Temporary Foreign Worker Program
In MDS Consulting we are a regulated Canadian immigration Agency, experts in the matter of Canadian Immigration Services. Here we will present the Temporary Foreign Worker Program (TFWP) in Canada, which is a government initiative that allows Canadian employers to hire foreign workers for temporary job positions when qualified Canadian citizens or permanent residents are not available. The program is designed to address labor shortages and support the country’s economy.
Messia Ditshimba, our Senior Regulated Canadian Immigration Consultant, presents some key points about the Temporary Foreign Worker Program Canada:
Work Permits: Foreign workers who wish to work inv Canada under the TFWP generally require a work permit. However, some jobs may be exempt from the work permit requirement under specific agreements or programs.
Labor Market Impact Assessment (LMIA): In most cases, before hiring a foreign worker, Canadian employers must first obtain a positive LMIA from Employment and Social Development Canada (ESDC). A LMIA is a crucial document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labor market.
The LMIA process involves a comprehensive review of the job offer and the employer’s efforts to recruit Canadian citizens or permanent residents for the position. The purpose is to ensure that hiring a foreign worker will not have a negative impact on the job opportunities or wages of Canadian workers.
There are some LMIA exemptions we would like to highlight. Certain job positions are exempt from the LMIA requirement, such as workers under international agreements (e.g., NAFTA, CETA) or programs (e.g., International Mobility Program), and workers who fall under specific categories like intra-company transferees, academics, researchers, and certain skilled workers.
Duration of Employment: The length of employment for foreign workers under the TFWP varies depending on the specific job and the employer’s needs. Work permits are typically issued for a specific period, and workers must leave Canada once their permit expires, unless they apply for an extension or pursue another immigration pathway.
International Mobility Program: IMP is a Canadian immigration program that allows Canadian employers to hire foreign workers on a temporary basis without the need for a Labour Market Impact Assessment (LMIA). The program aims to facilitate the entry of foreign workers who will contribute to Canada’s economic and cultural growth.
Under the IMP, there are several categories and streams through which foreign workers can come to Canada, including:
- International Experience Canada (IEC): This stream allows young individuals (usually aged 18-35) from participating countries to work and travel in Canada through one of three categories: Working Holiday, Young Professionals, or International Co-op. Each category has specific eligibility criteria.
- Intra-Company Transfers: This category enables multinational companies to transfer employees in managerial, executive, or specialized knowledge positions to a branch, subsidiary, or affiliate in Canada.
- Global Talent Stream: This stream is designed to attract high-skilled foreign workers in certain occupations to fill positions that have been identified as in-demand in Canada. It provides a faster and more streamlined process for obtaining work permits.
- International Free Trade Agreements: Canada has entered into free trade agreements with various countries, such as the United States-Mexico-Canada Agreement (USMCA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). These agreements provide provisions for temporary work permits for citizens of member countries.
- Other categories: There are various other categories under the IMP, such as spouses and common-law partners of skilled workers, academics, researchers, and more. Each category has specific eligibility criteria and requirements.
Global Talent Stream: GTS is a component of the International Mobility Program in Canada. It is a fast-track work permit program designed to attract highly skilled foreign workers to fill positions that are in-demand in the Canadian labor market. The GTS aims to help Canadian employers access global talent quickly and efficiently.
The GTS has two main categories:
Category A: This category is for employers who have been designated as “Global Talent” employers by the government or have been referred to the program by one of the GTS’s designated partners. To qualify, employers need to demonstrate that they have a track record of creating jobs, investing in research and development, or have received funding from a recognized venture capital firm. Once designated, these employers can access the GTS for highly skilled positions.
Category B: This category is for employers seeking to hire highly skilled foreign workers in occupations listed on the Global Talent Occupations List. The list includes occupations such as computer programmers, software engineers, data scientists, and other IT-related professions. To qualify, employers need to show that they have made efforts to recruit Canadians for the position but have been unable to find suitable candidates. They also need to develop a labor market benefits plan outlining their commitment to activities that will have positive impacts on the Canadian labor market.
Benefits of the Global Talent Stream include faster processing times for work permits (usually within two weeks) and work permit exemptions for highly skilled workers who are
being paid a salary above the prevailing wage for the occupation. The program also provides facilitated and simplified procedures for the recruitment and retention of global talent.
Program Integrity: In Canada refers to the measures and efforts implemented by the government to ensure the fair and proper functioning of various immigration and employment programs. The objective is to protect the rights of both Canadian citizens/permanent residents and foreign workers, maintain the integrity of the programs, and prevent abuse or exploitation.
It’s worth noting that program integrity measures are in place to safeguard the interests of all stakeholders and to maintain public trust in immigration and employment programs. By promoting fair practices, preventing abuse, and ensuring compliance, Canada aims to create a balanced and transparent system that benefits both the Canadian economy and foreign workers.
Employers must comply with certain regulations, including providing fair wages, safe working conditions, and fulfilling the terms and conditions outlined in the job offer.
Transition to Permanent Residence: The TFWP can serve as a pathway to permanent residence for foreign workers in Canada. Some workers may be eligible to apply for permanent residency through provincial nomination programs, the Canadian Experience Class, or other immigration streams.
It’s important to note that the policies and regulations regarding the Temporary Foreign Worker Program Canada may change over time. For the most up-to-date and detailed information, we as a Canadian Immigration Agency recommend consulting us before proceeding with any application.