Hiring of Foreign Faculty Members and WatPort _PPT_ - University of by jianglifang


									Foreign Worker: Application for
   Labour Market Opinion
       November 24, 2011

             Presented by:
        Frances Hannigan, CCIC
             HR - WatPort
       Who needs a Work Permit?
•   Most foreign workers require a valid work permit
    before they can be legally paid for their
•   Most common cases are regular full-time faculty
    who do not hold a Canadian passport
•   However, any worker that do not hold a Canadian
    passport requires a work permit; this includes
    PDFs, Research/Teaching Assistants, Research
    Professors, Lab Assistants/Technicians
•   Work permits cannot be issued for part-time work
    regardless of occupation
                  HRSDC vs. CIC
Human Resources and Skills Development Canada
   • Is part of Service Canada, therefore does not answer
     to Citizenship & Immigration Canada
   • Main purpose of the LMO is to keep track of and
     advise the Federal & Provincial governments of the
     labour movements and shortages in Canada
Citizenship & Immigration Canada
   • Is the Federal body that regulates foreign nationals’
     movements in and out of Canada
   • Is the only authority that can provide legal “permission”
     to any foreign national to work in Canada
                    HRSDC & CIC
• Immigration and Refugee Protection Regulations 203(1)
  requires that all work permit applications must be
  accompanied by a neutral or positive opinion (the
  Labour Market Opinion – LMO) from HRSDC
• Since HRSDC does not answer to CIC, it does not
  always “keep in time” with the changes to immigration
  and its respective Act & Regulations
What does this mean to you when hiring a foreign national?
  The LMO is not always a guarantee!
          Hiring a Foreign Faculty
Once the signed Letter of Appointment is received from a
   foreign new faculty, what happens next:
•   Application for a Labour Market Opinion must be made
    and an LMO Confirmation must be obtained
•   The foreign new faculty must obtain a work permit with
    an LMO Confirmation
•   All LMO’s are valid for 6 months
•   Upon re-appointment of the foreign faculty, a new
    Labour Market Opinion must be obtained in order for
    the faculty member to renew his work permit (unless
    s/he has since received their PR status/card)
Who doesn’t need an LMO Confirmation
Most foreign workers require a work permit but in
 some cases, no LMO Confirmation is needed:
   • Guest Lecturer
   • Visiting Professors
   • Post Doctoral Fellows
   • Research Award Recipients
   • International Agreements such as NAFTA,
     CCFTA and GATS
Who doesn’t need an LMO Confirmation
Guest Lecturer:
   • Delivers a series of lectures or talks
   • Holds a position for a period of less than one academic
     term or semester
   • No requirement to be a professor
   • Does not have to hold a PhD
   • Mainly used for someone staying for longer than 5 days
     to present but less than an academic term (academic
     term is to be defined by the University & must be within
   • HRSDC LMO exempt (C22)
  Who doesn’t need an LMO Confirmation

Visiting Professor
   • Works for a period of not more than two academic
   • Retains their position abroad and MUST be returning
     to his/her position abroad (proof must be provided in
     form of a letter of intent to return)
   • Must meet the requirements of the NOC description
     for a Professor (NOC 4122)
   • HRSDC LMO exempt (C22)
Who doesn’t need an LMO Confirmation
Post Doctoral Fellows
   • Candidate has completed a Ph.D. or equivalent
     (CIC will accept the University’s word that the
     candidate has equivalent qualifications for a PhD)
   • Works in a field related to that in which they
     earned their Ph.D.
   • Appointed to a time-limited position granting a
     stipend or salary
   • HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
Research Award Recipient
   • Applies only to persons who are the direct recipients
     of an academic research award paid by a:
      • Canadian source, or
      • foreign source
   • Researchers working for other award recipients are
     not covered under this provision – i.e. Research
     Assistants, Graduate Students
   • HRSDC LMO exempt (C44)
Who doesn’t need an LMO Confirmation
International Agreements
   • North American Free Trade Agreement (NAFTA):
     applies to citizens of USA and Mexico only –
     HRSDC LMO exempt (T23)
   • Canada Chile Free Trade Agreement (CCFTA):
     applies to citizens of Chile only – HRSDC LMO
     exempt (T23)
   • General Agreement on Trade & Services (GATS):
     applies to citizens of the WTO Member Nation (or
     PR of Australia or New Zealand) – only applies to
     specific occupations – HRSDC LMO exempt (T33)
           Hiring Foreign non-Faculty
RA/TA / Lab Techs / Visiting Scholars / Staff
   • If the foreign hire is NOT a student with uWaterloo AND
     they do not fall into one of the categories previously
     mentioned, then an LMO Confirmation IS required before
     a Work Permit will be issued
   • Depending on the type of work, number of hours to be
     worked, salary offered, length of contract, and
     advertising done for the position, an LMO is very difficult
     to obtain
   • Contact me right away to find out what needs to be done
         The Labour Market Opinion
HRSDC forms: www.watport.uwaterloo.ca
•   What are they: Recruitment Summary Form & the
    Foreign Worker Application – Application for Labour
    Market Opinion
•   Where to find them:
•   How to complete them:
•   To Whom do they go to:
How to complete the LMO Application Forms
 •       Download the form from the WatPort site – this is
         necessary as there are some completed fields already that
         change on an annual basis with up-to-date information
     –      Changes to Box 65 re: Union status

 •       Follow the instructions on the step-by-step guide and
         there should be no problems – if there is, call me!
 •       In most instances, all forms must be sent over to the VP –
         Academic for signing/approval (for faculty positions only)
 •       Once completed, follow the instructions on the first web-
         page (General Information) to send it to Saint John, NB for
         faculty positions and Downsview, ON for all others
 •       If you receive a denial of the LMO, call me!
             LMO Confirmation
•   Normal turn-around time from time of fax to receipt of
    the LMO Confirmation is 48 hours for faculty
    positions & 2 to 3 weeks for all other positions
•   If you are called by HRSDC, they are simply looking
    to clarify a point – most likely something they could
    not read because of the fax transmission!
•   Make sure to keep a copy of the LMO Confirmation in
    the employee’s file in either the Dean’s or Chair’s
•   The original fax must be given to the new employee
    for them to include with their work permit application
                    The Work Permit
Once the LMO Confirmation is received by your new employee,
   they must do the following:
•   Download a work permit application form:
•   Follow the instructions given on the WatPort site:
•   The actual work permit is not issued to the new employee
    until they enter Canada at any port of entry – they will only
    receive a Letter of Confirmation of Work Permit, which they
    must present at the port of entry along with supporting
             What Happens Next

Once your foreign new faculty arrive on campus:
•   Be sure to ask for a copy of their work permit to add
    to their employee file (this will help you to remember
    to apply for a new LMO when it comes time for the
•   Point them to the WatPort site or refer them directly
    to me for any questions related to relocation
•   Call me or refer me to the foreign new employee if
    they have any questions about spousal/partner work
    permits or are looking to apply for PR
                    Extension of LMO
When it’s time for the foreign employee to be re-appointed:
•    Make sure that the faculty member has not already received
     PR – applying and having an application in the process does
     not negate the fact that they still need a work permit to be
     legally paid for their work!
•    Once the re-appointment letter has been signed, Application for
     a Labour Market Opinion must be completed and faxed to Saint
     John, NB for faculty positions and Downsview, ON for all others
•    The form can be downloaded from the WatPort site:
    If an LMO was needed the first time to get the work permit, a
    new LMO will be needed for the re-appointment!
   Other areas WatPort can assist with
• During the Candidate interview date:
   – 30 minute meeting with the Candidate to answer any
     immediate questions about relocation
   – Provide a “Welcome Package” of information about the
     uWaterloo & KW community

• When an Acceptance is received from the Candidate:
   – If no opportunity was given to meet the Candidate during
     their interview date, a “Welcome Package” will be sent
   – Contact made via email with the Candidate/New Faculty
     to offer assistance with relocation
   – Area tour if candidate is in KW for a “house-hunting” trip
      Other areas WatPort can assist with

• New Faculty already in Waterloo
   – Provide guidance/advice/assistance with Provincial
     Nominee applications for New Faculty
   – Provide immigration advice/guidance for any “unusual” non-
     Canadian hire and/or visitor
   – Assistance/guidance with LMO renewal applications
   – Rental posting site specific for faculty and staff only for
     sabbatical and/or non-sabbatical rentals

       Recruitment                                   Support                                 Retention

                                                                                    Assistance with permanent residency
     Meet during interview day          Welcoming Events in Jan., June, & Sept.                 applications
 CD & Website of Resettlement Info      Info Sessions on Academic Support Units          Advice & guidence with re-
 Email before signing letter of offer   Lunch & Learns through CTE & WatPort           appointments of foreign faculty
       Immigration Assistance                   Immigration Assistance               Career and/or job-search assist for
                                                                                      spouses/partners of new faculty

To provide as much information to the     To provide a first-point of contact for
                                                                                    To provide "as-needed" assistance to
candidate to allow them to make the        both the new faculty & their family
                                                                                      new faculty & their family as they
   best & most informed choice on          during their resettlement phase to
                                                                                         make Waterloo their home
    whether to work at uWaterloo                        Waterloo
           How to reach me….
•   On campus: GSC 138
•   By phone: 519-888-4567 ext. 36332
•   By fax: 519-746-3242 or 519-888-4341
•   By mobile: 519-498-4277
•   By email: fhanniga@uwaterloo.ca
•   On the web: www.watport.uwaterloo.ca

           Thank you for your time!

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