Long processing delays to Canada are pushing applicants to identify early entry employment opportunities. Applicants from a few visa-exempt countries are the most employable under the temporary foreign worker program.
Applications for permanent residence under Canada’s economic class including the skilled worker program entail lengthy processing delays that often exceed the expectations and objectives of applicants. Delays to visa issuance at Canadian visa offices abroad in the leading source countries for immigrants to Canada including China, India, Pakistan and the Philippines routinely surpass five years in processing time.
But with the demand for labour far exceeding the available supply in certain trades’ and other occupations in many regions of Canada, some immigrants to Canada may be readily employable even before the issuance of their permanent residence visas.
Alternative solutions promoting early entry may be available by way of temporary admissions to Canada though the temporary Foreign Worker Program or the Provincial Nominee Program (PNP).
As a general rule, the hiring of a temporary foreign worker requires the issuance of a positive Labour Market Opinion from Human Resources and Social Development Canada (HRSDC) which confirms that the job offer is genuine and that the hiring of a foreigner is likely to have a neutral or positive effect on the labour market in Canada. For many employers who have hired a foreign worker, they are no doubt familiar with the labour market opinion process which can be characterized as time consuming and bureaucratic as government authorities require employers to demonstrate substantive efforts to prove that no qualified Canadians are available, along with other formalities.
Applying for admission to Canada as a permanent resident under the Provincial Nominee Program (PNP) will follow a different and generally, a far more expedited process (9-12 months in most cases) than if the application is approved under the Federal skilled worker program. In some instances persons who are otherwise not qualified for admission under the Federal skilled worker program, may qualify for admission to Canada under a PNP and may even qualify for a temporary work permit in the interim, allowing for early entry to Canada for the applicant and their accompanying dependants.
Determining whether to first apply for a positive HRSDC labour market opinion or to seek nomination under the PNP program is an issue that even the most experienced immigration practitioners are routinely faced.
But one important issue regarding the employment expectations of immigrants to Canada must not be overlooked. Prospective applicants who are weighing the merits of seeking early entry should be ordinarily resident in countries that do not require visitor visas to Canada and who can easily visit Canada without visa formalities. Employers in Canada will rarely hire a new employee and undergo the arduous employer sponsorship of an individual who cannot easily attend a personal interview with the employer. And, applicants requiring visitor visas to visit Canada, unlike those who do not, must process their work permit applications at Canadian visa offices outside Canada, where delays to work permit issuance are often considerably longer than an employer will knowingly agree to wait.
“Canada’s immigration program is becoming employer driven and this is pushing immigrants to try and find a sponsoring employer to beat the long back-logs” says Immigration Attorney and employment specialist Colin R. Singer. Immigration practitioners with skilled worker practices are trying to partner with employment recruiters to assist their clients in locating early entry employment opportunities. Some online immigration service providers try to offer referral type services to would-be immigrants who hope to secure early entry work permits. But the truth should be told that only a fraction of the intending immigrants to Canada would likely qualify for early entry employer sponsorship. “Applicants who require a visitor’s visa to enter Canada must not be misled into believing that there are employers waiting to offer them employment”, explains Singer. “If you reside in a visa required country your chances of being hired without a personal interview are marginal.” “The majority of employers who would be willing to offer attractive hiring packages are not willing to hire sight unseen and then undergo a long and largely bureaucratic hiring process”, warns Singer who is a credentialed employment conference speaker in Canada.
In some instances, an “arranged job offer” by itself, which is then matched up to a pending permanent residence application can provide additional points under the federal skilled worker program. But unlike the more formal employer sponsored work permit, arranged employment does not expedite the immigration application process.
For some highly qualified individuals from visa exempt countries an early entry employment project may be a viable option. But for the vast majority of the close to 800,000 would be immigrants currently undergoing the processing of their permanent residence applications at Canada’s visa offices, patience cannot be overstated.
Interested readers are invited to contact Attorney Colin R. Singer, CHRP (Toll Free in North America 1-888-817-2011) or by email – csinger@immigration.ca to discuss any issue related to the foregoing.
DISCLAIMER:
This writing has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
