Hiring Foreign Nationals
Planning to accept resumes from foreign nationals? Review your responsibilities and requirements.
Amendments to regulations temporarily affecting foreign nationals
Academic foreign workers are hired for academic positions at the university and become employees in roles such as Faculty, Academic Teaching Staff (ATS), and Trust/Research Academic Staff (TRAS). Employment and Social Development Canada (ESDC) deems an academic position to be at least 50% teaching and/or research.
Non-academic foreign workers are hired for positions at the university with less than 50% of teaching and research as part of their job duties. They become university employees in positions such as Administrative Professional Officers, Deans and Support Staff (in other words management, financial, administrative, etc.).
If you will be considering a Support Staff non-academic foreign worker, please contact your HR Partner for union consultation.
Temporary foreign workers have the same rights and workplace protections as Canadians and permanent residents.
For work permits based on a Labour Market Impact Assessment, learn more at Temporary Foreign Workers .
Steps
Ensure that all recruitment files involving foreign nationals are retained for a minimum of six years.
All job postings in advertisements must be identical.
View our Advertising Tip Sheet .
Non-academic workers
- Advertise in at least three places to qualified Canadians and permanent residents:
- You must advertise on the Government of Canada’s Job Bank . If you choose not to advertise on the Canada Job Bank, you must provide a written rationale with your LMIA application. A rationale template can be found in the Guidelines for Completing LMIA .
- 2 of the 3 ads must be consistent with the occupation (targets an audience that has the appropriate education, professional experience or skill level required for the occupation).
- 2 of the 3 ads must be national in scope - Canadians and permanent residents must have the capacity to search advertisements for work locations across Canada in a single site, as opposed to referring to individual or regional sub-sites.
- All three ads must be posted for four consecutive weeks concurrently in the three-month period prior to applying for an LMIA.
- At least 1 of the 3 recruitment activities must be ongoing until the date a positive or negative LMIA has been issued.
- Support Staff: work with your HR Partner to ensure the NASA Foreign National Hiring Consultation Form is completed.
- Advertise to qualified Canadian citizens and permanent residents in at least three places: the U of A Careers website and two occupation-specific publications that are national in scope for 30 days.
- Re-advertising is not required to renew a Labour Market Impact Assessment for a tenure-track position.
- Employment and Social Development Canada will not accept advertisements that are over one year old.
- Advertising records for tenure-track positions must be retained permanently.
Maintain records of your recruitment campaign. You must demonstrate that you have made efforts to recruit qualified Canadians and permanent residents. Keep a copy of the advertisement and information to support where, when and for how long the position was advertised.
Transition plan
A transition plan, valid for the duration of the employment of the temporary foreign worker, is a mandatory requirement to hire temporary foreign workers in high-wage positions. It describes the activities you are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the Temporary Foreign Worker Program.
If you are applying for a Labour Market Impact Assessment and have previously submitted a transition plan for the same position and work location, you must report on the results of the commitments you have made in your previous transition plan (will be used to determine if the described activities had been undertaken).
Immigration Services will work with you to complete your transition plan for your LMIA application.
- Send them a copy of the Guidelines for Immigrating to Canada .
- Encourage them to visit the Life in Canada page.
- Invite your candidate to Get to Know Their Rights While Working in Canada .
Need Support?
Shared Services Talent Acquisition, Immigration and Support can provide recruitment support related to the following:
- Job postings
- Recruitment folder set-up
- Initial screening
- Immigration
- Recall and duty to accommodate
- Reference checks
- Moving and relocation
- Records management
- Offer letters
Your HR Partner can provide support for interviews at the leadership level and any other questions throughout the steps for recruitment.