Canada hires academics for Universities/colleges/institutions to meet its teaching and other staff needs. Because such hiring efforts can help Canada grow its knowledge and skills pool. Thus, special terms have been created by Employment and Social Development Canada (ESDC)/Service Canada and Immigration, Refugees and Citizenship Canada (IRCC) in collaboration with unions, colleges/universities that represent Canadian academics.
An academic is a person who has at least one P.G degree after completing a bachelor’s degree and is earning from a teaching profile at a university/college/institute.
Job profiles that do not need a work permit or a positive LMIA
Canada can hire foreign academics under the Immigration and Refugee Protection Act (IRPA). Also, they can hire a certain type of foreign academics without:
- Having an ESDC Labour Market Impact Assessment (LMIA)
- And/or without foreign academic having a work permit.
Job profiles that do not need an ESDC LMIA and work permit
- Academic counsellor and examiners
- Graduate assistants
- Researchers with self-funding
In the case, of the citizens of the United States, St. Pierre et Miquelon and Greenland, the above-mentioned academics can enter Canada as visitors. They can do so by applying to IRCC or at a Canadian port of entry.
Job positions that do not need an LMIA
Foreign workers who need an IRCC work permit but do not need an LMIA are the following:
- PhD scholars
- Research award receivers
- Top scholars from their academics field.
- Guest lecturers
- Visiting professors
- Professors from the U.S. and Mexico, who are under the NAFTA.
- Chile citizens who are professors in Canada under the CCFTA.
In the case, of the citizens of the United States, St. Pierre et Miquelon and Greenland, the above-mentioned academics can enter Canada by applying for a work permit. They can do so by applying to IRCC or at a Canadian port of entry.
Besides, if employers are hiring foreign academics for a job position that requires an LMIA then:
- Pay a temporary foreign worker a minimum current median wage, as per job profile and job location.
- Pay a wage equal to the current employees in the same position and location. This is applicable if the current wage is lower.
Apply for an LMIA
To hire a temporary foreign worker all Canadian employers must apply for an LMIA unless exempt from doing so. To do so the employer must submit the following:
- Firstly, submit LMIA application form, in case hiring for a high wage academic position.
- Secondly, give proof of advertising
- Also, give proof of business being legal and valid.
Labour Impact Market Assessment
After submitting an LMIA application ESDC/SC will check:
- If the employer meets the terms of the Temporary Foreign Worker Program (TFWP).
- Past and current job offer made from the province/territory.
- If the job offer is valid.
- If the medium of language to do the job is English or French. Also, if applicable an employer should be able to prove the need for a different language to do the job.
- Also, for the impact of the LMIA on the job market such as:
- The offer of wages and work conditions.
- Job for which the employer is hiring the TFW.
- Efforts made for hiring and advertising.
- Benefits of the LMIA to the labour market.
- Consultation with an appropriate union, if any.
- Effect of LMIA on resolving a labour issue.
- Further, for the past job offers made.
Finally, SC/ESDC will give a positive LMIA after verification. Also, from the date of issue, the positive LMIA is valid for 6 months. After receiving the LMIA the employer must send a copy to the TFW. Because it will help the worker to apply to IRCC for a Canada work permit.