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Memorial University of Newfoundland

  Memorial University of Newfoundland

Employing and Hosting Foreign Nationals

Approval Date: 2014-07-03

Effective Date: 2014-08-05

Review Date: 2018-07-03

Authority:

The Provost and Vice President (Academic) through the Director of the Department of Human Resources and the Director of the Office of Faculty Relations

Purpose

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.

Scope

All university employees, visitors and candidates for employment who are neither Canadians nor Permanent Residents of Canada.

Definitions

CIC — Citizenship and Immigration Canada. A department of the Government of Canada responsible for issues dealing with immigration and citizenship.

ESDC — Employment and Social Development Canada. 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.

LMIA — Labour Market Impact Assessment. 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.

TRV — Temporary Resident Visa. 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.

Policy

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 Act2001 and the Immigration and Refugee Protection Regulations, 2002as amended from time to time,and any prescribed procedures established by CIC and ESDC, as well as any applicable collective agreements, policies and procedures.

 2.0  General

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

3.1 University

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

4.1 Recruitment

4.2 Selection and Offer of Employment

4.3 Eligibility to Work in Canada

4.4 Post Appointment

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:

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

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.

Related Documents

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

Procedures

For inquiries related to this policy:

Office of Faculty Relations (709) 864-4732

Sponsor: Provost and Vice-President (Academic)

Category: People Resources

Previous Versions:

There is at least one previous version of this policy. Contact the Policy Office to view earlier version(s)

Approval Date 2014-07-03   Effective Date 2014-07-03

Procedure for Extending an Appointment for Foreign Workers

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

Foreign Workers employed at the University on a work or study permit are required to renew their work authorization documents if their appointment is extended beyond the expiry of their current work authorization. As such, 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.

Steps for Unit

 1) To extend the appointment of a Foreign Worker occupying an academic position, a completed “Recommendation for Academic Appointment” form should be forwarded to the office of Faculty Relations for processing. Upon receipt of the letter a representative from that office will contact the foreign national to provide information on applying for a Work Permit extension.

2) To extend the appointment of a Foreign Worker occupying a non-academic position the appropriate extension documentation should be forwarded to the Department of Human Resources. Documentation should include the extension date, funding source changes (if applicable) and appropriate authorization.  

3) To extend the appointment of a Postdoctoral Fellow, the Unit shall prepare a letter of extension outlining the extension date, funding source changes (if applicable) and appropriate authorization. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate. A copy of the letter should be sent directly to payroll for processing, copying the supervisor, Department Head, and Office of Faculty Relations. Upon receipt of the letter a representative from the Office of Faculty Relations will contact the Postdoctoral Fellow to provide information on applying for a Work Permit extension.

4) Letters of extension for Foreign Workers will contain the following phrase:

This extension is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act. Please note that it is your responsibility to maintain your immigration status in order to retain this position. If you have any questions please contact the Office of Faculty Relations at 864-4732.

 5) Upon receiving a copy of the new work permit and Social Insurance Number (SIN) extension, the employing Unit will forward a copy of both documents to the Department of Human Resources and, in the case of an extension of an academic appointment, to the Office of Faculty Relations.

Steps for Foreign Worker

1) At his/her earliest opportunity the Foreign Worker must ensure that he/she renews the work permit for the duration of the appointment extension.

 2) For information on extending a stay in Canada and to complete the appropriate application form to renew a temporary work permit the Foreign Worker must consult with the CIC website at http://www.cic.gc.ca/english/work/extend-stay.asp. The application for extension must be submitted prior to the expiry date of the current work permit.

 3) The Foreign Worker will also be required to pay a processing fee prior to submitting the application.

 4) Upon receipt of the new work permit, the Foreign Worker must forward a copy to the employing unit, who will then forward copies to the Department of Human Resources, and the Office of Faculty Relations.

 5) Upon receipt of the new work permit, the Foreign Worker must also apply for renewal of their SIN card.  For information on renewing a SIN card and to find the closest office, visit the Service Canada website at http://www.servicecanada.gc.ca/eng/sin/apply/how.shtml.

 6) In cases where a Foreign Worker is not eligible for participation in the University’s Group Health and Life Benefits, they are also responsible to renew their private medical insurance for the period of extension.


Procedure for Hiring Foreign Nationals for an Academic Position

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

A Work Permit is required for Foreign Nationals who accept an academic appointment with the University.  Normally, Foreign Nationals who will be entering Canada as temporary workers are required to have offers of employment confirmed by Employment and Social Development Canada (ESDC) through a Labour Market Impact Assessment (LMIA) prior to applying for a work permit.

Steps for Unit

1) Following the selection process, the Unit completes and submits the Recommendation for Academic Appointment to the Office of the Provost and Vice-President (Academic).

Steps for the Office of the Provost and Vice-President (Academic)

2) The Office of the Provost and Vice-President (Academic) approves the appointment and extends an offer of employment to the candidate.

All offers of employment to Foreign Nationals’ are subject to the Foreign National obtaining the necessary documentation to work in Canada and at the University, which will be indicated in the offer of employment.

3) The Office of the Provost and Vice-President (Academic) copies the Office of Faculty Relations on the appointment letter to the Foreign National.

Steps for the Office of Faculty Relations

4) LMIA applications are subject to a processing fee. This fee is the responsibility of the Unit hiring the Foreign National. The Office of Faculty Relations forwards the Labour Market Impact Assessment - Processing Payment Fee form to the Unit for completion.

5) The Office of Faculty Relations completes the LMIA application and submits the application, the Foreign Academic Recruitment Summary form and any other required documentation to ESDC.  Prior to submission the Foreign Academic Recruitment Summary form is submitted to the Provost and Vice-President (Academic) for approval.

6) On receipt of the approved LMIA, the Office of Faculty Relations sends the approved LMIA to the Foreign National.

Steps for a Foreign National residing outside of Canada

7) Upon receipt of the approved LMIA the Foreign National must apply for a Work Permit at the visa office responsible for the country or region where s/he lives. Additional documents (i.e., Temporary Resident Visa (TRV), medical examination, police certificate, etc) may also be required.  Requirements for additional documents can be obtained by contacting the visa office.

8) If a work permit is approved, the Canadian visa office will issue a letter which must be presented to an immigration official at the Canadian port of entry. The actual Work Permit is issued at the port of entry. A TRV is also required if the Foreign National is from a country requiring a visa to visit Canada

9) There is a processing fee for a work permit. This fee is payable upon application and is the responsibility of the Foreign National. If the Foreign National is accompanied by dependents and/or from a country requiring a temporary resident visa, additional fees will apply. Information on fees can be found by visiting the Citizenship and Immigration website.

Steps for a Foreign National residing inside Canada

10) Upon receipt of the approved LMIA the Foreign National must apply for a Work Permit. Information on required documentation and the application process to apply within Canada can be found by contacting Citizenship and Immigration Canada (CIC).

11) If the Foreign National holds a work permit which has not expired, s/he must complete and submit the appropriate CIC application to change conditions or extend stay in Canada as a worker and submit where directed.  Information on required documentation and the application process to apply within Canada can be found by contacting the CIC.


Procedure for Hiring Foreign Postdoctoral Fellows

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

Foreign Postdoctoral Fellows must hold a doctoral degree and be appointed to a time-limited position granting a stipend or salary to compensate for periods of teaching, advanced study and/or research. In accordance with CIC, the Postdoctoral Fellow must have completed their doctorate and be working in a related field to be exempt from a Labour Market Impact Assessment (LMIA).  A work permit is required.

Steps for Unit

1) All Foreign Postdoctoral Fellows will receive a letter of appointment. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate.

 2) Letters of appointment for Foreign Postdoctoral Fellows will contain the following phrase:

This offer is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act. Please note that it is your responsibility to maintain your immigration status in order to retain this position. If you have any questions please contact the Office of Faculty Relations at 864-4732.

3) The Office of Faculty Relations will be copied on all letters of appointment for foreign Postdoctoral Fellows. Upon receipt of the letter a representative from the Office of Faculty Relations will contact the Foreign Postdoctoral Fellow to provide information on applying for a Work Permit.

Steps for Foreign Postdoctoral Fellows who reside outside of Canada

4) Upon receipt of the letter of appointment the Foreign Postdoctoral Fellow must apply for a Work Permit at the visa office responsible for the country or region where s/he lives. Additional documents (i.e., TRV, medical examination, police certificate, etc) may also be required.  Requirements for additional documents can be obtained by contacting the visa office.

5) If a Work Permit is approved, the Canadian visa office will issue a letter which must be presented to an immigration official at the Canadian port of entry. The actual Work Permit is issued at the port of entry.

Steps for Foreign Postdoctoral Fellows who reside inside of Canada   

 6) Upon receipt of the letter of appointment the Foreign Postdoctoral Fellow must apply for a Work Permit. Information on required documentation and the application process to apply within Canada can be found by contacting the Office of Faculty Relations or CIC.


Procedure for Inviting a Foreign Guest Lecturer

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

A foreign guest lecturer is a person who is invited to the University to give a series of lectures for a period of less than one academic term or semester. The person must occupy a temporary position of a non-continuing nature which does not comprise a complete academic course. In accordance with CIC, persons who fall under this category are exempt from a LMIA but, do require a work permit.

Steps for Unit

1) All foreign guest lecturers will receive a letter of appointment. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate.

 2) Letters of appointment for foreign guest lecturers will contain the following phrase:

This offer is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act. Please note that it is your responsibility to maintain your immigration status, in order to retain this position. If you have any questions please contact the Office of Faculty Relations at 864-4732.

 3) The Office of Faculty Relations will be copied on all letters of appointment for foreign guest lecturers.

Steps for Foreign Guest Lecturer 

4) Upon receipt of the letter of appointment, the foreign guest lecturer must apply for a Work Permit at the visa office responsible for the country or region where s/he lives. Additional documents (i.e., TRV, medical examination, police certificate, etc) may also be required.  Requirements for additional documents can be obtained by contacting the visa office.

5) If a work permit is approved, the Canadian visa office will issue a letter which must be presented to an immigration official at the Canadian port of entry. The actual Work Permit is issued at the port of entry. A TRV is also required if the foreign guest lecturer is from a country requiring a visa to visit Canada


Procedure for Inviting a Foreign Guest Speaker

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

A foreign guest speaker is a person who is invited to the University for specific events, for a period of no longer than five (5) days.  In accordance with CIC, persons who fall under this category are exempt from a LMIA and do not require a work permit.

Steps for Unit

1) All foreign guest speakers will receive a letter of invitation outlining the purpose and duration of the trip. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate.

 2) Letters of appointment for foreign guest speakers will contain the following phrase:

This offer is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act. If you have any questions please contact the Office of Faculty Relations at 864-4732.

3) The Office of Faculty Relations will be copied on all letters of appointment for foreign guest speakers.

Steps for Foreign Guest Speaker

4) Upon receipt of the letter of invitation, the foreign guest speaker must make arrangements to obtain any additional required documents (i.e., TRV, medical examination, police certificate, etc).  Requirements for additional documents can be obtained by contacting the visa office.


Procedure for Inviting a Foreign National for an Employment Interview

Approval Date: 2014-07-03

Responsible Unit: Division of Faculty Relations

Foreign Nationals coming to Canada for employment interviews are considered visitors and will be assessed by CIC against the criteria applicable to all visitors to Canada.  In accordance with CIC regulations, no work permit is required however, a TRV is required if Visitors are from a country that requires a visa to visit Canada. 

Steps for Unit

1) A letter of invitation from the hiring unit inviting the Foreign National for an interview is recommended to facilitate entry into Canada. The letter should outline the position that the Foreign National is being considered for, location and date(s) of the interview(s), and whether financial assistance will be provided to the Foreign National during their stay.

2) When extending an invitation for interview for non-academic positions, units shall consult with the Department of Human Resources before the letter of invitation is issued to the candidate.

3) Pre-employment interview costs will be handled in accordance with the University’s Travel - Pre-Employment Interview Policy.

Steps for the Foreign National

4) To obtain entry into Canada the Foreign National will provide the letter of invitation from the University and a valid passport to an immigration official at the port of entry. The Foreign National must contact Canadian immigration authorities directly to determine if other documentation is required.


Procedure for Inviting Foreign Self-funded Researchers

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

Visiting Self-Funded Researchers are those conducting research activities in their field of study at the University and have autonomous funding arrangements other than an award.  To fall under this category visiting self-funded researchers must meet the following conditions:

In accordance with CIC, persons who fall under this category are exempt from a LMIA. A work permit is not required. A TRV is required if the self-funded researcher is from a country requiring a visa to visit Canada

Steps for Unit

1) All Visiting Self-Funded Researchers will receive a letter of appointment. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate.

2) Letters of appointment for foreign Visiting Self-Funded Researchers will contain the following phrase:

This offer is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act.  If you have any questions please contact the Office of Faculty Relations at 864-4732.

3) The Office of Faculty Relations will be copied on all letters of appointment for foreign Visiting Self-Funded Researchers. 

Steps for Foreign Visiting Self-Funded Researcher

4) Visiting Self-Funded Researchers should consult with the visa office for the country or region where s/he lives to ensure that they have the appropriate documentation to come to Canada. 


Procedure for Inviting Foreign Visiting Professors

Approval Date: 2014-08-05

Responsible Unit: Division of Faculty Relations

Visiting professors are people who hold a permanent position abroad, to which they will return, and are working in Canada for a period of not more than two academic years with a post-secondary institution. In accordance with CIC, persons who fall under this category are exempt from a LMIA.  A work permit is required. A TRV is also required if visitors are from a country that requires a visa to visit Canada.

Steps for Unit

1) All Visiting Professors will receive a letter of appointment. The letter is issued by the Unit Head, following a recommendation by the Department Head, where appropriate.

2) Letters of appointment for foreign Visiting Professors will contain the following phrase:

This offer is subject to compliance with the immigration laws of Canada and is conditional on any approvals, authorizations and/or permits in respect of your employment that may be required under the Immigration and Refugee Protection Act and in the regulations made pursuant to that Act. Please note that it is your responsibility to maintain your immigration status in order to retain this position. If you have any questions please contact the Office of Faculty Relations at 864-4732.

3) The Office of Faculty Relations will be copied on all letters of appointment for foreign Visiting Professors. 

Steps for Foreign Visiting Professors

4) Upon receipt of the letter of appointment, the Visiting Professor must apply for a Work Permit at the visa office for the country or region where s/he lives. Additional documents (i.e., TRV, medical examination, police certificate, etc) may also be required.  Requirements for additional documents can be obtained by contacting the visa office.

5) If a work permit is approved, the Canadian visa office will issue a letter which must be presented to an immigration official at the Canadian port of entry. The actual Work Permit is issued at the port of entry.