Hiring of Foreign Faculty Members

This policy sets out the circumstances in which the University can appoint a foreign faculty member into an academic position and the procedures for getting the appropriate authorizations. As set out in the Academic Appointments Policy (A10.01), academic appointments, with the exception of visiting appointments, will normally be filled by Canadian citizens or Permanent residents. If an intensive search fails to produce a suitable person to fill a particular position, a highly qualified non-Canadian/Permanent Resident may be appointed. Such appointments must be consistent with the regulations of the Government of Canada. Those regulations are subject to change. See Human Resources Development Canada

Definitions:

"Employment validation" is the process by which the federal government determines that the employment of a foreign faculty member would not adversely affect the Canadian labour market. This entails a review of the advertising, search and selection processes.

"Work permit" is a legal document issued by the federal government that entitles a foreign faculty member to work in Canada, usually for a specific position and for a defined period of time.

1. Faculty Positions

1.1 Unless otherwise exempted in this policy, this section applies to the following categories of academic appointments:

1. tenure-track or limited term appointments at the rank of Instructor, Assistant Professor, Associate Professor or Professor;


2. continuing or limited term¹ appointments of Laboratory Instructor, Lecturer or Senior Lecturer and


3. continuing or limited term¹ appointments as a librarian or archivist.

1.2 The positions must be well advertised, normally for a one month period, to allow broad exposure of the vacancy to Canadian and permanent residents who would be potential candidates for the position. The University must be able to demonstrate that the advertising medium (web, print, electronic) was appropriate for the specific discipline or sub-discipline. The position can be advertised simultaneously in Canada and abroad.

1.3 Advertisements must include the following statement:

"All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority."

1.4 If a position is to be offered to a foreign candidate, the University must be able to demonstrate that there was no suitably qualified candidate who is Canadian or a permanent resident.

1.5 When a department and Dean supports the recommendation to appoint a non-Canadian/permanent resident, the following material must be included in the appointment recommendation package sent to the Vice President, Academic:

• Copies of advertisements and the advertising schedule


• A memorandum setting out the search process in detail and including a comprehensive rationale as to why the Canadian citizens and permanent residents who applied were unsuitable


• A completed HRDC foreign worker application

  
  and



• A completed Foreign faculty member Recruitment Summary

1.6 All offers of appointment to foreign faculty members must contain the following provision:

"This offer is contingent upon you obtaining a work permit."

1.7 Once a decision is made to offer an appointment to a foreign faculty member, the University must apply for an employment validation from Human Resources Development Canada (HRDC). When the employment validation is issued to the University, the University will send a copy to the foreign faculty member it wishes to appoint. It is then the foreign faculty member’s responsibility to apply to the Citizenship and Immigration Canada (CIC) office closest to their current place of residence for a temporary Work Permit.

A work permit does not, however, guarantee admission to Canada. The final decision to admit any foreign national rests with the Immigration Officer at the point of entry into Canada.

1.8 Unless the appointment is for a limited term, once the foreign faculty member has obtained a work permit then he/she should proceed expeditiously to apply for permanent resident status.

1.9 The Canadian government charges fees to foreign workers to cover the cost of processing their application for a work permit and for permanent resident status. The University will reimburse the faculty member for these processing fees once they have commenced their employment at Simon Fraser University. This benefit extends to the spouse and dependent children of the faculty member but does not extend to any fees that may be charged for medical examinations, security checks, legal advice or other matters that may be required as part of these application processes.