Cross-Border Poaching

By: Nastaran Roushan

The current American backlash on immigration, can be Canada’s gain. While Canada has narrowed the paths to immigrate here, there are still programs that Canadian employers can rely upon to attract, bring, and retain individuals currently residing in the United States, or individuals who were considering moving to the United States prior to Trump’s election. This post will provide an overview of some of these programs.

Francophone Mobility Program

One of the easiest groups for employers to target are French speakers who wish to reside outside of Quebec. Through the Francophone Mobility work permit, Canadian businesses can extend offers of employment to individuals who have intermediate French speaking and listening skills – even if those skills are not required for the actual position. The position can be for any job except occupations in a primarily agricultural occupation. The best part of the program is that the employer does not need to go through the Labour Market Impact Assessment route of advertising for the position and proving that a Canadian employee is unable to perform the job. 

Global Talent Stream Program

The Global Talent Stream (GTS) for hiring highly-skilled foreign workers. There are two sub-routes through the GTS, one of which requires a referral from certain organizations, and one of which does not. The non-referral branch can be used by any business that wants to hire employees in specific occupations, including those in engineering and information technology. These are positions that usually require salaries of at least $80,000. 

Although an LMIA is required through the GTS, the process is more streamlined and does not require advertising. Instead, employers must submit a Labour Market Benefits Plan that promises certain benefits to the Canadian economy if an LMIA is granted, such as training more Permanent Residents or Canadian citizens for certain occupations, offering internships, and ensuring that the foreign worker transfers their knowledge to Permanent Residents and Canadian citizens. Another benefit of the program is that work permits are subject to a two-week processing timeline.

International Free Trade Agreements

Finally, there are a myriad of opportunities to hire individuals through international free trade agreements, including with the United States, Mexico, Colombia, Chile, South Korea, Panama, Peru, United Kingdom, Pacific countries, and the European Union. These workers are usually within certain skilled occupations, although each trade agreement has its own unique idiosyncrasies that must be noted. For example, physicians and social workers from Peru are excluded, but Peruvian plumbers and chefs are included. Social workers and teaching /research physicians from Mexico and the United States are included, but American and Mexican chefs are excluded. Again, the benefit of using international free trade agreements is that no LMIA is required and it may even be possible to apply for a work permit at the border, rather than at an embassy outside of Canada. 

Permanent Residency Can Be the Trump Card

In recruiting and retaining foreign talent, the biggest “trump card” (pun intended) that Canada has over the United States is the promise of permanent residence within a relatively short time span. Canada largely operates under a points-based system in selecting permanent residents. Individuals who have worked in Canada obtain considerably more points than applicants without Canadian work experience. These points increase for every additional year of Canadian work experience. Furthermore, individuals with French language capabilities are awarded even more points. Additionally, French speakers and individuals in certain occupations (such as health care, social services, and education) have the added benefit of potentially being picked to apply for permanent residence through category-based programs, or provincial nomination programs.

Canadian employers have a unique window of opportunity to attract global talent, particularly in light of increasingly restrictive immigration policies in the United States. As domestic birthrates continue to fall short of sustaining population and economic growth, Canada’s long-term prosperity depends on our ability to welcome and retain skilled immigrants. By positioning ourselves as a destination of choice for international talent, we can strengthen our workforce and secure the economic future of our country. 

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