Canada is a rustic constructed from immigration and by immigrants. In lower than 500 years, Canada has positioned itself as probably the greatest international locations to stay in and stays a frontrunner by way of immigration locations.
Whereas lecturers and practitioners have centered extra often on the case of low-wage non permanent overseas employees over the previous decade, right here I’ll delve primarily into Canadian high-wage immigration, though a few of my observations may also apply to the low-wage class.
From a enterprise perspective, hiring high-wage employees gives substantial benefits for Canadian employers, providing a strategic answer to the rising native abilities scarcity that many corporations face. Certainly, regardless of extended searches for certified native professionals, many employers are unable to search out Canadian residents or everlasting residents to fill obtainable positions in Canada. This compels them to search for worldwide expertise to fulfill their important enterprise wants. Right here, a process generally known as an software for a Labour Market Impression Evaluation (LMIA) comes into play.
The Non permanent International Employee Programme (TFWP) permits Canadian employers to rent overseas nationals to fill labour shortages in Canada. By means of the TFWP, a LMIA and a short lived work allow are required earlier than a overseas nationwide can start to work for a Canadian employer. A LMIA is a doc that serves as proof that there will likely be a optimistic or impartial impression on the Canadian labour market if the employer hires the overseas employee. It additionally serves to point that the employer was not capable of finding an area employee to fill a selected place. The LMIA course of can differ relying on whether or not the place provided to the focused worker is assessed as ‘high-wage’ or ‘low-wage’.
Non permanent overseas employees being paid underneath the provincial/territorial median wage are thought of to carry a low-wage place, whereas these being paid at or above the median wage are thought of to carry a high-wage place.
As a part of the processing of an LMIA software, the federal authorities makes certain that the employer is authentic and it’ll provide working situations, together with a wage, that will likely be much like what can be provided to Canadian residents and everlasting residents in the identical place in the identical area. The truth is, this base precept applies to each high-wage and low-wage employees.
Excessive-wage employees permit corporations to strengthen their financial place, giving them a aggressive benefit in sectors the place expertise and experience are briefly provide. We should do not forget that Canada stays – regardless of its huge territory – a ‘small’ nation with a stable financial system and lots of diversified industries which, if we would like them to stay in Canada or proceed to be sustainable, require the recruitment of overseas expertise. Certainly, overseas employees convey precious expertise, data and abilities that permit Canadian corporations to remain in Canada, and elevate their international competitiveness, significantly in high-demand fields similar to know-how, engineering, healthcare and finance.
Furthermore, by hiring overseas expertise, companies additionally enrich their inner range, fostering an atmosphere that encourages creativity, drives innovation and cultivates a deeper understanding of world markets – key components that supply a definite edge within the market. On this regard, using overseas employees not solely helps the expansion of Canadian companies but additionally facilitates their growth into worldwide markets, thus capitalising on the expertise and cultural insights of workers accustomed to various international locations and economies.
Within the present international financial context, if Canada goals to realize the extent of progress, improvement and innovation seen in america, China or the European Union – territories with considerably bigger populations – it might want to entice one of the best expertise from world wide, notably famend scientists, professionals and leaders who can drive the worldwide growth of Canadian corporations. Likewise, Canadians are sometimes known as upon to work overseas to contribute to the event of different international locations.
Illustratively, that is notably the case for workers of Hydro-Québec – a Quebec Crown company that may be a international reference in hydroelectricity – who’re despatched overseas, together with to China, to share their data and switch our Canadian know-how. To proceed to be recognised elsewhere, we additionally want overseas expertise on Canadian soil.
To make sure, behind each overseas employee driving the expansion of the Canadian market, there’s a one that has left their residence nation in the hunt for a greater life or who needs to proceed to try professionally. Many expert employees arrive in Canada with their households, hoping to construct a extra promising future, looking for peace, acceptance and alternative.
In my position as an immigration lawyer, I’ve met and labored with many overseas employees who, by means of the Canadian immigration system, had been capable of entry particular parallel immigration programmes which have supported their spouses (married or common-law) and their kids. Canada was, a few years in the past, one of many first international locations on this planet with a system that facilitated the admission of spouses and kids, in addition to one of many first to confess same-sex companions. That stated, high-wage overseas employees’ optimistic experiences have to be understood in distinction with low-wage and fewer certified people who additionally undergo TFWPs, nonetheless, with some completely different necessities. Correct steering and help stay the principle and probably the one method to correctly navigate the programmes and be sure that human dignity is stored on the centre of all selections and decisions.
When overseas employees really feel valued and appreciated, it results in better job satisfaction, improved retention charges and heightened motivation to contribute to the success of companies and Canada usually. Their sense of belonging and recognition motivates them to excel, which advantages not solely the corporate but additionally the broader Canadian society. These employees usually develop into precious mentors to their colleagues, sharing data and providing steering that may foster skilled progress and profession development.
One particular case drew my consideration throughout my profession. Over 25 years in the past, in direction of the top of the ‘Escobar years’ in Colombia, a extremely specialised Colombian govt would depart for work each morning in an armoured automotive. Their kids additionally travelled to high school in an armoured automotive, their lives being in any other case in danger. The recruitment of this individual by a Canadian firm allowed the latter to faucet into sought-after experience, thus addressing a number of environmental, social and governance (ESG) components for its advantages as a Canadian company in addition to the ESG targets of Canada as a rustic. Now a Canadian citizen, this individual talked about remembering the sensation of pleasure and peace they skilled the day they realised that their kids had been secure in Canada, that kids may exit alone with their buddies with out fearing that they might be kidnapped, drugged, raped or killed. Moreover, these kids, now adults, contribute considerably to the event of Canada, as many others do.
We can’t underestimate the numerous human advantages of the arrival of those people in Canada. By hiring individuals from various backgrounds, corporations not solely contribute to the cultural richness of the Canadian workforce but additionally foster cultural exchanges and understanding.
From my perspective, taking a look at certified overseas employee hiring in Canada, I argue that overseas expertise doesn’t hurt the Canadian labour market. Quite the opposite, these overseas employees convey precious abilities that allow Canadian employers to higher compete in international markets, drive innovation, create jobs for Canadians, and contribute considerably to general financial progress – all whereas respecting and honouring humanity with a system that has safeguards that make employers responsible for any infraction, breaches or non-compliance.
Canada has put in place an inspection course of to stop Canadian employers from exploiting overseas employees, which requires employers not solely to verify that working situations are revered but additionally that the work atmosphere respects all legal guidelines and rules. My expertise can present nuances to the overarching argument relating to trendy slavery being bolstered by Canadian TFWPs.
Furthermore, work permits restricted to 1 employer don’t stop overseas employees from trying to find new employment and making use of for a brand new work allow, together with with new procedures aimed toward lowering processing occasions.
To conclude, the immigration system in Canada must be understood throughout the parameters of its polarised character. There may be room for variegated actors to open a wider dialogue about how we will enhance our immigration system to permit Canada to proceed rising and innovating. This may assist be sure that we go away a secure nation, each economically and socially, for our kids and grandchildren, the place the rights of all employees, each native and overseas, are revered.
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Jean-Philippe Brunet has been a member of the Canadian Bar Affiliation (CBA) for over 20 years and has served on its govt committee since 2004, together with as President of the Nationwide Part in Immigration and Citizenship Legislation in 2007. He is without doubt one of the few Quebec legal professionals to have devoted his total profession solely to advising companies and businesspeople on immigration issues. He has been the managing associate of Galileo Companions since its basis in 2016. Jean-Philippe often writes on subjects associated to immigration and worldwide mobility in famend media shops, along with being steadily interviewed by numerous media (newspapers, on-line, radio and tv) on sizzling subjects within the area of immigration. He’s additionally an everyday speaker on provincial, nationwide and worldwide panels.
Picture credit score: Marija Zaric through Unsplash
