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Inviting non-Canadians to uWaterloo

Please contact Janice Campbell before starting the process of inviting non-Canadians to uWaterloo.

uWaterloo’s obligation

ANY invitations, offers or appointments made by any employee member of uWaterloo, legally binds uWaterloo under the Employment Standards Act & Regulations.

If the invitee is a non-Canadian/PR, it further legally binds uWaterloo under the Immigration & Refugee Protection Act & Regulations.

Tourist (aka visitor) vs. worker

Under the Canadian Immigration & Refugee Protection Act & Regulations (IRPA & IRPR), there is a distinct difference between who is here to visit as a “tourist” (aka “visitor”) or as a “worker.”

Visit – non-Canadian entering Canada to temporarily stay for a particular purpose.

A tourist is someone who is here to observe activities, places or events only.

A worker is someone who is here to perform a duty or activities with or without remuneration.

Inviting a visitor or worker to uWaterloo

Every non-Canadian requires some kind of immigration documentation in order to legally enter Canada.

Invitations must be formalized – especially if your visitor will be here for more than 5 days – in order for your invitee to obtain the appropriate immigration documentation to enter Canada.

What is required

The following needs to be done for all invitees to uWaterloo:

  • Checklist for foreign workers (pdf) to be completed and returned to Immigration Office (Fran Hannigan) for evaluation of Immigration requirements
  • “Invitation Letter” to invitee with appropriate wording (if required) for Immigration purposes
  • Upon acceptance by invitee of “Invitation Letter,” formalized “Offer Letter” stating start & end dates, remuneration, purpose of visit (i.e. work as a “Research Assistant”) from Dean’s Office and Appointment Form to be completed (or as practice norm for your department/faculty)

Money versus no money

Money = ANY form of remuneration – i.e. salary, honorarium, travel reimbursement, living expenses. Depending on whether any kind of remuneration is offered to an invitee, can determine what immigration documentation is needed for them to enter Canada.
 

Money versus no money and visit versus work

Just because there may or may not be any kind of remuneration being offered, the purpose for which the invitee is here will also determine what kind of immigration documentation is required for them to enter Canada.

The Labour Market Opinion (LMO)

As part of this “Labour Market Opinion,” HRSDC/Service Canada works case-by-case to make sure that employers meet certain eligibility criteria (R203(3)) such as offering prevailing wage rates, acceptable working conditions, and make comprehensive efforts to fill vacant positions with Canadian workers or permanent residents.

Work not requiring LMO Confirmation

Most foreign workers require a work permit but in the following cases, no LMO Confirmation is needed:

  • Guest Lecturer
  • Visiting Professors
  • Post Doctoral Fellows
  • Research Award Recipients
  • International Agreements such as NAFTA, CCFTA and GATS

Visiting scholars/researchers: aka business visitors

  • Visit a Faculty/Department to discuss research matters of mutual interest
  • No intent to enter the Canadian labour market, thus no employer-employee relationship can exist between the Business Visitor and uWaterloo
  • Principal place of the Business Visitor’s employer is located outside of Canada; primary source of the Business Visitor’s remuneration and accrual of profits of the Business Visitor’s employer must remain outside Canada
    Worker Permit exempt under R186(a) of IRPR

Visiting scholars/researchers:  non-business visitor

  • Visit a faculty/department to collaborate on research matters of mutual interest
  • Intent to enter the Canadian labour market, thus an employer-employee relationship exists between the Visitor and uWaterloo (i.e. any form of remuneration or reimbursement)
  • Principal place of the visitor’s employer may be located outside of Canada; primary source of the visitor’s remuneration may be outside Canada; but purposes of the visit to Canada involves an activity that directly competes in the Canadian labour market
    Work Permit required & possibly LMO required

Work requiring LMO Confirmation

RA / TA / Lab Techs / Visiting Scholars / Staff
  • If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO Confirmation IS required before a Work Permit will be issued
  • Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain
  • “Foreign Visitors Checklist” will determine what immigration documentation is needed

Genuine working visits to uWaterloo

Scenarios (only purpose of visit must be the following in order to be LMO & Work Permit exempt):

  • Student returning to defend thesis
  • Visiting faculty here on sabbatical from another university who still retains a position to return back to
  • Guest speakers here for an event that is £ 5 days
  • Conference Chairperson organizing a conference or convention in Canada
  • Academic Evaluator or Examiner for a research project, proposal, program or theses 

Potential PhD student

Scenario: Faculty member would like to offer a “visit” to a potential PhD candidate to observe the candidate before accepting him/her as a PhD

Issue: “visit” will require immigration documentation

Depending on what is offered, where the student is from, and duration of the “visit,” in most cases, an LMO confirmed Work Permit is required

Offered Work to a non-PDF Student

Scenario: non-PhD student is completing his/her studies in a non-Cdn institution and faculty member would like to offer employment after graduation

Issue: employment will require immigration documentation

Depending on what is offered, where the student is from, and duration of the “visit,” in most cases, an LMO confirmed Work Permit is required

Solution for non-LMO Confirmed Work Permit

•If student is from a “bi-lateral agreement” country, International Experience Canada (IEC) Work Permit may be granted
•If student was a registered student of uWaterloo & his/her study permit is still valid, On-Campus work for remaining registered term for 20 hrs/wk and/or 35 hrs/wk for 90 days after or to expiry of study permit (whichever is first)
•If student is from another Canadian university  and holds a valid Off-Campus Work Permit
•If student has graduated from a Canadian university/college, may apply for a Post-Graduate Work Permit
 

Frances Hannigan, RCIC (ID #507077)
HR – WatPort
x36332
fhanniga@uwaterloo.ca