Employing and Hosting Foreign Nationals
Approval Date: 2014-07-03
Effective Date: 2014-08-05
Review Date: 2018-07-03
The Provost and Vice President (Academic) through the Director of the Department of Human Resources and the Director of the Office of Faculty Relations
To outline the authority, responsibilities and procedures for recruiting, employing and hosting Foreign Workers and Visitors across the University in accordance with the Immigration and Refugee Protection Act, 2001 and the regulations made pursuant to that Act.
All university employees, visitors and candidates for employment who are neither Canadians nor Permanent Residents of Canada.
Citizenship and Immigration Canada (CIC) - department of the Government of Canada responsible for issues dealing with immigration and citizenship.
Employment and Social Development Canada (ESDC) - department of the Government of Canada responsible for accessing employer’s applications to hire temporary foreign workers and issuing labour market opinions.
Foreign National - a person who is not a Canadian citizen or a Permanent Resident of Canada.
Foreign Worker - a temporary resident who is legally entitled to work in Canada on a temporary basis.
International Student - a student in Canada temporarily for the purpose of short term or long term study who is not a Canadian citizen and who does not have permanent residency status
Labour Market Impact Assessment (LMIA) - a document that an employer in Canada must normally obtain before hiring a foreign worker. It is an opinion from the ESDC that assesses the offer of employment to a Foreign National and the impact of the offer on the Canadian labour market.
Permanent Residency - compliance of a permanent resident with the residency obligation as defined in the Immigration and Refugee Protection Act, S.C. 2001 with respect to every five year period
Permanent Resident - a person who has legally immigrated to Canada but is not yet a Canadian citizen.
Study Permit - a legal document issued by CIC that authorizes a foreign national to study at an educational institution in Canada for the duration of the program of study.
Temporary Resident - a Foreign National who is in Canada temporarily as a foreign worker, student or visitor.
Temporary Resident Visa (TRV) - an official document issued by a Canadian visa office abroad to show that a Temporary Resident has met the requirements for admission to Canada as a temporary resident (a worker, student or visitor).
Unit - Academic or administrative unit as defined in the University Calendar
Unit Head - For the purposes of this policy, unit head is the term used to mean Deans, Department Heads, Division Heads, Heads of Schools, Directors, Executive Directors, University Librarian, University Registrar and other senior administrators at a comparable level; Associate Vice-Presidents and Vice-Presidents, as applicable.
University - Memorial University of Newfoundland.
Visitor - a person invited to the University, including distinguished professors, researchers, scholars, or a person from private sector coming to Memorial University to teach, conduct research, collaborate or consult on a short-term, temporary basis.
Work Permit - a legal document issued by CIC that authorizes a Foreign National to work legally in Canada.
1.0 Legal Framework
The University complies with all applicable immigration legislation, regulations and conditions pertaining to the employment of Foreign Workers and hosting of Foreign Nationals established by the Government of Canada.
Recruiting, employing and hosting decisions pertaining to Foreign Nationals are made in accordance with the Immigration and Refugee Protection Act, 2001 and the Immigration and Refugee Protection Regulations, 2002, as amended from time to time,and any prescribed procedures established by CIC and ESDC, as well as any applicable collective agreements, policies and procedures.
2.1 In Accordance with section 91 of the Immigration and Refugee Protection Act, 2001, only authorized representatives and certified immigration consultants can provide immigration advice to Foreign Nationals. Immigration inquiries regarding employees, visitors and candidates for employment who are not Canadians and are not Permanent Residents of Canada must be directed to CIC, to the Department of Human Resources or to the Office of Faculty Relations.
2.2 All candidates for employment will be encouraged to apply for advertised positions with priority being given to Canadian citizens and permanent residents of Canada. Appointments of faculty and staff are in accordance with applicable legislation, University collective agreements, policies and procedures.
2.3 Unless specifically exempted under CIC regulations, an individual who is neither a Canadian Citizen nor Permanent Resident of Canada shall only be employed at the University if he/she possesses a valid work authorization issued by ESDC and/or CIC.
2.4 Visitors to the University who are neither a Canadian Citizen nor Permanent Resident of Canada are required to contact CIC prior to arrival to ensure that they have the necessary immigration documentation to visit/work at the University. For further information on the required immigration documentation, please see the related procedure in the procedures section of this policy.
2.5 Foreign Nationals requiring work authorization to engage in employment at the University who accept a permanent position at the University are encouraged to apply for permanent residency in Canada immediately upon accepting the permanent position or upon arrival in Canada.
3.0 Roles and Responsibilities
The University shall ensure that it meets its commitments to Foreign Workers regarding wages, terms of employment and location/type of activities to be carried out as listed in the job offer and LMIA, when applicable.
Responsibility for seeking and receiving a LMIA from ESDC rests with the University. The University, as the employer, is required to submit a LMIA application to ESDC, when applicable, requesting the issuance of a positive confirmation letter for temporary employment.
The University shall also ensure that all Foreign Workers have valid work authorization and are working in accordance with the conditions and time limits outlined on their work authorization documents.
3.2 The Office of Faculty Relations and the Department of Human Resources
The Office of Faculty Relations and the Department of Human Resources are responsible for ensuring the University’s compliance with all applicable immigration legislation, regulations and conditions pertaining to the employment of Foreign Workers and hosting of Foreign Nationals established by the Government of Canada.
3.3 Other Units
All Units hiring or hosting Foreign Nationals must consult with the Office of Faculty Relations and/or the Department of Human Resources to ensure compliance at the various required stages of the immigration process. All matters regarding recruitment and employment of Foreign Nationals for non-academic appointments are to be directed to the Department of Human Resources. Inquiries regarding the recruiting, employing or hosting of academic foreign nationals are to be directed to the Office of Faculty Relations.
Units wishing to extend an employee on a work or study permit should consult with the appropriate office to start the process of extension as early as possible to avoid unnecessary delays in work permit processing in accordance with the Procedure for Extending an Appointment for a Foreign National.
3.4 Foreign Workers
Foreign Workers are responsible for obtaining and providing proof of valid work authorization to engage in employment at the University. Application for work authorization and maintaining the validity of such authorization is the responsibility of the Foreign Worker.
Foreign Workers employed at the University on a work permit are required to renew their work authorization documents if their appointment is to continue beyond the expiry of their current work permit.
Foreign Workers who are not eligible for participation in the University’s Group Life and Health Benefits Plan are responsible to purchase private medical insurance before arriving in Canada. If eligible, Foreign Workers are also responsible to apply to the Medical Care Program (MCP) upon arrival in Canada.
4.0 Employment of Foreign Nationals
- The statement “All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority” appears on all advertisements.
- All posted positions are advertised for a reasonable length of time to allow broad exposure of the vacancy to Canadians and Permanent Residents who would be potential candidates for the advertised position. Consideration shall be given to minimum advertising LMIA guidelines and applicable collective agreements.
- Positions advertised abroad shall also be advertised simultaneously in Canada.
- Recruitment efforts shall be consistent with the practice within the occupation of the advertised position
4.2 Selection and Offer of Employment
- Qualified Canadians and Permanent Residents will be given first priority for advertised appointments.
- Canadians and Permanent Residents determined to be qualified and meet criteria defined by the search process will be offered an advertised position before it is offered to a Foreign National candidate.
- All offers of employment to Foreign National’s who are working in Canada are conditional upon confirmation of legal entitlement to work in the offered position.
4.3 Eligibility to Work in Canada
- It is the responsibility of the Foreign National to apply to the appropriate Canadian visa office for work authorization. Normally, applications for a Work Permit must be made from outside of Canada.
4.4 Post Appointment
- Units will consult with the Department of Human Resources or the Office of Faculty Relations before or during a visitor’s stay or before or during a Foreign Worker’s appointment if there are changes to: duration of stay, length of appointment, financial support, classification, extension, location or type of activities to be carried out. A separate immigration procedure and/or letter may be required.
5.0 Employment of Foreign Postdoctoral Fellows
Appointments of Postdoctoral Fellows will be made in accordance with the Collective Agreement between Memorial University of Newfoundland and the Lecturers' Union of Memorial University of Newfoundland on behalf of Postdoctoral Fellows of Memorial University of Newfoundland. Subject to CIC regulations, foreign Postdoctoral Fellows can be admitted to Canada to work as temporary Foreign Workers without an LMIA. For further information see Procedure for Hiring Foreign Postdoctoral Fellows.
6.0 Employment of International Students
Subject to and in accordance with CIC regulations, an International Student of the University who has a valid student permit may work at the campus in which he/she is registered as a full-time student. Campus includes campuses owned by the University within the same municipality. International students seeking employment at the University must ensure they have the appropriate immigration documentation and are in compliance with the appropriate regulations as stipulated by CIC. Hours of work shall not exceed the maximum number of hours permitted to maintain full-time status as an undergraduate or graduate student.
Units hiring International Students for academic or non-academic employment must consult with the appropriate collective agreement and/or procedure, if applicable, to ensure that all criteria are met prior to extending an offer of employment and as well comply with the Student Employment policy.
7.0 Hosting of Foreign Nationals
The University invites visitors from around the world. Common visitor categories include, but are not limited to:
- Visiting Professors
- Guest Lecturers
- Research Award Recipients
- Self-Funded Researchers
- Visiting Scholars
- External Reviewers and Examiners
- Workers exempt through international agreements
Prior to invitation, Units should consult with the appropriate University policy or procedure and ensure that the appropriate criteria are met. For further information on the categories above see the related procedure in the procedures section of this policy.
Letter of Invitation
- All letters of invitation to Foreign Nationals are contingent upon the Foreign National obtaining any necessary immigration approvals, authorizations and/or permits in respect to their visit to the University.
8.0 Permanent Residency
If workers are coming to live and work in Canada permanently, application for permanent residency should be sought as soon as possible after the initial appointment. Information on permanent residency is available by contacting Citizenship and Immigration, the Provincial Nominee Program Office, or the Office of Faculty Relations.
9.0 Immigration Fees
Reimbursement for work visa application fees, permanent resident application fees, and permanent resident application fees for spouse and dependent children, payable to Citizenship and Immigration Canada, will be handled in accordance with the University’s Travel – Relocation and Removal policy.
The Immigration and Refugee Protection Act, 2001
The Immigration and Refugee Protection Regulations, 2002
The Foreign Worker Manual
Travel – Guest Lecturers and Other Official Visitors policy
Travel – Pre-Employment Interview policy
Travel – Relocation and Removal policy
Student Employment policy
Postdoctoral Fellows policy
- Procedure for Inviting a Foreign National for an Employment Interview
- Procedure for Hiring Foreign Postdoctoral Fellows
- Procedure for Hiring Foreign Nationals for an Academic Position
- Procedure for Inviting Foreign Visiting Professors
- Procedure for Inviting Foreign Self-funded Researchers
- Procedure for Inviting a Foreign Guest Lecturer
- Procedure for Inviting a Foreign Guest Speaker
- Procedure for Extending an Appointment for Foreign Workers