The Role of the Immigration Consultant at Queen’s
Canadian immigration regulations require employers to meet and maintain immigration compliance and requires foreign nationals to meet conditions on their period of authorized stay as indicated in the Immigration and Refugee Protection Regulations. Non-compliance may cause inconvenience to the hiring managers, hiring departments, employers, and to the foreign nationals in the form of audits, fines, and bans.
Queen’s hiring officers must consult with Queen’s Immigration Consultant in the initial stages of considering the employment of foreign nationals on casual, temporary, or permanent contracts.
If your office is considering hiring a foreign national in an academic or staff position, or wishes to invite a visiting researcher, Queen’s Immigration Consultant must be contacted prior to beginning the process (i.e. before making formal offers or prior to issuing invitation letters).
The Queen’s Immigration Consultant liaises with Employment and Social Development Canada (ESDC), Immigration, Refugees and Citizenship Canada (IRCC) and other relevant governmental agencies and trusted partners to provide advice and guidance to the university community.
Contact Queen’s Immigration Consultant, Era Macwan, at immigration@queensu.ca.
All applications are processed by Immigration, Refugees and Citizenship Canada (IRCC).
Queen’s University cannot influence a decision, assist, or help expedite applications.
Definitions and Processes
Canada’s Immigration and Refugee Protection Regulations Section R2 defines "work" as an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.
Unpaid employment undertaken to obtain work experience, such as an internship or practicum normally done by a student, is considered work.
Learn more on the Immigration, Refugees and Citizenship Canada (IRCC) website:
A "foreign national" is a person who is not a Canadian citizen or a permanent resident. A foreign national has a temporary resident status when they have been found to meet the legislation's requirements to enter and/or remain as a visitor, student, worker or temporary resident permit holder. Only foreign nationals physically in Canada hold temporary resident status.
To enter Canada and work at Queen’s, foreign nationals require relevant documents such as a Work Permit or a Study Permit and/or a Temporary Resident Visa and/or an Electronic Travel Authorization. This is defined in Immigration and Refugee Protection Regulations Sections R7(1), R8(1) and R9(1).
Most employers must obtain a Labour Market Impact Assessment (LMIA) before they can hire a foreign national/temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA.
An LMIA confirms that:
- There is a need for a temporary foreign worker
- No Canadians or Permanent Residents are available to do the job
The LMIA process is part of the Temporary Foreign Worker Program (TFWP), which is administered by Employment and Social Development Canada (ESDC) / Service Canada.
The LMIA guidelines have specific advertising requirements. For the LMIA to be considered, proof of advertisements must be provided with the LMIA application.
When considering hiring a foreign national, your office must follow advertising requirements as a part of the recruitment process as indicated and instructed by ESDC / Service Canada:
- Foreign workers in faculty positions: Hire a foreign academic
- Foreign workers in non-faculty positions: Hire a temporary foreign worker in high-wage position
Applications for LMIAs are completed and submitted by Queen’s Immigration Consultant. To begin the process please follow the Steps for Immigration Assessment and Application Process further down on this page.
Some foreign nationals/temporary foreign workers may be exempt from needing an LMIA or a work permit.
Refer to the following to see if an LMIA exemption or a work permit exemption code applies for your candidate:
If an LMIA exemption code applies to your candidate, an employer portal application must be made. Applications for LMIA-exemptions are completed and submitted by Queen’s Immigration Consultant. To begin the process please follow the Steps for Immigration Assessment and Application Process further down on this page.
Any invitations to foreign nationals to Queen’s campus must be first assessed for immigration by Queen’s Immigration Consultant.
Immigration, Refugees and Citizenship Canada (IRCC) processes applications for foreign nationals who intend to come to Canada to visit, study or work.
Applicants must provide appropriate application-specific documents as proof that they meet the eligibility criteria of the category of application they are making.
The university is required to provide a formal invitation letter to all visitors coming to Queen’s as a visitor or a worker to ensure appropriate record keeping and statistical data, to maintain immigration compliance, and to ensure compliance with safety regulations, and with the University’s statutory and regulatory obligations.
You must also refer to the Safeguarding Your Research information on Queen's Vice-Principal Research website to make sure your invitee meets the research risk compliance.
You may reach out to researchsecurity@queensu.ca for questions or concerns.
The assessment, process and requirements for inviting an international visitor to Queen’s can vary widely depending on several factors.
Review the information and follow the steps at Information for Visitors to prepare the required immigration assessment by Queen’s Immigration Consultant and determine the appropriate invitation letter and required documentation (if any) for the visitor.
Immigration Assessment and Application
Refer to Queen’s Safeguarding Your Research information and obtain appropriate approvals before submitting the request
Using the immigration reference chart (requires Queen’s NetID and password), complete the required initial immigration assessment webform for review by the Immigration Consultant
- Attach mandatory documents* as listed in the webform
- Sign and attach the Data Release Form
Initial Immigration Assessment Form
*Attach mandatory documents: Queen's NetID and password required to access mandatory documents (e.g. invitation letter templates, document checklist etc.) in SharePoint.
Employer Compliance application for future or current employees/visitors at Queen’s (initial, re-appointment or renewal)
Based on the initial assessment and the recommendations by the Immigration Consultant, an LMIA or an LMIA-Exemption application may need to be made to support the faculty or visitor/postdoctoral fellow’s immigration application.
- Complete the Employer Compliance initial webform for Queen's Immigration Consultant to make the submission to relevant government agency
- Attach the required documents* listed in the Employer Compliance webform checklist
Employer Compliance Submission Form
*Attach mandatory documents: Queen's NetID and password required to access mandatory documents (e.g. invitation letter templates, employer compliance submission forms etc.) in SharePoint.