Foreign Worker

DO YOU HAVE A Job Offer?

If you have a job offer in Canada your employer must in most cases make a formal job offer to you before you. Citizenship and Immigration Canada (CIC) cannot issue a work permit without seeing this job offer and Human Resources Development Canada’s validation, also needs the information on the offer before they can confirm the job for a foreign worker.

Some new rules have come into force since there has been a lot of fraudulent activity within the Arranged Employment area. Rules are lot tighter and in most cases CIC are checking out the job offers (even in with HRSD validation) and asking people to attend interviews. If you have been to ask to attend an interview and you have a genuine HRSD Validated job offer and your employer will still be there upon your arrival in Canada you have nothing to worry about. As it states in the CIC website that your employer must make the formal job offer with a written letter or with a more formal employment contract.
My strong advice as an employment counselor is that whoever is arranging a job offer for you in Canada, please ask to speak to employer personally, get a phone interview and then you should and must attend the interview in person. Sometimes it is hard to find the time/ money to do this but consider this would you hire someone without meeting them? Or you as an employee feel comfortable starting a job and not know anything about the employer, size of the company or your workplace? Before you know you might come out to Canada and hate the area or have a personality clash. Ask yourself this why did you want the job offer. I know when people contact me they need a job to go and have some sort of security. I think that is the primary reason, however don’t forget there are many other factors that you should consider. For example, do you have the right information on the type of equipment that the employers use. I have found jobs for a few carpenters in the past. Generally speaking a carpenter is a Carpenter, however it is very important that you get to know the differences between a Canadian trained Carpenter and UK trained and there are differences in how a job is done on a construction site here in Canada.
Get yourself trained/ prepared and read about the licensing and if there are any books available please order them in advance and start the learning process. Waiting to get your visa processed is not necessarily a bad thing. You can achieve and learn more and

BECOME JOB READY during that time by getting your:

Specific competencies and skills tested in other words get an assessment of your qualifications. General academic assessment against UK educational standards in a trade occupation may not be appropriate. Many trade occupations such as the construction trades require a practical competency assessment.
Have a targeted resume ready
Develop employability skills to secure and keep employment in Canada
Have good knowledge of Ethics and/or Legal Responsibilities in a Canadian workplace Practice ethical and legal behavior consistent with workplace standards
Learn about Teamwork: `When you are new in Canadian Workplace you will need all the support that you can get from your co- workers. You can enhance work outcomes through teamwork. It is not a good idea that you compare UK work place to a Canadian work place...OR say we used to do it this way in the UK. Being diplomatic and subtle is the key.
There are many other factors that I will keep you posted on in future.

Here is something that I found on CIC website that may interest the readers a great deal.

Temporary workers

If you have a job offer your employer must send a copy of the job offer to HRDC so they may confirm the job for a foreign worker. Before issuing you a work permit visa officers consider whether there is entry into the labour market. They consider the following factors:

Will they be doing an activity that a Canadian or permanent resident should really have an opportunity to do?

Will they be engaging in a business activity that is competitive in the marketplace?

If the answer to either of these questions is ‘yes’, the foreign national intends to engage in a competitive activity, which would be considered “work”.

Examples of “work” include, but are not limited to:

A foreign technician coming to repair a machine, or otherwise fulfill a contract, even when they will not be paid directly by the Canadian company for whom they are doing the work;
Self-employment, which could constitute a competitive economic activity such as opening a dry cleaning shop or fast-food franchise. (A self-employed person may also be considered to be working if they receive a commission or payment for services);
Unpaid employment undertaken for the purpose of obtaining work experience, such as an internship or practicum normally done by a student.

What kind of activities are not considered to be “work”?

An activity which does not really ‘take away’ from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities not considered to be work include, but are not limited to:

Volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother’ or ‘big sister’ to a child; being on the telephone line at a rape crisis centre. (Normally this activity would be part time and incidental to the main reason that a person is in Canada); unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage; long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

Self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim. There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though non-monetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this person would not be considered a worker.

Work permits requiring HRDC confirmation

HRSD validation of a job offer provides the authority for officers to issue work This Regulation provides broad authority for HRDC to weigh several factors in assessing the impact on the Canadian labour market. Traditional factors such as wages and working conditions and the availability of Canadians or permanent residents to do the work in question are still factors. But also now included are factors such as whether skills and knowledge transfer would result from confirming the foreign worker and whether the work is likely to create other jobs for the benefit of Canadians or permanent residents.

Also important is the fact that HRDC can provide a labour market opinion regarding whether the issuance of a work permit to a foreign national will have either a neutral or positive effect. In certain situations, this allows the HRDC officer to confirm unpaid employment.

National confirmation letters

HRDC has provided several national labour market opinions for foreign workers that apply to all foreign workers who have job offers in the described fields. Thus far, National Confirmation Letters exist and are in force for the following work situations:

• Canada Research Chair Positions http://www.ci.gc.ca/cicexplore/1976archive/english/guides/om-nso/2000/fw/fw00-03.htm

• Exotic/Erotic dancers

http://www.ci.gc.ca/cicexplore/1976archive/english/guides/om-nso/1998/ip/ip98-07.html

• IT workers

http://www.ci.gc.ca/cicexplore/1976archive/english/guides/om-nso/1999/fw/fw99-03.htm

Cooperation between HRDC and CIC or Referral System

The temporary foreign worker program is unique in that its delivery relies on the close cooperation of two different departments. The ability to telephone or e-mail is important in smoothing out what can sometimes be a cumbersome approval process, especially for those cases that fall into an apparent 'grey' area. Visa officers are encouraged to contact HRDC in cases where, for example, a bit more detail regarding the job offer would assist the decision, and likewise are encouraged to respond to HRDC queries in a timely manner. Ultimately, closer communication results in quicker, more efficient service which benefits the clients (Canadian employers and the foreign workers) and the two departments. CIC officers are provided with a list of every HRDC foreign worker officer and their contact information, and likewise HRDC officers have been provided the contact information for CIC officers.

When an visa officer receives a work permit application without a confirmation, in some cases it may be helpful to consult directly with HRDC before advising the applicant to have their employer submit an application to them. In all cases where the applicant is advised to have their employer seek confirmation, they should be given a letter, which the employer can then submit along with their application to HRDC. The referral letter should have the contact information of the immigration or visa officer, so that HRDC can follow up, if needed.

There may be many situations where communication (separate from, or in addition to, issuance of a confirmation) between HRDC and CIC can facilitate the decision-making process and improve client service. eria (i.e., where the work is unpaid, or Some common situations where communication is recommended are listed below:

Officers intend to recommend to the worker that their employer seek a confirmation in cases where the work does not meet traditional criteria are other economic considerations besides the labour market).
The officer would like some advice on the local labour market to assist them in making a decision on a self-employed temporary foreign worker.
The officer is considering applying for work which will provide a social or cultural benefit, or which may be charitable, and local labour market information will assist them in making a decision.
HRDC officers may in turn contact CIC (the relevant visa office, POE or inland office) if they believe a confirmation exemption would apply, and wish to verify this before sending the employer (and the foreign worker) directly to CIC.

THE DEMAND FOR PROFESSIONALS IN CANADA

FINDING WORK AS A TRADESMEN

FOREIGN TRAINED CARPENTERS