Recruiting Foreign Academics

When a Department wishes to hire a foreign academic, who is neither a citizen nor permanent resident of Canada, the University must assist in obtaining a temporary work permit in order for the individual to legally work and receive salary in Canada. For all foreign academic positions, except for adjunct professors, postdoctoral fellows and visitors, a recruitment process must be followed in accordance with guidelines established by both the University and Human Resources and Social Development Canada (HRSDC)/Service Canada (SC). Please refer to the following 3 sections to find out more:

• Labour Market Exemption or Opinion
• Documentation Required
• Foreign Academic Process

Labour Market Exemption or Opinion

There are normally two ways in which foreign academics can obtain a temporary work permit: 1) under a Labour Market Opinion (LMO) exemption or 2) through a LMO. Please note that Faculty Relations arranges for all LMOs or LMO exemptions. Exceptions to the above may be granted by CIC under special circumstances, for example, a work permit granted for an accompanying spouse or a foreign worker or a post graduation work permit granted to a recent graduate of a Canadian University.

The following are the LMO exemptions that apply to faculty members:

• Free Trade Agreement (FTA) Exemption: US and Mexican citizens who meet the definition of Business Professionals fall under the North American Free Trade Agreement (NAFTA), and Chilean citizens fall under the Chilean Free Trade Agreement. Departments submit a Request for LMO Exemption to Faculty Relations who will confirm eligibility and pre-approval from CIC.
• Award Recipient Exemption: Foreign academics who are the direct recipient of an award that is strictly based on academic excellence may apply for a work permit under a LMO exemption. Departments submit a Request for LMO Exemption to Faculty Relations who will confirm eligibility and pre-approval from CIC.
• Visiting Professor Exemption: Visiting foreign academics with a current faculty appointment at their home institution fall under this exemption. This is regardless of citizenship and is limited to 2 years under CIC rules. Department Administrators are responsible for producing Letters of Invitations for Visitors.
• Postdoctoral Fellow Exemption: Recent PhDs who have accepted a Postdoctoral position at UBC fall under this exemption. This is regardless of citizenship. Department Administrators are responsible for producing Letters of Invitations for Postdoctoral Fellows.

A positive LMO must be obtained for all other foreign academics. The LMO is an opinion provided by Service Canada to CIC (and the employer) which assesses the likely impact that hiring a foreign academic may have on the Canadian labour market. Please also note that Service Canada will not normally consider providing LMOs for part-time positions.

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Documentation Required

The following table outlines the supporting documentation required by Faculty Relations for all foreign academic appointments where Faculty Relations will be obtaining a Labour Market Opinion or an Exemption:

* if the offer letter has not yet been signed by the new faculty member please forward a copy of the unsigned letter.
** the completed Faculty Appointment Form must be received before Faculty Relations will forward the LMO or LMO exemption to the faculty member.

Please note that for foreign tenure/track appointments at the rank of Associate or Full Professor or any appointment with tenure will also need to be reviewed by the Senior Appointments Committee (SAC). For more information, please review the online information regarding Tenure, Promotion & Reappointment.

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