The change in the Federal Immigration regulations has led to a rise in the number of points needed to qualify and be a successful immigrant to Canada. However, most of the applicants prefer jobs approved by the HRDC i.e., the Human Resource Development Canada or a work permit within the shortest duration of time. Many different methods of obtaining a temporary or a permanent job offer are pursued so as to add an extra 10 points to their permanent visa application.
Although, it is not realised by most applicants that there is a major difference between a temporary and a permanent work permit.
How to go about getting a temporary work permit?
The process would start by the initiation of a Canadian employer or a company in search for employees within Canada. In case, candidates with the required skill sets are missing, then the organization or the employer would look overseas for such candidates. After identifying such an individual, the company could then apply to the HRSDC (formerly known as HRDC) on behalf of the future employee of the company to get a Labour Market Opinion (LMO) about the job that has been offered to the foreign national. When such an application is filed to the HRSDC, the government would consider the below mentioned factors before concluding on an apt decision about the approval of the job offer –
- It should be an authentic job offer.
- The wages and the working conditions should be similar when compared to those offered to fellow Canadians in the same occupation.
- An effort has been taken by the employer to hire and train Canadians for the same job.
- The foreign candidate is only catering to the labour shortage in the specific field.
- The employment of the particular foreign national would lead to more career opportunities or aid in retaining of the jobs for the Canadians.
- New skills and knowledge would be passed on to Canadians, thus ensuring better training and development.
- A void or a gap should not be created in the Canadian labour market due to the hiring of the foreign national.
If the above conditions are met, the Canadian company or the employer is allowed to hire the foreign national to work in his/the organization. If this application is approved, this is followed by the submission of a visa application form at a visa office outside Canada. Incase, a visa is not required by the candidate; application could be made at the border or the port of entry.
It has to be realised that a job offer can be considered to be an authorised one only when the Canadian company or the employer has not been able to find a suitable employee within the country. Also, shortage of skilled employees specific to niche areas varies from one area to the other within the country. Currently, there is a shortage of skilled labourers in areas such as Diesel mechanics, Tool and Die makers, CNC machinists, Cooks, Welders etc.
However, as to the white collar jobs, no specific need has come up which could be filled by external labour. Hence, it would be difficult to obtain work permits for occupations such as senior executives, marketing personnel, accountants etc. Hiring in such fields could only happen in case of unforeseen circumstances that would require the hiring of a foreign national.
Process of obtaining a Permanent job offer for immigration application:
The Canadian employers are now permitted to hire foreign nationals permanently unless the candidate joins work after being allotted an immigrant visa. This is according to the new immigration regulations brought out by the Canadian government. Here, it has to be noted that an immigrant visa requires a much longer time to be obtained when compared to a temporary work permit. Hence, for a permanent job offer, the Canadian company or the employer has to ensure the completion and the submission of a separate application form with the other necessary documents to the HRSDC to get an Arrangement Employment Opinion (AEO).
An AEO is granted on the following factors –
- The job offer should be permanent and authentic.
- The working conditions and the remuneration should be similar to those offered to the Canadians in the same occupation.
- The offer should be full time and not contractual.
- The job offered should have a skill level of O, A and B on the NOC list.
- The offer should not be from the Quebec province.
In case, the application is approved, an addition of 10 points would be credited for an arranged job offer and another 5 points for the factor of adaptability. Here, a void in the shortage of labour need not be proved by the employer so as to get an AEO.
It has to be remembered that though it might seem to be an easy process, most employers are not very keen to be a part of this process since it is highly time consuming (might take a few years in some cases) to obtain a permanent immigration by a foreign national and to come, live and work in the country.
Many agents exploit expecting applicants on the basis of these extra 15 points by making false promises and duping, of getting them a permanent job offer and charging a huge some of money in return.
The Canadian government has taken measures to overcome illegal measures of gaining such job offers by bringing about a strict licensing programme for immigration consultants and a code of conduct for the immigration lawyers. In addition to this, checks are carried out by the government regarding the background of the employers or the companies offering jobs. Inspire of such measures, illegal means still continue to find their way in to the lives of the innocent.
The author has one simple advice to all the applicants who wish to file for a Permanent Resident Visa in Canada under the Federal Skilled Worker class for the job offers or arranged offer of employment section. He recommends following this route only if they have a genuine job offer. If not, they can face problems, be cheated leading to heavy financial losses. If you are not qualified for Canada immigration, in the absence of additional points, look for another appropriate immigration destination in which you qualify without the use of an improper document or representation. Ensure that your first immigration is done the right way without any hassles.