Temporary Foreign Worker Program of Canada: The Temporary Foreign Worker Program could be able to help firms in Canada when they are experiencing a manpower shortage.
Companies using the Temporary Foreign Worker Program have to demonstrate that none of their permanent employees or citizens of Canada are prepared, willing, or able to carry out the tasks listed in a job description. An evaluation of the labor market’s impact (LMIA) serves as this evidence.
Getting an LMIA for the Temporary Foreign Worker Program entails the following steps:
- a time frame for posting the job with specific guidelines;
a $1,000 application cost, which is covered by the company; - creating a transition plan that demonstrates the steps the organization plans to take
- measures to gradually lessen reliance on contract foreign labor (for high-paying positions only); and
- compliance with strict standards.
Visit our LMIA page to find out more about the hiring procedure for the Temporary Foreign Worker Program.
Exemptions from LMIA
Employers can hire through temporary work permit streams other than the Temporary Foreign Worker Program, which gives them several options to circumvent the LMIA application procedure. Hiring under one of the International Mobility Program’s (IMP) several streams, which permit LMIA-exempt hiring of foreign workers, may help achieve this.
Before requesting a work permit under the TWFP, employers and employees would be well advised to take into account their alternatives under the IMP.
Temporary Foreign Worker Program of Canada and IMP: an overview
| Feature | Temporary Foreign Worker Program (TFWP) | International Mobility Program (IMP) |
|---|---|---|
| Purpose | To address labor shortages in Canada by allowing employers to hire foreign workers temporarily. | To facilitate temporary work opportunities for foreign nationals in Canada through specific agreements or arrangements. |
| Employer-specific | Yes, work permits are tied to a specific employer. | No, work permits can be either employer-specific or “open”. |
| Labour Market Impact Assessment (LMIA) | Required for all streams except for certain occupations and employers. | Not required. |
| Eligibility | Foreign nationals must have a valid job offer from a Canadian employer and meet other program-specific requirements. | Foreign nationals must meet the requirements of the specific agreement or arrangement under which they are seeking to work in Canada. |
| Processing times | Processing times can vary depending on the stream and the complexity of the application. | Generally faster processing times than the TFWP. |
| Duration of work permit | Varies depending on the stream and the job offer. | Varies depending on the agreement or arrangement under which the foreign national is working. |
Transitioning foreign workers to permanent residency
In Canada, a large number of temporary foreign workers gain permanent residence. These origins may be familial, societal, economic, or a combination of these. Thankfully, international employees may be able to move to permanent residence in Canada, depending on their circumstances.
Work experience from within Canada is valued for participation in several of Canada’s economic immigration schemes. One of the federal programs run under the Express Entry system is the Canadian Experience Class (CEC), which may qualify foreign workers who have worked in Canada for at least a year in a skilled capacity. Candidates for CEC are in a good position to be invited to apply for permanent residency because the Comprehensive Ranking System (CRS) rewards Canadian work experience.
Under one of the Provincial Nominee Programs (PNPs), foreign workers who may not be qualified for Express Entry or who find it difficult to meet the CRS cut-off criterion in Express Entry draws may have further possibilities. Many provinces assist foreign workers in the respective province with the transfer to permanent residence by using their PNP. This might be feasible in certain circumstances, even if the foreign worker has had a non-skilled job.
For foreign workers who have formed a relationship as a spouse or common-law partner with a Canadian citizen or permanent resident, there may also be an immigration possibility.
FAQs
Who is eligible for the TFWP?
To be eligible for the TFWP, foreign workers must:
- Have a valid job offer from a Canadian employer
- Meet the skills and experience requirements for the job
- Be able to legally work in Canada
- Meet any other program-specific requirements
What is a Labor Market Impact Assessment (LMIA)?
A Labor Market Impact Assessment (LMIA) is a document that employers must obtain before they can hire a foreign worker through most streams of the TFWP. An LMIA is a way for the Canadian government to assess whether there are enough Canadians available to fill the job before allowing an employer to hire a foreign worker.
How do I apply for a TFWP work permit?
The application process for a TFWP work permit varies depending on the stream of the TFWP for which you are applying. However, the general steps are as follows:
- Find a job offer from a Canadian employer
- Determine which stream of the TFWP is best for you
- Complete the application form and gather the required documentation
- Submit your application to IRCC
What are the benefits of the TFWP?
The TFWP benefits both Canadian employers and foreign workers. For Canadian employers, the TFWP provides access to a pool of foreign workers with the skills and experience they need to fill labour shortages. For foreign workers, the TFWP provides an opportunity to work in Canada and gain valuable experience.
What are the challenges of the TFWP?
Critics of the TFWP have raised concerns about the program’s impact on Canadian workers and the potential for exploitation of foreign workers. However, the Canadian government has taken steps to address these concerns, such as by introducing new rules to protect the wages and working conditions of foreign workers.
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