Immigration and international mobility: Changes that could impact your business

2024 has been a year of major upheaval for immigration in Canada. Numerous recent announcements have raised concerns in various economic sectors that rely on foreign workers. It is crucial for employers to secure their recruitment and retention efforts to fill vacant positions.

As the holiday season approaches, here’s a quick reminder of recent changes to the foreign worker program:

LMIA for low-wage positions

As of September 26, 2024, Labour Market Impact Assessment (“LMIA”) applications for low-wage positions are affected by the following measures:

• Certain LMIA applications for low-wage positions in Census Metropolitan Areas (“CMAs”) with unemployment rates above 6% are no longer being processed;
• In certain sectors, the maximum proportion of low-wage foreign workers in a company is reduced from 20% to 10%;
• The maximum duration of employment for low-wage positions is reduced from 2 years to 1 year.

Measures specific to Montreal:

As of September 3, 2024, LMIAs for low-wage positions on the island of Montreal are no longer processed, except in certain sectors such as construction, healthcare and food processing. Processing of these LMIAs should resume after March 3, 2025.

High-salary LMIAs

Since November 8, the salary threshold for an LMIA to be considered “high wage” has been raised by 20% above the provincial median wage. For example, in Quebec, a position will have to offer an hourly wage in excess of $32.96 to benefit from the “high-salary” component.

International students

Eligible students can now work up to 24 hours per week off-campus during the school year. However, certain restrictions now apply to obtaining a Post-Graduation Work Permit. Contact our team for more details.

Work permit eligibility for spouses of foreign workers

The government has announced upcoming changes to work permits for spouses of foreign workers. The specific eligibility criteria have yet to be clarified.

Despite these changes, it is still possible to implement an international recruitment plan to hire foreign workers. Our specialized team can help you develop an appropriate strategy. Contact us now!

Employer Compliance Regime

The year 2024 saw an increase in inspections of employers’ compliance with their immigration obligations.

Once foreign workers have been hired, it is important to put human resources practices in place to ensure your company’s compliance with obligations arising from the hiring of foreign workers.

Do you know the details of your obligations when hiring foreign workers?

Did you know that as an employer of foreign workers :

• You must give each worker a brochure detailing their rights, no later than the first day of work?
• This brochure must be available in the workplace?

Contact us and we will analyze your obligations and help you develop measures to ensure your compliance with the legal regime of the various programs affecting foreign workers.

Permanent residency: opportunities still available

Despite recent announcements, Canada remains open to welcoming new permanent residents. Several options are available to enable foreigners to settle in Canada on a permanent basis, including:

• Quebec Experience Program: for foreign workers who have been working in Quebec for at least twenty-four (24) months;
• Self-employed Persons Program: for self-employed professionals;
• Entrepreneur Program: for individuals wishing to acquire or create a business in Quebec;
• Investor Program: for individuals who wish to become permanent residents by making a passive investment with the Quebec government.

Contact our specialized team today to discuss each of these options and ensure your company’s compliance.