International Mobility Program
What is International Mobility Program?
The International Mobility Program (IMP) facilitates the hiring of temporary foreign workers by offering an expedited process that bypasses the Labour Market Impact Assessment (LMIA). Designed to support Canada’s economic growth, the IMP allows Canadian employers to recruit skilled workers under various international agreements, including free trade agreements and intra-company transfers. This program enables businesses to access global talent efficiently, helping them meet labor needs and foster innovation. For detailed guidance on eligibility and application procedures, explore the resources available on the International Mobility Program website.
Eligibility for the International Mobility Program
To qualify for the International Mobility Program (IMP), employers and foreign workers must meet specific criteria based on the program's various categories:
For Employers:
1. International Agreements: Employers must hire foreign workers under agreements like free trade agreements (e.g., CUSMA, CETA) that facilitate temporary work permits without an LMIA.
2. Intra-Company Transfers: Employers must transfer employees from a foreign branch, subsidiary, or affiliate to a Canadian office.
3. Other Categories: Employers may also hire under other IMP categories that support labor market and economic benefits, such as significant benefit to Canada or reciprocal employment.
For Foreign Workers:
1. Skill Level: Workers must meet the skill and experience requirements specified in the agreement or category under which they are applying.
2. Employment Offer: Workers need a valid job offer from a Canadian employer participating in the IMP.
3. Category-Specific Requirements: Depending on the category, workers may need to meet additional criteria, such as being a senior executive or specialized professional.
How to Hire a Temporary Foreign Worker
Hiring a temporary foreign worker involves several key steps to ensure compliance with Canadian immigration and labor regulations. Here’s a streamlined process for hiring a temporary foreign worker:
1. Determine Eligibility:
- International Mobility Program (IMP): Check if your hiring needs fall under an international agreement or other IMP categories, which may not require a Labour Market Impact Assessment (LMIA).
- Temporary Foreign Worker Program (TFWP): If not eligible for IMP, determine if an LMIA is required.
2. Obtain a Labour Market Impact Assessment (LMIA) (if applicable):
- Application: Submit an LMIA application to Employment and Social Development Canada (ESDC) detailing the need for a foreign worker and the job offer.
- Processing: ESDC reviews the application to ensure there are no qualified Canadian candidates available for the position.
3. Offer of Employment:
- IMP: Submit an offer of employment to Immigration, Refugees and Citizenship Canada (IRCC) and pay the compliance fee if using the IMP.
- TFWP: If using the TFWP, ensure you receive a positive LMIA before proceeding.
4. Work Permit Application:
- Foreign Worker: The foreign worker applies for a work permit through IRCC, using the job offer or LMIA as part of their application.
5. Compliance and Documentation:
- Employment Standards: Ensure compliance with Canadian labor laws, including fair wages, workplace safety, and non-discrimination.
- Record Keeping: Maintain accurate records of the employment and compliance with program requirements.
6. Arrival and Onboarding:
- Work Permit Issuance: Once the work permit is approved, the foreign worker can travel to Canada.
- Onboarding: Integrate the worker into your business, ensuring they understand their role and the workplace environment.
Employer Responsibilities
As an employer who has hired a temporary worker through the International Mobility Program (IMP), you must:
Verify Work Permit: Ensure you review the worker’s work permit and be aware of its expiry date.
Compliance with Permit Conditions: Adhere to the conditions listed on the work permit, including the job location and the duration the worker is allowed to work in Canada.
Match Offer of Employment: Ensure that the job provided matches the occupation and duties specified in the National Occupation Classification (NOC) code and aligns with the details of the offer of employment you submitted. Pay and working conditions must be equal to or better than those outlined.
Insurance and Benefits: Arrange for medical insurance and workers’ compensation benefits as required by your province or territory and as specified in the offer of employment.
Active Business: Maintain active operations for the business that submitted the offer for the duration of the work permit’s validity.
Legal Compliance: Comply with all federal, provincial, and territorial employment and recruiting laws.
Safe Workplace: Ensure the workplace is free from physical, sexual, psychological, and financial abuse, and does not retaliate against "whistle-blowers."
Inspection Cooperation: Be available or designate someone to attend inspections, answer questions, and provide requested documents or information.
Accuracy of Information: Demonstrate that the information provided in the offer of employment was accurate and that the temporary worker received the same offer of employment.
Follow Health Orders: Allow employees to comply with any orders under the Quarantine Act, Emergencies Act, or provincial COVID-19 regulations.
Pay During Quarantine: Compensate the foreign worker for any mandatory isolation or quarantine periods upon entering Canada, even if they are unable to work.
Your Rights
In Canada, the rights of all workers, including temporary foreign workers, are legally protected. As a temporary foreign worker, you are entitled to the same rights and workplace protections as Canadian citizens and permanent residents.
Your employer must:
- Provide information about your rights.
- Give you a signed copy of your employment agreement before you apply for your work permit.
- Pay you according to the terms outlined in your employment agreement, including overtime if specified.
- Ensure a workplace free from abuse, including any form of retaliation.
- Comply with employment and recruitment standards in the province or territory where you work.
- Assist you in accessing healthcare services if you are injured or become ill at work.
Your Employer Cannot:
- Force you to perform unsafe work or tasks not outlined in your employment agreement.
- Require you to work while sick or injured.
- Mandate overtime work if it is not included in your agreement.
- Penalize you for reporting mistreatment, unsafe conditions, or for cooperating with government inspections.
- Confiscate your passport or work permit.
- Deport you from Canada or alter your immigration status.
- Charge you for any recruitment fees they may have incurred to hire you.
Your employment agreement
Before you apply for a work permit, your employer must give you a copy of your employment agreement. It must be in English or French - your chosen official language while in Canada. Both you and your employer must sign this agreement. The employment agreement must refer to the same occupation, wages and working conditions as your job offer.