Canadian Immigration Lawyer
Canadian Immigration Lawyer
Employer Immigration Services:
Labor market in Canada is always in constant change and labor needs cannot always be fulfilled within Canada. Hiring able bodied workers within Canada can be challenging and sometimes unrewarding. Government of Canada has given employers the unique opportunity to hire foreign workers to work in Canada to fulfill this labor needs if they are unable to find local workers, thus shortening the labor shortage gap. Employers are only allowed to hire approved foreign workers and Government of Canada has a specific criteria as well as requirements to make this possible.
How we can help?
If you are an employer unable to meet your labor needs, Gupta Law Firm can support in providing exceptional consultation and legal services in all aspects of employment immigration. We will ensure effective representation for all our clients and support their employment needs to meet their business demands. We will work with our clients to ensure their business meets all criteria and requirements set forth by the Government of Canada. Our firm regularly advises companies in dealing with but not limited to:
- Temporary Foreign Worker Program (TFWP)
- Labor Market Impact Assessment Matters (LMIA)
We provide exceptional service to ensure that your business gets their foreign workers approved to work. Moreover, we also extend our services to any foreign worker presently working in Canada to get their work permits extended or further apply towards a permanent resident status in Canada. We deal with many companies in many different industries.
For employers seeking to hire a foreign worker, we must ensure the company has an approved LMIA. Most foreign workers coming to Canada require an approved LMIA of the business, which must be from a government body called Employment and Social Development Canada. A LMIA is a significant document which is only issued after the employer has proved they advertised job and no Canadian worker was available to fill the job shortages. The LMIA is valid for about 6 months and the business is required to keep renewing the LMIA to ensure they are up to date with the changes in the labor market. Once an approved LMIA is acquired, this allows the foreign worker to apply for a work permit.
Recruitment and Advertisement
Employers must make honest efforts to hire Canadian and Permanent residents before offering a job to foreign workers. For low wage requirements, you must perform as least 3 recruitment activities. One of these 3 must be on the Government of Canada’s Job Bank. Employers must conduct at least 2 additional methods of recruitment that are consistent with the occupation, as in targets upon the required target audience. Each method must target a diverse audience including minorities, aboriginals, etc. For high wage requirements, you must perform as least 3 recruitment activities. One of these 3 must be on the Government of Canada’s Job Bank. Employers must conduct at least 2 additional methods of recruitment that are consistent with the occupation, as in targets upon the required target audience. One of the methods used must be national in scope and easily accessed by residents of any province or territory. All advertisements must be posted for at least 4 consecutive weeks.
Wages, Working Conditions and Occupations
Employers are required to pay the foreign worker at minimum, the posted prevailing wage for that specific occupation in relation to the work location where the foreign worker will be employed; Or, a wage that is equivalent to the same wage range that they are paying current employees working in the same occupation and work location. They must pay the equivalent wage if this wage is higher than the posted prevailing wage. Employers are required to review and adjust the wage every 12 months to ensure the workers continue to receive at least the prevailing wage rate. Offering a wage below the prevailing wage will lead to a negative LMIA application. The foreign workers would be protected with the same laws and regulation which apply to Canadian workers. Employers must ensure that all workers are paid for all their work, ensure that the workplace is safe to work and allow for proper break time and days off. Foreign workers are entitled to the same rights and freedoms as all working Canadians.
Language and Education
Language must be identified as English and/or French on the applications as these are considered the primary languages in Canada. It is the responsibility of the employers to ensure the foreign workers have all the necessary training, qualifications and experience to perform the work in Canada. Employers hiring a foreign worker in regulated occupations in Canada must ensure that arrangements are made with the appropriate regulatory body for certification, registration or licensing of the foreign worker. Securing the necessary documents to practice in Canada is the employer’s and the foreign worker’s responsibility. Immigration, Refugees and Citizenship Canada (IRCC) will check to ensure the foreign worker are able to perform and carry out the employment being offered to them. IRCC must be satisfied that all requirements are met before work permit is issued. If unsatisfied, the IRCC will assess whether the applicant is likely to qualify for certification before work permit.
If you are an employer seeking advice, contact Gupta Law Firm at (416)-999-6665. We take pride in providing the tools and information to support your business needs. We operate efficiently to provide effective resolutions in a timely manner. We ensure all necessary steps are taken to have a successful application processed by Government of Canada.
Employee Immigration Services:
Many temporary foreign workers are given the unique opportunity to receive a temporary work permit here in Canada. Many of these individuals also seek the opportunity to obtain a permanent residency status in Canada. Government of Canada review certain aspects and validate certain information to see if you would be a viable candidate to receive this status.
How we can help?
At Gupta Law Firm, we provide guidance to skilled workers to aid them in navigating their opportunities to retain permanent residency while working in Canada. We work closely with our clients to effectively come up with a strategy which would greatly increase their opportunity to remain in Canada as a permanent resident.
Under the Immigration and Refugee Protection Act family reunification is the most important factor for an Immigration Officer to consider. Canadians can sponsor their spouse from abroad. Immigration, Refugees and Citizenship Canada (IRCC) allows Canadians to sponsor their spouses, common-law partners, dependent children, and conjugal partners from abroad. If a marriage is determined to be entered into for only immigration purposes, then you may be deported from Canada for Inland Cases.
You may not be eligible to be sponsored if you have:
- been convicted of certain crimes
- Did not pay Court Order Spousal Support or Child Support
- Your Sponsor has sponsored another spouse in the past and five years have not passed since they became permanent resident.
- Receiving Government Welfare Support (Not Including Disability Support)
- Under age of 18
The term “conjugal” means that there is a significant degree of attachment between the two partners. There is a requirement of more documentary proof if marriage has not occurred. For conjugal relationship, the one year physical cohabitation proof is not required. However, there must be a lot of evidence of a relationship.
For common-law relationship there must be one full year of cohabitation proof.
- Permanent Residence
- Representing the client in Appeal Cases
- Temporary Residence
- Refugee Cases