Are you considering recruiting international talent or seeking employment in Canada? The Temporary Foreign Worker Program (TFWP) by Immigration to Canada helps Canadian businesses bring in foreign workers for various roles. A critical step in the TFWP process is obtaining a Labour Market Impact Assessment (LMIA). The LMIA confirms that no Canadian citizen or permanent resident is available to fill the position. The prospective foreign worker must include a copy of the LMIA or the LMIA number when applying for their work permit.
For those looking to hire foreign workers exempt from an LMIA, the International Mobility Program (IMP) is an alternative option.
In response to the surge in demand due to the post-pandemic economy, low unemployment rates, and record-high job vacancy rates in 2022, the Temporary Foreign Worker (TFW) Program has undergone several adjustments. The Government is now fine-tuning the program to ensure it remains a solution for labor shortages only when no Canadian workers are available to fill the necessary roles.
Important Announcements for 2024
The Honourable Randy Boissonnault, Minister of Employment, Workforce Development, and Official Languages, has announced that some of the temporary measures introduced under the TFW Program Workforce Solutions Road Map will be ending this spring, ahead of their initial schedule.
Key Changes Effective May 1, 2024:
Additionally, starting January 1, 2024, employers are required to conduct annual reviews of the wages for temporary foreign workers to ensure they reflect increases in the prevailing wage rates for their respective occupations and regions. These reviews aim to ensure that temporary foreign workers are paid at or above the prevailing wage level throughout their employment period. In most cases, wages will increase following the review; if no increase is warranted, wages will remain the same and cannot be reduced.
The Government of Canada will continue to monitor labor market conditions closely to ensure the TFW Program aligns with current economic needs. This approach ensures that job opportunities are first made available to Canadians while protecting the rights of temporary foreign workers in Canada.
Immigration to Canada helps Canadian employers navigate the Temporary Foreign Worker Program (TFWP), which consists of various streams, each catering to specific hiring needs. Each stream has its own set of requirements to fulfill for obtaining a successful Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).
The TFWP streams are segmented based on the wages offered to foreign workers—whether above or below the Canadian average—and the skill level as per the National Occupation Classification (NOC) system, categorized into high-skilled or low-skilled workers. Here’s a breakdown of the seven distinct TFWP streams.
High Wage Worker Stream
Employers intending to employ temporary foreign workers with wages at or above the median hourly rate of their province or territory need to apply through the High Wage Worker stream. To be granted an LMIA, employers must demonstrate efforts to recruit Canadian citizens or permanent residents for the position.
After receiving a positive LMIA for a high-wage skilled job, employers must forward a copy of the LMIA to the foreign worker. This document is crucial for the worker’s application for a Canadian work permit or, in some cases, permanent residency if they meet the eligibility criteria. It’s important to note that LMIA documents are valid for only six months, so foreign workers should apply for their work permits promptly.
At Immigration to Canada, we ensure every step of the process aligns with the latest guidelines and requirements, helping both employers and foreign workers achieve their goals efficiently.
Low Wage Worker Stream
At Immigration to Canada, we understand the complexities of hiring low-wage workers through the Temporary Foreign Worker Program (TFWP). Employers who offer an hourly wage below their province or territory’s median must submit a Labour Market Impact Assessment (LMIA) application, proving they couldn’t find a Canadian citizen or permanent resident for the position.
Employers must also comply with extra requirements to protect the rights and safety of low-wage international workers. After receiving a positive LMIA for a low-wage role, employers should provide the worker with a copy of the LMIA. This document allows the worker to apply for a Canadian work permit or permanent residency, subject to eligibility. Note that the LMIA is valid for six months from the issuance date.
Agriculture Worker Stream
Canada’s agricultural industry often faces a high demand for labor, particularly during peak seasons. To address this, employers can use one of two agricultural streams to expedite the hiring process. To qualify, employers must be involved in sectors listed on Canada’s national commodity list and ensure that their activities fall under specific National Occupational Classification codes: 0821, 0822, 8252, 8255, 8431, 8432, and 8611.
Seasonal Agricultural Worker Program (SAWP)
Canada has bilateral agreements with certain countries, enabling employers to hire agricultural workers for up to eight months during peak farming periods. Eligible workers must be citizens of Mexico or Caribbean nations like Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago. Employers that meet SAWP requirements can apply for an LMIA, facilitating the hiring of experienced agricultural workers who meet Canadian work standards.
Global Talent Stream (GTS)
The Global Talent Stream (GTS) is designed to help qualified Canadian employers recruit highly-skilled international workers under two specific categories. Category A caters to employers referred by designated GTS partners who need highly-specialized talent. Category B serves employers looking to hire professionals listed on the GTS Occupations List. The GTS streamlines the hiring process by eliminating the need for a Labour Market Impact Assessment (LMIA), which traditionally requires employers to demonstrate efforts to recruit Canadian citizens or permanent residents first. Moreover, GTS work permit applications typically get processed within approximately 10 business days.
Home Care Provider Stream
Families in need of a foreign caregiver to provide in-home care to children, seniors, or individuals with medical needs can utilize the Home Care Provider Stream under the Temporary Foreign Worker Program (TFWP). This stream allows families to hire temporary foreign workers, given the positions align with specific criteria:
Caregivers for Children: Positions such as nannies, au-pairs, and babysitters fall under this category, catering to children under 18. These roles must meet the National Occupation Classification (NOC) Code 44100 for home child-care providers.
Caregivers for People with High Medical Needs: Roles like family caregivers, housekeepers, and personal aides fall under this category, assisting seniors or individuals with disabilities. These positions must align with NOC 44101 for home support workers and caregivers. Families need to follow the same application process as the high-wage and low-wage streams and must demonstrate they have a dependent family member requiring care and the financial means to support the caregiver’s salary.
Note: Families employing in-home caregivers for seniors or individuals with disabilities are exempt from the LMIA application fee. Similarly, those hiring caregivers for children will be exempt from this fee if their gross annual income is below CAD 150,000.
Foreign Academics
Canadian universities, degree-granting colleges, and academic unions greatly benefit from hiring foreign academics who fill high-demand positions and contribute fresh knowledge and expertise to campuses. Employers must adhere to the same application procedures as those hiring through the high-wage stream. In many instances, foreign nationals recruited for research roles in post-secondary institutions might not require an LMIA or a work permit.
Working in Canada as a temporary foreign worker offers numerous benefits that go well beyond just earning a paycheck. One of the key advantages is the chance to gain valuable Canadian work experience. This experience not only boosts your resume but also improves your chances of securing permanent residency in the country.
Canadian immigration programs, such as the Provincial Nominee Programs (PNPs), often give priority to candidates with Canadian work experience. By working in Canada temporarily, you can meet this requirement, positioning yourself well for future immigration opportunities. For example, many PNPs require applicants to have 6-12 months of work experience in the province they are applying to. By accruing this experience as a temporary foreign worker, you meet the criteria set by these programs, thereby increasing your likelihood of obtaining permanent residency.
Additionally, working in Canada lets you fully immerse yourself in the local workplace culture and practices. This direct exposure provides us with valuable insights into the local labor market, which can be beneficial when seeking future job opportunities or advancing your career. Furthermore, collaborating with Canadian colleagues allows you to network within your industry and build professional connections that could prove helpful down the line.
Moreover, Canada is known for its high standard of living, including excellent healthcare, education, and social services. Depending on your specific work permit and the province you reside in, you and your family members may qualify for certain benefits, such as healthcare coverage. These benefits contribute to your overall well-being and offer peace of mind during your stay in Canada.
Working as a temporary foreign worker in Canada not only provides immediate job opportunities but also sets the stage for long-term career growth and immigration prospects. The valuable experience gained, along with access to essential services and the welcoming environment of Canada, make it an appealing destination for those seeking work abroad.
Immigration to Canada offers employer-specific work permits, also known as closed work permits, to temporary workers under the Temporary Foreign Worker Program (TFWP). These permits allow employment in Canada based on the specific conditions outlined in the work permit, which include:
How Long Does it Take to Process Work Permit Applications Under the TFWP?
Generally, the processing times for Canadian work permit applications under the TFWP can extend to several months, with some exceptions. For example, temporary workers who have Labor Market Impact Assessments (LMIAs) through the Global Talent Stream and their family members may qualify for a two-week processing time.
The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign workers on a temporary basis to fill labor shortages when qualified Canadian citizens or permanent residents are not available. The program covers a wide range of occupations and helps companies secure the workforce needed for temporary projects or seasonal work.
To obtain a work permit under the TFWP, a Canadian employer must first secure a Labour Market Impact Assessment (LMIA) to demonstrate that no Canadians are available to fill the position. Once the employer receives a positive LMIA, they provide the foreign worker with a job offer letter and a copy of the LMIA. The worker can then apply for a work permit using these documents.
To apply for the TFWP, you will need:
The duration of employment under the TFWP depends on the specific work permit conditions and the employer's ability to prove the ongoing need for the position. Work permits are typically issued for up to two years, with the possibility of extensions. However, the maximum length of stay in Canada is subject to immigration regulations and may vary based on individual circumstances.
While the TFWP itself is for temporary work, gaining Canadian work experience through the program can make you eligible for permanent residence through other pathways such as the Canadian Experience Class (CEC) or Provincial Nominee Programs (PNP). Having Canadian work experience significantly enhances your chances of successfully applying for permanent residence.
Yes, you can bring your family to Canada under the TFWP. Your spouse or common-law partner can apply for an open work permit, allowing them to work in Canada while you are employed. Your dependent children can accompany you and attend school in Canada. However, all family members must meet Canada’s immigration requirements, including medical and background checks.
These questions and answers will help users of the website understand the opportunities and requirements of the Temporary Foreign Worker Program.
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