The temporary Foreign Workers Program in Canada is a program that aims to help employers in Canada to find highly skilled workers when they are not able to find suitable among Canadian citizens or permanent residents.
Need for TFWP in Canada
The Temporary Foreign Workers Program is developed to address the labor shortage in the Canadian labor market. These shortages occur when there are not enough Canadian workers available to fill required designations. It is becoming more frequent because many Canadians are rising to their retirement age the birth rate is too low in Canada.
When an employer in Canada is unable to find anyone in Canada with the required skills to fill the designation then they submit the LMIA (Labor Market Impact Assessment) to the employment and social development of Canada. If the LMIA returns impartial and positive, then employers can hire employees from foreign countries to fill the designation.
About LMIA
An LMIA provides the EDSC with the information it needs to assess whether there is a real need to hire a foreign worker and if doing so will have a positive, neutral or negative impact on the Canadian labor market. If it is determined that there are already Canadians or permanent residents in Canada who can work, and are seeking employment, a request can be made.
Requirements for advertisement
To become qualified for LMIA employers have to take many steps to show that they have made every effort to locate and hire a worker from within Canada.
- Job vacancies must be advertised in the job market in Canada minimum of four weeks.
- Canadian have to post the job on Canada’s Job Bank.
- Employers must demonstrate that they have tried at least two additional recruitment methods, such as specialty websites, regional job fairs, or local newspapers.
- Employers must also prove that they are aware that retrenchment or reduction of hours for Canadian workers currently employed by them is prohibited.
There may be exceptions to these rules depending on the type of job vacancy and it is advisable to consult an expert to ensure that you are meeting the mandatory advertising requirements.
High & Low salary LMIAs
There are two reasons to hire a TFW and this may affect the type of LMIA that an employer must present. If the position is for a highly specialized job that pays equal to or higher than the provincial average salary, they must apply through the higher pay position stream.
Employers who wish to fill the posts considered to be low pay must apply through the low pay position stream. This is a stream usually used for hiring seasonal, agricultural, tourism, or factory workers. It’s important to note that in most low-paying positions, employers have a 20% cap which means only 20% of employees can be TFW. This limit can go up to 30% depending on the industry.
Ways to migrate to Canada with a TFWP
After an employer has hired a TFW, the candidate must submit their work permit application to Immigration, Refugees and Citizenship Canada (IRCC) along with a job offer letter, a contract, a copy of the LMIA, and the LMIA number. IRCC processing times may vary.
A TFWP work permit is considered a ‘closed’ work permit, which means that when an employee is in Canada, they will not be able to find work with another employer and will only be able to work for the amount of time specified in their contract.
