Hiring a Foreign National

Planning to accept resumes from foreign nationals? Review your responsibilities and requirements.

New amendments to regulations temporarily affecting foreign nationals
As of January 1, 2023, the Canadian government temporarily prohibits non-Canadians from purchasing residential homes for two years. Amendments that came into force on March 27, 2023, expand exceptions to allow Non-Canadians to purchase a home in certain circumstances. Review the information sheet or visit Prohibition on the Purchase of Residential Property by Non-Canadians Act.
Academic foreign workers

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
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.).
Your responsibility as an employer

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

Note: Ensure that all recruitment files involving foreign nationals are retained for a minimum of six years.

2. Design or evaluate the position

Academic workers
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.

Visit additional steps to design and evaluate the position.

4. Advertise the position

All job postings in advertisements must be identical.

View our advertising tip sheet.

Non-academic workers

  • Plan to 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.
Academic workers
  • Plan to 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. Provide a copy of the advertisement and information to support where, when and for how long the position was advertised.

10. Complete the Labour Market Impact Assessment application
Once you have a signed offer letter, complete the LMIA application (ESDC-EMP5626) forms and LMIA cover sheet and checklist using the guidelines for completing LMIA for detailed instructions. The documentation you have kept throughout the recruitment process will support your application.

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.
11. Submit your LMIA application to the Staff Service Centre
Submit the complete application, with the additional documents noted in the cover sheet, to the Staff Service Centre for review and submission.
13. Prepare your candidate for work at the university

Need support?

Shared Services (via the Staff Service Centre) can provide support related to initial candidate screening.

The Talent Acquisition Support team (via the Staff Service Centre) can provide support related to job postings, immigration and coordinating recall and duty to accommodate processes.

Your HR Service Partner can provide support for interviews at the leadership level and any other questions throughout the steps for recruitment.

Quick Links

Information for Foreign Nationals

Foreign, Canadian and Academic Visitors

Information Sheet: Purchase of Residential Property by non-Canadians

Resources

Government of Canada

Temporary Foreign Workers

Questions?
Visit the Staff Service Centre.