Note: If employers of prospective immigrants have received advice from a representative in completing their application, they must disclose this information during their communication with staff at the Newfoundland and Labrador Office of Immigration and Multiculturalism.
Newfoundland and Labrador Employer Requirements
In order to be considered under the NLPNP's immigration categories, Newfoundland and Labrador employers must:
- Be established and operating in Newfoundland and Labrador;
- The employer must be registered and in good standing with Service NL, CADO- Companies and Deeds Online;
- The employer must have operated in Newfoundland and Labrador, under current management, for at least two (2) consecutive years. In exceptional circumstances, applications, where the employer has been operating under current management for at least one (1) year, may be accepted. Exceptional circumstances include:
- businesses opened following closure/sale of a previously successful business;
- businesses involved in innovation/export markets; and
- businesses located in the rural region of Newfoundland and Labrador.
- Hire employees on a full-time, permanent basis;
- Businesses located in the St. John's metropolitan area must have at least two (2) permanent, full-time local employees on staff.
- Businesses located outside the St. John's metropolitan area must have at least one (1) permanent full-time local employee on staff.
- Applicants are permitted to have an ownership stake in the business, however, the share of ownership cannot exceed 10 per cent.
- Maintain sound workplace and business practices, including compliance with all applicable employment, labour, immigration laws and regulations;
- The business must be in good standing with Workplace Health, Safety and Compensation Commission (WHSCC) and the Labour Standards Division.
- Present a job offer that complies with applicable laws and regulations;
- The employer must provide a job offer for permanent, full-time employment located in Newfoundland and Labrador in an occupation classified under one of the five skills levels in the National Occupation Classification (NOC);
- The job offer must meet Newfoundland and Labrador’s employment and wage standards.
- Short-term contract-based jobs that are usually less than twelve (12) months in duration are not eligible.
- Seasonal or part-time positions are also not eligible.
- Jobs, where the employee does not work on the company’s premises (for example, employees who work from home or “virtual” locations and serve the employer by telecommuting), are also not eligible for the NLPNP.
- The job offer must not conflict with any existing collective bargaining agreements. The NLPNP will not accept an application if there is a labour dispute involving either the employer or the applicant.
- Demonstrate that efforts have been made to hire Canadian citizens or permanent residents for the position before offering the job to the applicant.
- Be authorized to hire a foreign worker with a positive Labour Market Impact Assessment (LMIA) for the job they are offering to the applicant.
- The employer must provide evidence of an LMIA exemption or results of the approved Job Vacancy Assessment (JVA). A list of positions exempted from Labour Market Testing is available here.
- The employer must show compliance with all terms and conditions outlined in the LMIA (if an LMIA is presented).
- The employer must show that they are offering wages and benefits as per industry standards (if the job offer is LMIA exempt)
- The employer must show compliance with all terms and conditions as outlined in the JVA (if a JVA is presented).
- Be a public sector or non-profit employer in a
- provincial and regional health care authority and agency,
- public post-secondary education and training institution,
- provincial/federal/municipal government organization and agency; and
- non-profit groups registered as charitable organizations and incorporated under Part XXI (21) of the Corporations Act RSNL 1990,c C-36, or the Canada Corporations Act RSC 1970,c.C-32, and in good standing. Non-profit organizations need to demonstrate financial ability and the ability to support the applicant's position on a long-term basis.
- Not bring the NLPNP or the Government of Newfoundland and Labrador into disrepute.
- Agree to partake in an interview with a NLPNP Specialist and may be subject to a review to assess efforts to retain current and future nominees.
- In the interview, employers will be required to provide documents, such as audited financial statements, Workplace Health, Safety & Compensation Commission of Newfoundland and Labrador (WHSCC) letter of good standing or letter of clearance, Canada Revenue Agency Notice of Assessment, and business license; and
- As part of a review by an Immigration Program Development Officer, the employer may be required to respond to questions relating to business practices, staff accommodation, salaries, employee benefits, number of current and past nominees, and other information (as required).
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