Hiring of Foreign Faculty Members
October 1, 1992
November 28, 2002
"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:
- tenure-track or limited term appointments at the rank of Instructor, Assistant Professor, Associate Professor or Professor;
- continuing or limited term1 appointments of Laboratory Instructor, Lecturer or Senior Lecturer and
- 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
- 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.
- A foreign faculty member may be appointed as a visiting faculty member for a period of not more than two years without an advertised search and without an employment validation. He/she must retain an academic position outside of Canada. This validation exemption does not apply to visiting appointments for part or all of the summer semester.
- Visiting appointments for leaders in various fields such as government and business who may be retired or on leaves of absence, "eminent individuals", are also exempt from employment validation, though the University must get approval from the regional immigration headquarters.
- Visiting faculty in both of these categories must still obtain a work permit by applying directly to CIC at a point of entry.
3. Other Categories
The following categories are also exempt from employment validations, but may require a work permit:
- The temporary appointment (maximum of 12 months, though an extension may be requested) of citizens of the U.S. or Mexico to a faculty position as allowed by the North America Free Trade Agreement and the temporary appointment of citizens of Chile as allowed by the Canada Chile Free Trade Agreement. The University will need to issue the person with an employment offer of 12 months or less.
- Canada Research Chair positions.
- Post-doctoral fellows. They must hold a Ph.D. or equivalent and have been offered a defined term appointment on the basis of academic excellence. The individual must have completed the doctorate and be working in a field related to the Ph.D. He/she must have graduated, but there is no restriction with regard to date of graduation.
- Research award recipients. These are individuals who are invited to Simon Fraser University to receive an award.
- Guest lecturers. These are individuals who have been invited to give a series of lectures that does not comprise a complete academic course and is of a duration shorter than a semester.
Individuals in the above categories should be issued with a letter setting out the terms and conditions of the appointment that can be presented to CIC at a point of entry into Canada.
4. External Reviewers and Examiners
Foreign faculty members who have agreed to serve as an external examiner or external reviewer do not require employment validation or a work permit. S.F.U. must issue a letter of invitation to such individuals.
5. Liaison with Human Resource Development Canada
Any questions about the hiring of a foreign faculty member should be directed to the Director of Academic Relations, or designate, who shall be the point of contact between the University and HRDC and affiliated government departments.
1 See Section 3 for the exemption for 1 year limited term appointments of citizens of the U.S., Mexico or Chile.
Questions of interpretation or application of this policy or its procedures shall be referred to the President, whose decision shall be final.