INVITING or HIRING FOREIGN ACADEMICS Electrical & Computer Engineering welcomes numerous international academics to collaborate with our researchers. Foreign nationals are subject to Canadian immigration law and must obtain the appropriate immigration documents before the visit or work can begin. See attached memo from Frances Hannigan, the University of Waterloo (UW)’s On-boarding & Immigration specialist. All foreign Visiting Faculty and Postdoctoral Fellows coming to UW are required by Citizenship & Immigration Canada (CIC) to obtain either a Work Permit or a Visitor Visa. Individuals performing work, whether paid or unpaid, will normally be issued a work permit. In the case of unpaid positions it is up to CIC whether a Work Permit or Visitor Visa will be issued based on the letter provided by UW. The Dean of Engineering must issue all Letters of Invitation (LOI) or Appointment letters for Visiting Faculty, Visiting Scholars or Postdoctoral Fellows, which the individual will use to apply to CIC for the appropriate permit/visa. An invitation letter from a faculty member is not permitted for appointment purposes. If the individual will be paid they must have a work permit and the department must create an appointment form to process the appointment and salary. If the appointment is without salary and is less than one month an appointment form does not have to be created. Normally the letter issued by the Dean of Engineering for all foreign academics coming to UW should be sent approximately 3-4 months in advance of the expected start date as some processes can be very lengthy. This should allow the Visitor or Postdoc enough time to request the necessary permit/visa from the CIC office at their nearest Canadian embassy, and for CIC to process the request. Citizens of some countries will require a temporary resident visa (TRV) which allows a foreign national to come to Canada for a certain period. In addition, a medical examination or police certification may be required before entering Canada. A temporary permit allows a foreign national to do a particular activity once here e.g. study or work. Any foreign nationals coming to Canada to conduct activities considered work e.g. Research Associates or Post-Doctoral Fellows will need a temporary work permit. Canadian immigration regulations define “work” as an activity for which remuneration is earned or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. Note a visiting professor or scholar does not have to be paid for their activity to be considered work. The nature of the visit/work will determine whether authorization to work in Canada through a Labour Market Opinions (LMO) is a prerequisite. Depending on the position, UW submits a request to Human Resources & Skills Development Canada (HRSDC) that provides details of the recruitment advertisement and search efforts, and demonstrates that there were no suitably qualified domestic applicants (Canadian citizens/permanent residents) to fill the position, so that an offer can be made to a non-Canadian. American, Mexican & Chilean citizens do not require an LMO for contractually limited appointments covered under the North American Free Trade Agreement (NAFTA) or Canada Chile Free Trade Agreement (CCFTA). Temporary/short term work permits for 1 year at a time are usually issued at the border for these nationals. This guide will assist you in determining whether an LMO and/or work permit are required, the position title used and recognized by immigration and border services agency officers, and what needs to be given to the appointee in order to make the correct application to CIC or the Canada Border Service Agency (CBSA). Since Canada’s immigration regulations and procedures are subject to change, please consult with Fran Hannigan. Canadian immigration laws and regulations are enforced regardless whether you know about them or not. In order to avoid delays in the appointment process, a checklist has been developed to assist you in providing the necessary information to complete the Non-Faculty Appointment Approval form. It is important to note that OHIP will only extend coverage to individuals with a work permit of six months or more. Individuals who do not receive a work permit are not eligible for OHIP coverage and must arrange for the University Health Insurance Plan (UHIP) coverage through Human Resources. New residents arriving from outside Canada should arrange for UHIP during the three month waiting period for OHIP. NOTES: 1. Foreign academics are not allowed to begin working until the effective date on their work permit. If CIC has not issued a work permit, then it is not possible to pay any salary or lump sum honorarium to the visitor. 2. Temporary residents (visitors, workers, students) must not allow their visas or permits to expire. 3. CIC will not normally renew a foreign visitor’s work permit if they have already held an appointment for 2 years. 4. Remember to send a photocopy of the visitor visa or work permit to the Chair’s Assistant for our records. TYPE OF APPOINTMENT Work Permit + LMO Required Research Assistant/Associate: Advertising required minimum 14 days and as widely as possible in both print and/or online media, e.g. in the newspaper but preferably in appropriate journals. Research Assistants are usually contract staff positions that require a Temporary Employment Authorization DOCUMENTATION PI provides: Advertise position nationally Recommendation detailing nature of work and funding source Submits supporting documentation per checklist ECE completes non-academic appointment approval form & form including a job description LMO confirmation required – depending on type of work, number of hours, salary offered & length of contract. LMO Supporting information includes a job description, copy of ad, recruitment summary form, and offer letter. Note LMO confirmation may be difficult to obtain since justification for hiring a non-Canadian must be provided Work Permit Required but LMO exempt Post Doctoral Fellow: CIC allows individuals holding a PhD to be appointed to time-limited positions for postdoctoral teaching and research. A job offer as a Postdoc can be made contingent upon the individual being awarded the PhD degree. Appointment within 5 years of PhD award. Individual should have received their PhD by the time an application for a work permit is made. CIC may request proof of the PhD. Appointments may be salaried or unsalaried and fulltime. Contributes to faculty member’s research Maximum initial appointment 3 years May apply to teach no more than 1 course per year Faculty supervisors meet at least annually to assess progress In special circumstances, an extension of up to 3 years subject to approval and provision of written assessment may be approved by the Dean. NOTE if past 5 years restriction, UW is unable to hire someone as a Postdoc. However, they could be hired as a Research Associate as long as all the advertising and immigration requirements are met. forwards to Dean’s office to issue letter Must undergo compliance verification Dean provides letter of invitation specifying: Description of duties Duration of appointment RA must provide: Proof of academic credentials (certified translation if not English) Copy of work permit upon arrival on campus PI provides: Recommendation detailing nature of work and funding source Submits supporting documentation per checklist ECE completes non-academic appointment approval form & forwards to Dean’s office to issue letter Must undergo compliance verification if paid Dean provides letter of invitation specifying: Description of PDF duties Duration of appointment Additional provisions per guidelines PDF must provide: Proof of academic credentials (certified translation if not English) PDF secured funding if applicable Copy of work permit upon arrival on campus Visiting Professor: May be academic exchange opportunity so CIC has allowed individuals holding academic appointments abroad to be issued a work permit without obtaining a Labour Market Opinion. Definite term, usually 1 year or less Holds an ongoing appointment at another university/institution to which they will return. Title of visiting appointment corresponds to rank/title held at home university Individuals performing work, whether paid or unpaid, will normally be issued a work permit. Maximum length of a visitor work permit is 2 years. CIC will not normally renew work permits beyond the 2 year limit. May require proof of sufficient funds to support their stay in Canada Appointments may be salaried or unsalaried. PI provides: Recommendation to chair Submits supporting documentation per checklist ECE completes non-academic appointment approval form & forwards to Dean’s office to issue letter Must undergo compliance verification if paid Dean issues letter of appointment specifying: Offer of position as visiting professor Nature & location of position Length of appointment Arrangements for remuneration Visiting academic must provide: Proof of academic credentials (certified translation) Note that CIC may request confirmation from the home institution that the individual has a position to which they will return. Copy of work permit upon arrival on campus Visiting Scholar: Usually self-funded and unsalaried. CIC will issue permits/visas for Visiting Scholars as long as the individual is self-funded and will therefore not be paid by UW. Maximum length of a visitor appointment is 1 year, but may be renewable for a further year. If the individual is completing a degree it must be a graduate degree. If PI wishes to pay the individual the position must be advertised and a Labour Market Opinion obtained. UW Faculty Member provides: Recommendation detailing nature of work and confirm individual is self-funded Submits supporting documentation per checklist ECE completes non-academic appointment approval form & forwards to Dean’s office to issue letter Must undergo compliance verification if paid Dean issues letter of appointment specifying: Offer of position as visiting professor Nature & location of position Length of appointment Arrangements for remuneration Visiting academic must provide: Proof of academic credentials (certified translation) Copy of work permit upon arrival on campus PI provides: Recommendation detailing nature of work and confirm individual is self-funded Research Award Recipients or Self-funded Researcher: Direct recipient of academic research award from either a Canadian academic institution or foreign source Self-funded researcher must have own source of funding Conducting research in own field of study & for visitor’s own project No employer-employee relationship with UW UW may supplement finances but amount must be significantly less than award Guest Lecturer: Delivers series of lectures or talks Period is less than one academic term No requirement to be professor Does not have to hold PhD If invitation is without salary and less than 1 month in duration, an appointment form does not have to be completed Academics not requiring work permits: 1. External: Academic Consultants Academic Examiners Public Speaker or workshop presenter 2. Graduate Teaching & Research Assistants Registered in full time programs of study Work on the campus of the university where they are registered Work must be directed by a faculty member. Submits supporting documentation per checklist ECE completes non-academic appointment approval form & forwards to Dean’s office to issue letter Must undergo compliance verification if paid Dean provides letter of invitation specifying: Nature & location of work that the recipient will be doing Intended length of stay Visiting academic must provide: Evidence that foreign visitor is direct recipient (name must be on award) Letter verifying award & amount of funding Copy of work permit upon arrival on campus ECE Chair provides letter of invitation detailing: Purpose of trip Nature & location of position Intended length of stay Evidence that period of stay is less than 1 term Arrangements for remuneration ECE provides letter of invitation detailing: Purpose of trip Intended length of stay Amount of honorarium and any expense reimbursement ECE provides appointment letter. Foreign graduate teaching and research assistants: must have a study permit issued by CIC Must undergo compliance verification