Massood Joomratty, one of the principals of JOBROX and a practicing immigration lawyer was kind enough to answer some of the most common questions regarding foreign workers and the red tape associated with work visas. He provided fantastic insight into the process as well as some little known facts of which all employers should be aware.

Q. As has been reported extensively in the news media lately, Alberta and British Columbia are currently suffering from a drastic labour shortage. The hospitality industry has been hit particularly hard by the lack of staff for open positions. How serious is this shortage?

A. The situation is so serious that employers are increasingly resorting to recruit from outside Canada. In 2006, there were 171,844 temporary foreign workers living in Canada, which represents a 122-per-cent increase over 10 years. Temporary foreign workers entering Canada on the basis of a labour market opinion represent about 50 per cent of this number. The remaining foreign workers enter using exemptions under NAFTA or GATS, on student visas or as spouses. There was a 400-per-cent increase in demand for foreign workers in Alberta between May 2006 and May 2007.

Q. Are there any statistics telling us how many people we need?

A. Over the next nine years the restaurants, bars and caterers that make up Canada’s foodservice industry will require an additional 181,000 workers. While the demand for foodservice employees will grow an average of 1.8% per year over the next nine years, the working-age population of 15- to 69-year-olds will grow by just 0.9%. [SOURCE: CANADIAN RESTAURANT & FOODSERVICES ASSOCIATION, Sept. 2007]

Q. Some Canadian companies are now hiring foreign workers as a solution to this problem and many others are considering this as a solution but I understand the process is complicated and that there are many steps an employer needs to follow before they can hire people from another country. What does an employer need to consider/do in order to hire foreign workers?

A. - The Federal government administers the ‘Temporary Foreign Worker Program’ (TFWP) through the Human Resources and Social Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC). Successfully hiring a foreign worker is a two step process. It entails the following and involves HRSDC and CIC:

HRSDC issues a Labour Market Opinion (LMO) and CIC is responsible for issuing a Work Permit.

1. The Employer has to submit an application for Labour Market Opinion (LMO) at a Service Canada (HRSDC) centre serving the employer’s region. This application is meant to seek the approval from HRSDC to recruit from outside Canada. Essentially it is an exercise to convince HRSDC that the Employer has made considerable efforts to recruit ‘locally’ and despite the fact that the conditions of employment during any local recruitment efforts were up to Canada standards, the Employer has not been successful in attracting local talent.

2. HRSDC looks at its own ‘database’ of Labour Market Information and currently will only approve an LMO if the wages being offered to the Foreign Worker is above average and in some instances if the Employer can demonstrate that the recruitment efforts were Canada-wide. This can be very expensive, especially when HRSDC insists on detailed advertisements in National newspapers.

3. Currently there are some occupations classified as ‘Under Pressure’. The BC and Alberta lists are somewhat different. For “Occupations Under Pressure”, merely advertising on the government Job Bank for seven days may be adequate. This is a free service.

4. Recently, HRSDC has been insisting that wages offered to prospective Foreign Workers in many cases should be more than what local staff is being paid. Employers are having a hard time trying to convince HRSDC that this disparity is not healthy and cannot be implemented. This is an ongoing battle between Employers (or their lawyers) and HRSDC

5. Processing times for LMOs have gone up from ten days to twenty weeks in recent months. On September 24, 2007, the government announced an expedited LMO process (E-LMO) for twelve occupations in BC and Alberta. (Seven in the hospitality industry). This is a marked change in attitude and will give Employers something they’ve been craving for - a fast-track to bringing in a Foreign Worker. The E-LMO can be take between 8 to 10 days. Not all employers will be eligible to participate in the E-LMO. There are some strict requirements to be met.

6. Once HRSDC is satisfied that the wages and other work conditions meet their expectations, a positive LMO is issued. Usually, an LMO is issued with the worker’s name specified on the document. Only then can the Foreign Worker apply for a Work Permit. In certain instances the LMO is issued with only the number of positions to be filled stated. The Employer is requested to provide the names of prospective workers as soon as they are recruited.

7. The next step is for the Foreign Worker to apply for a Work Permit. This is usually submitted at a Canadian embassy that is responsible for the geographic region where the FW legally resides. A Visa Officer will assess the genuineness of the Worker by looking at his/her qualifications, experience etc. The processing time for WP applications varies at different embassies. It can take several weeks for a WP to be issued.

8. Processing times at some embassies are horrendously long [several months up to even over a year]. This is also a way to control the flow from specific countries. This is the unwritten and unpublished quota per embassy.

Q. Can an employer prepare the LMO themselves or should they seek legal advice?

A. Although the employer can prepare the LMO, seeking legal advice is worth the money. There’s the literature on HRSDC’s website and then there are unpublished ‘rules’ and ‘criteria’ that Foreign Worker Specialists at HRSDC take into account. Lawyers who have experience dealing with HRSDC can help shorten the processing time and avoid unnecessary delay.

Q. What are occupations under pressure? Does this vary from province to province? If my company needs people to fill these occupations, does that speed up the time to receive the LMO?

A. Recruiting for an Occupation Under Pressure only reduces the whole process by 10 to 14 days or so. There is no need to advertise extensively for several weeks. The Employer only has to advertise on the Job Bank. The processing time is unaffected since an application for LMO is submitted only when proof of advert is available.

Q. What type of work permits are issued for foreign workers? How does this vary based on the job for which they are hired?

A. Occupations in Canada are essentially classified as Skilled and Unskilled (Low Skilled). Please see National Occupations Classification (NOC). Skilled Occupations are classified as NOC Levels O,A and B and unskilled ones are Levels C and D. The WP issued to either group is the same. However, there are implications for both the Employer and the Foreign Worker.

The Employer has to pay return airfare if hiring a Low Skilled worker and has to cover the first 90 days of health insurance. Furthermore, the Employer has to make sure the Worker has affordable and humane accommodation. Affordable accommodation has been a major challenge especially in Alberta.

Furthermore, the ‘Low Skill’ Worker cannot be accompanied by spouse and children and has to leave Canada after the duration of the WP [usually 24 months]. The same Worker can only return to Canada on a WP after 4 months. The Employer cannot simply renew a WP in this category.

For Workers in the Skilled Worker category, there is no obligation for Employer to pay airfare. The Worker’s spouse is also issued a WP. This WP is ‘open’, which means the accompanying spouse can work wherever he/she likes and whatever hours. Furthermore, the Skilled Worker may qualify to immigrate to Canada as a permanent resident under a Federal or Provincial program. This is very attractive to Employers who want a long term employee.

Q. If a worker comes to Canada on a work visa for one company, can they look for other jobs with companies who also have an LMO?

A. Yes. However, the Worker may be at risk and may be without status in certain instances. The Worker has to apply for a WP and may have to wait several weeks. There is no guarantee that a Visa Officer will approve the Worker’s WP. If the second WP is denied, the Worker will be out of luck. Workers who seek legal advice will know this and will think twice before jumping ship. There is no rule however that prevents Worker poaching.

Q. What is JOBROX? What do you do for employers that eases the process of bringing foreign workers to Canada?

A. Jobrox is a recruitment company that looks beyond our borders. We believe the pool of workers is dry in Canada. We act as a reliable bridge between ethical Employers and qualified workers.

Jobrox has its own in-house immigration lawyer with 10 years of experience. We provide a comprehensive service that includes determining employer needs, Foreign Worker screening, skills testing, interview, background/police clearance and documents verification overseas. We work with reputable institutions in the Workers’ country of residence to test the Worker’s skills. We offer training and orientation programs that will better prepare the Workers to be successful in Canada. We offer settlement services in Canada from the day the Worker arrives taking care of things from airport pick-up to applying for SIN card, opening bank account, finding accommodation, community introductions, finding schools for accompanying children, finding work for spouses, places of worship etc etc. We have a toll-free hotline for Workers to access us and we assign the Workers Settlement Co-ordinators for the duration of their contract.

Q. What countries does JOBROX get foreign workers from? Do you have representatives in these countries? Is having a representative in these countries important to an employer? Why?

A. We focus our recruitment efforts in countries where the English language is fluently spoken. This removes a big barrier in the Worker’s life in Canada. We have offices in several countries and have dedicated staff who are themselves HR professionals. Local staff are invaluable in the process. They have extensive local knowledge and can easily detect fraud and can evaluate competencies and references very promptly.

Our main source of Workers in the hospitality sector is Mauritius and Fiji - both are 5-star destinations and as a result the Workers from those countries are exposed to the highest standards in the industry. Furthermore, Workers from Mauritius are fluently bilingual (English & French). In Fiji, we work under the auspices of the Fijian government and we have collaborated with the Fiji Foreign Office and the Fiji Embassy in North America to ensure that all our operations are performed ethically and at the same time respecting local laws of Foreign Recruitment.

Q. What does JOBROX do to help a foreign worker acclimate themselves to Canada and our way of life?

A. We provide an Orientation course to the Workers before they leave for Canada.

Q. We have heard many horror stories about companies purporting to be able to bring foreign workers to Canada. What is legal and what’s not and how can an employer be assured that they are working with an ethical company who is abiding by the laws of Canada? Can an employer be held responsible for any illegal activities done by such a company?

A. A worker cannot be charged any recruitment fee. It is prohibited. However, Employers should ascertain who the overseas partners of the Canadian recruiters are and how much they are charging. Sometimes, the overseas partner/operator will charge a small administrative fee. This fee should not go into the thousands. It is perfectly legal for a Worker to pay legal fees for WP application. Many employers also pay for the Orientation and training provided overseas.

How do I find out if I’m a citizen of more than one country?

Contact the embassy or consulate of the country in question. You will have to provide your place and date of birth, citizenship of your parents and/or grandparents and immigration details.

If the country has no representatives in Canada, you can contact:

• The Protocol Service of the Department of Foreign Affairs and International Trade
  Ottawa, ON K1A 0G2

Or:

• Contact the Citizenship and Immigration call centre: 1 888 242 2100

Most countries define citizenship based on one or more of these traits:

• You were born on territory belonging to, or claimed by, that country.
• One or both of your parents were citizens of that country.
• You married a citizen of that country.
• You (or one or both of your parents) obtained that country’s citizenship by going through a legal process of naturalization (living there for a period of time, passing a citizenship exam)
• You lived in that country for an extended period of time.

Canada’s Citizenship Act allows people to be citizens of two or more countries at the same time. This also means a person should know the rights and obligations required of them when they are in those countries of citizenship. The laws of the country where you are located take priority over the laws of any other country where you hold citizenship. International treaties, though, may override local laws.

Some people may have dual nationalities and not realize it

In some countries, such as the Republic of Korea, if your grandparents or parents were born there, the Korean government will classify you as a Korean citizen, even if you were born and brought up solely in Canada.

Approximately 90 countries officially permit dual or multiple citizenship

In some parts of the world, those born in a particular area are automatically entitled to citizenships of two countries. For example, those born in Northern Ireland are British citizens, but they can claim Irish citizenship as well, because the Republic of Ireland extends its full citizenship benefits to Northern Ireland.

Some other countries take away citizenship the moment the person acquires another nationality

Numerous countries either ignore or prohibit dual citizenship. These include: Burma, Denmark, Ecuador, Egypt, Finland, India, Indonesia, Iran, Japan, Kenya, Malaysia, Norway, Pakistan, Peru, Philippines, Singapore, Sweden, Syria, Thailand, Vietnam and Zimbabwe.

Other countries, such as Japan or Germany, allow dual nationalities until a certain age

In Germany, for instance, children of foreign-born parents have dual nationality until the age of 23, when they must decide which passport to keep. Only in exceptional cases, for example, if ‘’unreasonable conditions'’ are imposed for giving up a foreign passport, will dual citizenship be permitted to continue.

Some countries have loosened restrictions on dual citizenship

In 1998 Mexico changed its laws permitting Mexican-born citizens of other countries to reclaim their Mexican citizenship. Previously, the citizenship of Mexicans was automatically rescinded when they took on new citizenship. The law also applied to anyone born outside Mexico whose mother or father was born in Mexico.

Some countries recognize dual citizenship but strongly discourage it

In the U.S., new citizens must relinquish their previous national standing unless that country permits dual citizenship; a person with two citizenships may not be granted security clearance, and a person who acquires foreign citizenship by voluntarily applying for it may lose U.S. citizenship. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country.

Hazards of dual citizenship

Dual citizenship can cause difficulties. Since the Sept. 11 attacks, the U.S. has made it more difficult for certain Canadians to enter America. Canadians with dual citizenship in Iran, Iraq, Libya, Sudan and Syria may come under suspicion at the border and be fingerprinted.

Certain countries may forbid a person from travelling with two passports

If you travel to a country that prohibits dual citizenship and you have both a Canadian passport and one from your other country of citizenship, your Canadian passport may be confiscated or you may be subjected to a fine. You may be required to enter and exit a country using the same passport. If you run into trouble, Canadian consular services may try to help, but if the country considers you one of its citizens, there is little Canadian officials can do — their interest would be seen as meddling in internal affairs.

Some countries require citizens to perform compulsory military service, or pay special taxes

Others may require you to reimburse the costs of post-secondary education, or inheritances may not be allowed for people with dual citizenship. Some countries do not accept ignorance of the law as an excuse. You may be imprisoned or sent to military service. Even dual citizens who have passed the age for active military service may be considered in breach of their obligations for failing to report at the required time.

Marriage, divorce and child custody

Sometimes marriages performed in Canada may not be considered legal in other countries. As well, Canadian divorce and child custody documents may not always be recognized.

Travel with your Canadian passport

The Canadian government encourages people to travel with their Canadian passports, so it can intervene should something happen abroad. For example, the government has an agreement with China that anyone of Chinese ancestry who enters China with a Canadian passport is recognized as a Canadian citizen.

If you run into problems abroad, you can place a collect call to the 24-hour Operations Centre, Consular Affairs Bureau, Foreign Affairs Canada: (613) 996-8885. From within Canada dial: 1-800-267-6788 or (613) 996-6788. Or you can send an email to sos@international.gc.ca.

Renunciation of foreign citizenship

If you prefer to give up other citizenships, you may be required to go through an official process to renounce your nationality. This will entail formal approval from the authorities of that country. Even then, some countries don’t recognize renunciation.

Finally, for those who were expecting the SAP to have a drastic effect on processing times, I’m sorry. The reality is, there is a finite number of visas for every embassy per year and the number of eligible applicants have increased many-folds. Hence, some people will continue to get their visas quite fast while others have to wait in line for their turn because once the annual quota is exhausted, CIC does not come forth and tell applicants the truth about the long wait … for the next year to kick in. This adds to the frustration, is disheartening and sometimes causes disillusion …

I think the wording of ‘Simplified Application Process’ is misleading. It does not simplify anything. It is a simplified form that should have been called ‘Preliminary Form’.

A. No. Only those who meet the following:
• study permit is still valid;
• must have studied full time at an eligible institution (see list below) for at least 6 months out of the 12 months before applying;
• must maintain satisfactory academic standing (as defined by the academic institution);
• must be enrolled in an academic program of study; and

The work permit allows a student to work 20 hours per week anywhere while classes are in session and full time during scheduled breaks, including summer or winter holidays and reading weeks. The work permit will be valid of the duration of the current studies.

For now, students at other private institutions will have to apply for work permits to be able to work. This entails obtaining a job offer first.

Here’s a list of participating/eligible institutions

A. The population of Canada will approach 33 million in the coming year, according to Statistics Canada, which began its 2006 census in Quebec on April 27, 2006.

In the last census in 2001, there were 30,007,094 people living in Canada, about 1.2 million more than there were in 1996. The Canadian birth rate remains anemic and the growth of the population relies on immigration, a trend that is growing, said the statistician. “More and more, the role of immigration is important,” Barnabe told reporters. “According to our projections, growth will depend solely on the contribution of immigration by about 2015-2017,” Barnabe said.

Canada’s new citizenship and immigration minister, Monte Solberg, has a choice to make. Solberg will have to decide if he wants to be just the minister of immigration, or if he also wants to be the minister for immigrants. There is an important distinction.

For the most part, Canada’s immigration ministers in recent years have concerned themselves almost exclusively with immigration policy, the intake of newcomers each year, how Canada will select those people, who gets in and who does not: our drive to attract the best and the brightest.

On the face of it, that would seem to be the primary responsibility of the minister of the Crown heading up the immigration department. But too often, ministers — with some coaching from their bureaucrats — have steered away from also being the minister responsible for the immigrants themselves.

As a result, it sometimes seems as if there is virtually no culture of client service in the immigration department. It doesn’t matter how long we make people wait or how agonizing it can be to get updated information on an immigration application. Many who have applied to sponsor family members or who are immigration applicants themselves can attest to the frustration of trying to use the immigration department’s telephone information line or the online e-client status service. Frankly, the immigration department often doesn’t communicate well and it is immigrants or would-be immigrants who suffer the consequences.

Some immigration officials operate on the assumption that it doesn’t really matter if people have to wait for years to get a reply from Canada. This country reserves the right to pick and choose who gets in and when. How long people wait in the queue is not our concern, these officials say. In fact, in some parts of the world providing better service would simply be a magnet for more applications, some would argue. So red tape becomes a mechanism for controlling the flow of applicants.

A minister who feels a responsibility to immigrants might well ask: is this the best way to run an immigration program? Have we ever thought of doing things differently?

And an immigration minister more concerned about the immigrants themselves would also demand to know how the government plans to resolve the conundrum of the growing immigrant underclass, a class populated by those for whom the Canadian dream has become a nightmare. For years now we have been confronted by the problem of immigrants who cannot work in their chosen fields in Canada or fail to break through into the workforce, despite their best efforts. That is because our immigration policy focuses on intake, not on integration. A minister who also feels a responsibility to immigrants would make it a priority — perhaps the top priority — to resolve the credential recognition and integration dilemma.

Solberg worked as a broadcaster for nearly 20 years before jumping into politics in 1993 as one of the original Reform MPs. He has no background in the immigration field and joked with reporters after his appointment that he hadn’t exactly been “pining” for the post. As one of only three cabinet ministers from Alberta, Solberg is also the first western Canadian in a generation to find himself in charge of the immigration portfolio. (Winnipeg’s Lloyd Axworthy held the post in 1980 and Saskatoon’s Otto Lang served in 1970).

And as an MP from rural Alberta, Solberg is the first immigration minister in a long time who does not hail from a major urban centre. While some would argue that puts him out of touch with the concerns of Canada’s major immigrant communities, it also gives him the latitude to act without any hint of favouritism.

Solberg comes to this portfolio with a clean slate. His party platform talked about getting tough on failed immigrants who have been languishing in the deportation stream. But the policy document also placed immigration firmly in the realm of building Canada’s communities. The Tories promised to cut by half the $975 landing fee charged to new immigrants and pledged to create an agency to speed assessment and recognition of credentials.

Solberg should act quickly on both promises and take up other challenges to prove that he is both the minister of immigration and of immigrants.

Bruce Cheadle, Canadian Press
Published: Tuesday, February 14, 2006

OTTAWA (CP) - Canada’s new immigration minister says the Conservative government does not plan to restrict family reunification nor change the overall annual target number for newcomers.

But Monte Solberg said the mix of immigrants - and the means they use to enter the country - may need to change to reflect a greater emphasis on labour shortages. “I don’t think it’s the overall number that’s the issue,” Solberg said in an interview Tuesday.

“I think partly maybe it’s the mix. But it’s also using some of the other tools that we have to address some of the problems we have - like the work visas.”

Solberg is floating the idea of working with provinces and industries, especially the resource sector, to get more targeted, skilled labour into Canada on temporary work visas.

“Maybe ultimately if they’re here for a time and they’re doing a good job, well, permanently land them,” he said.

Solberg, 47, has been handed one of the federal government’s hot-button portfolios.

The former Alberta broadcaster and longtime finance and international affairs critic for the Reform, Canadian Alliance and Conservative parties is in a new role dealing with immigration matters.

He said his initial priorities are those laid out in the Conservative campaign platform: cutting the $975 landing fee; introducing new legislation to ease foreign adoptions; and creating a new federal agency to assist newcomers in getting their education and professional credentials recognized.

“I don’t think any of those are necessarily contentious. Those are things we’re going to focus on.”

But Solberg knows he’s going to face some controversial issues.

In 2004, almost 236,000 newcomers gained permanent resident status in Canada. The country was on track for about 245,000 last year.

Some 57 per cent of the 2004 admissions were in the economic classes, including family members, while the other 43 per cent were those who arrived on compassionate and humanitarian grounds, including 33,000 refugees.

Some former Liberal ministers spoke of increasing overall immigration targets to 300,000 annually, if not higher, in coming years.

Last April, the Liberals promised to triple the number of family reunification applications processed annually to 36,000. Some critics - but not the Conservatives - accused the Liberals of pandering to immigrant communities on the eve of what was considered a crucial confidence vote in a minority government.

“We have no plans to change the number of people coming in under family reunification,” Solberg said Tuesday.

“But it also doesn’t mean there aren’t things we can do to ensure that we’re dealing with the skills shortage in this country . . . . Right now, clearly we’re not. We’re not dealing with those issues.”

Solberg said there are “big challenges respecting family reunification versus matching immigration to labour shortages.” He also said dealing with refugees remains a contentious matter.

“There’s some real debates within these different portfolios.”
The Liberals made another round of immigration promises, including a $700-million, five-year program to clear up applicant backlogs, in November just before the government fell.

The report presents the overall immigration ranges for 2006, including the commitment to admit from 225,000 to 255,000 newcomers to Canada as permanent residents. It also provides the target ranges for permanent residents to be admitted in each immigration class for 2006.

The report speaks to the need for a new long-term approach to immigration planning. Strengthened partnerships to improve the current immigration system so that applicants can be processed more quickly, and ensure a modern service delivery system that is efficient and responds to the needs of all Canadians, are a priority.

“Canada needs the drive, ambition and skills many newcomers bring to our country every year and we need to make sure they succeed once they arrive,” said Minister Volpe. I am fully committed to delivering the results Canadians need and want to secure the economic and social prosperity of our country for this and future generations.”

The department’s annual report, and its performance report for 2004-05, is available at www.cic.gc.ca.