HRSDC/SC Assessment for Arranged Employment Opinions
To assist your company in the application process, below is a description of the factors that Human Resources and Skills Development Canada (HRSDC)/Service Canada (SC) takes into consideration when making an Arranged Employment Opinion (AEO). Submitting a complete application and providing information on these factors can result in faster decisions by HRSDC/SC and Citizenship and Immigration Canada (CIC) officers and reduce delays in the recruitment of your skilled worker.
Please note that a positive AEO only supports the skilled worker's application for permanent residency, but does not allow for the person to work in Canada. There is another process if you plan to employ the person and, at the same time, support their permanent immigration to Canada.
When assessing a job offer, HRSDC/SC considers primarily:
* the occupation that the skilled worker will be employed in;
* the wages and working conditions offered;
* the genuineness of the offer and employer history; and
* if the offers are permanent, full-time, and non-seasonal.
Also, please be aware that there are special considerations if you are planning to offer a position to a skilled worker in a regulated occupation.
Occupation
HRSDC/SC and CIC use the National Occupational Classification (NOC) system to categorize the job you are filling based on the majority of duties you identify. HRSDC/SC also uses the NOC to identify wages when assessing the job offer.
The NOC can help you as an employer more accurately describe the duties and identify the occupation that the foreign worker is expected to perform.
* Find a detailed NOC job description.
* Learn more about the NOC in general.
Wages and Working Conditions
HRSDC/SC reviews the wages that you are offering the skilled worker, and compares them to wages paid to Canadians in the same occupation based on labour market information from Statistics Canada, HRSDC/SC, provincial ministries, and other reliable sources. If you are offering wages below rates paid to Canadians in the occupation, HRSDC/SC will not confirm your job offer.
HRSDC/SC also expects you to provide working conditions that are consistent with federal and/or provincial standards for the occupation and workplace.
* Learn more information about federal and provincial labour standards in Canada.
Genuineness of the Offer and Employer History
To ensure that an offer is genuine in order to grant points towards the skilled worker's permanent resident application, HRSDC/SC and CIC need to be certain that you will employ the skilled worker if he/she becomes a permanent resident of Canada. The offer of permanent employment to the skilled worker must be submitted to HRSDC/SC on company letterhead signed by the person responsible for hiring employees. The letter of offer must state that the offer to the skilled worker is permanent/indeterminate, describe the occupation and duties expected from the skilled worker and the salary to be paid to the prospective employee.
You, the employer, need to provide evidence to HRSDC/SC that the business has been in operation for more than one year by submitting business licenses, CRA T4 Summary of Remuneration Paid, or commercial lease agreements for the business location. You also need to be prepared to show that you have employed workers for more than one year by submitting Canada Revenue Agency PD7A remittance forms outlining employee deductions for the last 12 months. PD7As and T4 Summary of Remuneration Paid forms showing deductions such as Canada Pension Plan/Quebec Pension Plan, income tax deductions and Employment Insurance premiums paid by both the employee(s) and the employer. PD7A and T4 summary forms are required to help demonstrate that an employer-employee relationship exists and that the firm has had a minimum of one worker on payroll over the last twelve months.
Once HRSDC/SC has confirmed your offer, tell the skilled worker to include your written offer of permanent employment and the HRSDC/SC Arranged Employment confirmation letter with the permanent resident application, along with other documentation required by CIC.
Please note, that Placement Agencies, Temporary Help Agencies and firms of a similar nature which act as an intermediary, referring workers to employers, cannot be considered the employer of record for the purposes of Arranged Employment unless they are establishing an employer/employee relationship with the skilled worker.
Please note that CIC reserves the right to contact you, the employer, before issuing a permanent resident visa to determine if the offer is still valid.
Permanent, Full-time, and Non-seasonal Offers
Please be aware that HRSDC/SC will only confirm offers that are:
* Permanent: the offer has no predetermined end date.
* Full-time: the foreign worker is expected to work at least 30 hours a week on an average. week (with the exception of specific occupations like pilots that have detailed definitions of full-time work).
* Not seasonal: the foreign worker is expected to work year around, and not be laid off due to seasonal \ patterns of employment.
Immigration Note:
A permanent job offer does not allow a foreign national to immigrate to Canada. Before a foreign national can become a permanent resident of Canada, they must:
* Meet the requirements of the Skilled Worker Class;
* Have at least one year of work experience in a professional, managerial, or technical occupation under Canada's National Occupational Classification (NOC) system.
Regulated Occupations
Please be aware that CIC will not award "Arranged Employment" points to the skilled worker applicant if the skilled worker does not meet certification and licensing requirements for regulated occupations in Canada (e.g. doctors, engineers, trades). Making the necessary arrangements with the regulatory body for certification and licensing is the employer's and the foreign national's responsibility.
* To learn more about regulated occupations in Canada, please visit Work Destinations.
* To learn more about the requirements to work in specific regulated occupations, visit the Regulated Occupations Data Base.
