Immigration

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. Gupta Law Firm can support in providing exceptional consultation and legal services in all aspects of employment immigration. Gupta Law Firm regularly advises companies in dealing with but not limited to: 

• Temporary Foreign Worker Program (TFWP) 

• Labor Market Impact Assessment Matters (LMIA) 

Gupta Law Firm also provides 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.

        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.  

Gupta Law Firm can provide guidance to skilled workers to aid them in navigating their opportunities to retain permanent residency while working in Canada. Gupta Law Firm works closely with clients to effectively come up with a strategy which would greatly increase their opportunity to remain in Canada as a permanent resident.