the University. Proof of such documentation must be in place and provided to the University AT LEAST ONE WEEK prior to your commencement date of _______. If such documentation is not provided by that date, or is provided but subsequently revoked, this Letter of Appointment/Letter of Offer is null and void.”