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Two things are always difficult to recover on large scale projects – time and money. Both of these can be lost with poor resource planning.
Building an effective team and sourcing the right labour supply are important aspects of any major infrastructure project, however, the skillset that employers are looking for may not always be available locally. This is where immigration can provide some much needed support.
Immigration is usually the last thing managers think of on a project, but it should be one of the first as it can take a significant time to identify and relocate the right talent into Canada with the correct work authorizations.
When planning the human resources required for a project, employers should first consider whether the local economy can support the hiring needs of the project, or if international recruitment will be required. A corporate immigration lawyer can help employers plan out potential costs and timelines for international resource needs during the project’s planning stages, even before specific employees are identified.
This helps the business to have a strong sense of costs and timelines when determining project budgets, as well as to help set realistic project milestones. This will be exceedingly important if the company has contracts with monetary penalties for delays on project milestones or product delivery. Resource delays can also prevent local employees from being able to work, if a key resource has not been able to arrive in Canada when needed.
Once the business knows the resources it needs, the next question is where to source it. Some companies with international subsidiaries may be able to find the required specialized resources from within their international organization and may be able to bring skilled talent into Canada under Canada’s International Mobility Program (IMP) which provides work permit eligibility under various Free Trade Agreements (FTA), Canadian Interest programs, or under the Intra-company transferee (ICT) work permit category.
If the project in question is operating as a Joint Venture, the structure of the Joint Venture may also affect access to international resources. To access the ICT program, related companies will need to share a minimum 51% ownership or have a controlling interest with the foreign company. This means that one side of the Joint Venture can contribute project staff through the ICT program, while the other cannot.
This can be further complicated when a parent company perceives the Joint Venture as a project and not a separate legal business entity, as talent may end up being allocated to the wrong business entity, creating immigration compliance issues. Immigration non-compliance can lead to fines and other immigration penalties including an inability to sponsor foreign workers in Canada going forward
If the company is required to source skills from outside the IMP categories, it may be required to first obtain a positive Labour Market Impact Assessment (LMIA) before applying for the work permit, which often requires proof of local recruitment efforts. The LMIA process can add four to six months to the immigration process. Luckily, LMIA applications are based on the position and not on the individual worker and can therefore be started before individual workers are selected for the roles.
Regardless of whether the employer needs to first obtain an LMIA or can directly apply for a work permit through the IMP, the location and country of citizenship of the employee can affect the processing timelines. Citizens of certain countries will require a Temporary Resident Visa (TRV) in addition to their work permit, and residents of certain countries will also be required to complete an immigration medical examination.
In light of the foregoing, the key takeaways for leveraging international recruitment during project planning are:
- Plan early;
- Know the type of talent you need;
- Be strategic; and
- Understand your business structures.
Doing the above will save the business time, money and many sleepless nights.
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