Are you looking to work in Canada? The Temporary Foreign Worker Program (TFWP) might be just what you need to land a job. In this comprehensive guide, we’ll walk you through the nine different streams you can apply for, helping you find the best fit for your skills and aspirations.
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What is the Temporary Foreign Worker Program (TFWP)?
The Temporary Foreign Worker Program (TFWP) in Canada is designed to help employers hire foreign workers to fill temporary job vacancies when qualified Canadians or permanent residents are not available. This program is managed by Employment and Social Development Canada (ESDC) in collaboration with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
Key Aspects of the TFWP:
1. Labour Market Impact Assessment (LMIA): Before hiring a foreign worker, employers must obtain a positive LMIA, which demonstrates that there is a need for a foreign worker and that no Canadian worker is available to do the job. The LMIA process ensures that the employment of foreign workers will not negatively impact the Canadian labour market.
2. Wage Streams: The TFWP has different requirements based on the wage offered. High-wage positions and low-wage positions have separate application streams, each with specific criteria and processing times. As of April 2024, median wage thresholds have been updated to reflect current labour market conditions.
3. Program Changes and Updates: Recent updates include a reduction in the validity period of new LMIAs from 12 months to 6 months, effective May 2024, and a cap on the proportion of low-wage workers an employer can hire under the TFWP. Exceptions to this cap exist for certain sectors like construction and healthcare.
4. Employer Obligations: Employers are required to review and adjust the wages of temporary foreign workers annually to ensure they remain competitive with prevailing wage rates. Additionally, employers must explore all possible avenues, including hiring asylum seekers with valid work permits, before applying for an LMIA.
5. Sector-Specific Measures: Specific sectors experiencing labour shortages, such as agriculture, accommodation, and food services, have provisions allowing a higher percentage of their workforce to consist of temporary foreign workers. These measures aim to address critical shortages while ensuring Canadian workers are prioritised.
What are the requirements for the temporary foreign worker?
To work under Canada’s Temporary Foreign Worker Program (TFWP), foreign workers and their employers must meet several requirements designed to ensure the employment of foreign workers does not negatively impact the Canadian labour market and that the rights of these workers are protected.
Key Requirements for Temporary Foreign Workers:
1. Labour Market Impact Assessment (LMIA): Employers must obtain a positive LMIA, which demonstrates that there are no qualified Canadians or permanent residents available to fill the job. This involves advertising the job position and showing that reasonable efforts have been made to recruit domestically.
2. Job Offer and Employment Contract: The employer must provide a job offer and a detailed employment contract outlining the terms and conditions of employment, including wages, working hours, and other benefits.
3. Wage and Working Conditions: The offered wage must meet or exceed the median hourly wage for the occupation in the specific province or territory. Employers must also ensure that working conditions for temporary foreign workers are similar to those of Canadian workers.
4. Recruitment Efforts: Employers are required to conduct at least three recruitment activities, including advertising the position on the Government of Canada’s Job Bank and targeting underrepresented groups such as Indigenous peoples, vulnerable youth, persons with disabilities, newcomers to Canada, and asylum seekers.
5. Stream-Specific Requirements:
- High-Wage Stream: For jobs that pay at or above the median hourly wage.
- Low-Wage Stream: For jobs that pay below the median hourly wage. There are caps on the proportion of low-wage workers an employer can hire.
- Agricultural Stream: For primary agricultural positions, often with specific requirements related to the type of agriculture and the duration of employment.
6. Language Proficiency: Workers must have sufficient language skills in English or French to perform their job duties effectively. For regulated professions, workers might need to provide certified translations of their education and work credentials.
7. Work Permits and Compliance: Temporary foreign workers must apply for a work permit, which is typically tied to the LMIA and the job offer. Employers must comply with ongoing requirements such as wage reviews and maintaining the conditions stipulated in the employment contract.
These measures are part of Canada’s effort to balance the need for temporary foreign workers with the protection of the local labour market and the rights of all workers.
Determine what stream to apply for
To determine which stream to apply for under the Temporary Foreign Worker Program (TFWP), you’ll need to consider the specific requirements and conditions of each stream. Here’s a breakdown of the different streams and their relevant details:
Labour Market Impact Assessments
An LMIA is a document that an employer in Canada may need to obtain before hiring a foreign worker. It demonstrates that there is a need for a foreign worker to fill the job and that no Canadian worker is available. The LMIA process assesses the impact of hiring a foreign worker on the Canadian labour market.
International Mobility Program
The IMP allows employers to hire foreign workers without needing an LMIA. This program focuses on broader economic, cultural, or other competitive advantages for Canada and reciprocal benefits for Canadians working abroad. Employers must confirm the position qualifies for an LMIA exemption, pay a compliance fee, and submit a job offer through the IMP’s Employer Portal.
Global Talent Stream
The GTS is part of the Global Skills Strategy, aimed at helping Canadian businesses hire highly skilled global talent quickly. This stream expedites the process for employers hiring for in-demand occupations or highly specialised talent. Employers must meet specific criteria and follow an expedited LMIA process.
High-Wage Workers
This stream is for positions that pay at or above the provincial or territorial median wage. Employers must obtain a positive LMIA and ensure the foreign worker applies for a work permit before the LMIA expires. The high-wage stream has stringent recruitment and advertising requirements to prove no Canadians are available for the job.
Low-Wage Workers
This stream applies to positions that pay below the median wage. Employers need a positive LMIA and must adhere to specific caps on the proportion of low-wage workers they can hire. There are additional requirements to protect the rights and working conditions of low-wage foreign workers.
Foreign Agricultural Workers
Employers can hire foreign workers for primary agriculture through the regular Agricultural Stream or the Seasonal Agricultural Worker Program (SAWP). These streams cater to specific agricultural sectors and have unique requirements, including compliance with national commodity lists and specific National Occupational Classification (NOC) codes.
In-Home Caregivers
This stream allows employers to hire foreign caregivers for children, seniors, or persons with medical needs. The employer must demonstrate the need for a caregiver and obtain a positive LMIA. The caregiver must meet specific education and language proficiency requirements.
Foreign Academics
This stream is for hiring foreign academics at degree-granting institutions. It aims to attract international talent to enhance Canada’s educational institutions. The LMIA requirements may vary, and some positions may be LMIA-exempt under the IMP.
TFW in Quebec
In Quebec, the process for hiring temporary foreign workers may involve additional provincial requirements. Quebec has its own selection criteria and processes, including facilitated LMIA processes for certain occupations in high demand.
How to apply for the TFW program?
To apply for the Temporary Foreign Worker Program (TFWP) in Canada, both employers and prospective foreign workers must follow several steps to ensure the process is handled correctly.
Step-by-Step Guide to Apply for the TFWP
1. Secure a Job Offer: The first step is for the foreign worker to secure a job offer from a Canadian employer. Employers often advertise these positions on platforms like the Government of Canada’s Job Bank or other job boards.
2. Obtain a Labour Market Impact Assessment (LMIA): The employer must apply for an LMIA from Employment and Social Development Canada (ESDC). This document proves that the employer has made sufficient efforts to hire a Canadian citizen or permanent resident for the position and that hiring a foreign worker will not negatively impact the Canadian labour market.
The LMIA application involves:
- Advertising the job vacancy within Canada.
- Demonstrating recruitment efforts.
- Providing details about the job and the necessity to hire a foreign worker.
3. Apply for a Work Permit: Once the employer receives a positive LMIA, the foreign worker can apply for a work permit. This application can be submitted online or at a Canadian visa office abroad. The application package generally includes:
- A completed application form (IMM 1295).
- Family Information Form (IMM 5645), if applicable.
- A copy of the positive LMIA.
- A valid job offer from the employer.
- Proof of current immigration status (if applicable).
- A valid passport.
- Recent photographs meeting specific requirements.
- Police clearance certificates.
- Proof of education and professional qualifications.
- Medical examination results, if required.
4. Medical Examination: The foreign worker may need to undergo a medical examination by an approved physician to ensure they meet the health standards required for entry into Canada.
5. Attend a Visa Interview: The worker might be required to attend an interview at a Canadian consulate to verify their application details and provide biometric information.
6. Processing and Approval: The application processing times can vary but generally range from a few weeks to several months. If approved, the foreign worker will receive a work permit and further instructions for entering Canada.
7. Travel to Canada: Upon arrival, the foreign worker must present the necessary documents to the border services officer, who will validate their entry and duration of stay in Canada.
Additional Considerations
- Fees: The application fee for a work permit is CAD 155, and an additional CAD 85 for biometric processing.
- Validity: The initial work permit is typically valid for up to 6 months but can be extended, subject to conditions.
- Family: Immediate family members can be included in the application, although they may need separate approvals to work or study in Canada.
By following these steps and ensuring all requirements are met, both employers and foreign workers can successfully navigate the TFWP application process.
What are the fees for the Temporary Work Permit of Canada?
The fees for applying for a Temporary Work Permit in Canada include several components.
1. Work Permit Application Fee: The basic fee for applying for a work permit is CAD 155.
2. Biometric Fee: In addition to the application fee, applicants are required to pay a biometric fee of CAD 85. This fee covers the cost of providing fingerprints and a photo.
3. Employer Compliance Fee: If the employer is hiring under the International Mobility Program (IMP), they must pay an employer compliance fee of CAD 230.
These fees are payable at the time of application submission and are necessary for processing and approval of the temporary work permit.
How long is the Temporary Work Permit valid?
The validity of a Temporary Work Permit in Canada can vary depending on the specific circumstances of the job and the agreement between the employer and the foreign worker. Generally, here are the main points regarding the duration:
1. Standard Duration: The typical validity period for a Temporary Work Permit is up to 2 years. However, this duration can be shorter or longer depending on the specifics of the job offer and the Labor Market Impact Assessment (LMIA) or exemption conditions.
2. Extension: Work permits can be extended if the employer needs the worker to stay longer and the worker applies for an extension before the current permit expires. Extensions are subject to approval and must meet the same requirements as the initial application, including a new LMIA if applicable.
3. Seasonal and Short-Term Work: For jobs that are seasonal or short-term, the work permit can be valid for as little as a few months. For example, the Seasonal Agricultural Worker Program (SAWP) allows work permits for up to 8 months.
4. Cumulative Duration: In some cases, particularly for low-wage positions, there is a cumulative cap on the duration that foreign workers can stay in Canada on temporary work permits. This is often set at a maximum of 4 years of work within a total period of 4 years.
Can I bring my dependents to Canada while on the Temporary Foreign Worker Program Canada?
Yes, you can bring your dependents to Canada while on the Temporary Foreign Worker Program (TFWP).
Eligibility for Dependents
Dependents typically include your spouse or common-law partner and your dependent children. The following provisions apply:
1. Spouse or Common-Law Partner: Your spouse or common-law partner can apply for an open work permit. This permit allows them to work for any employer in Canada without needing a job offer or LMIA. The eligibility for an open work permit for your spouse is often tied to the type of job you have in Canada, usually requiring that you be employed in a skilled position classified under the National Occupational Classification (NOC) system skill levels 0, A, or B.
2. Dependent Children: Your dependent children can accompany you and attend school without needing a separate study permit if they are of school age. They will, however, need a visitor record if they are not attending school.
Application Process
1. Include Dependents in Your Application: When applying for your work permit, you can include your family members in your application. This involves providing details and documentation for each dependent.
2. Separate Applications: In some cases, dependents might need to apply separately for their permits. For instance, your spouse would apply for an open work permit, and your children for visitor records or study permits, depending on their age and activities in Canada.
Required Documents
For your dependents’ applications, you will typically need to provide:
- Valid passports.
- Proof of relationship (marriage certificate for spouse, birth certificates for children).
- Financial proof that you can support your dependents during their stay in Canada.
- Medical exams (if required).
Additional Considerations
- Work Permit Conditions: Ensure your job meets the requirements for your spouse to get an open work permit.
- Healthcare: Check the healthcare coverage available for your dependents, as this can vary by province and territory.
- School Enrollment: Plan for your children’s school enrollment if they are of school age.
Hire a temporary foreign worker with a Labour Market Impact Assessment
Hiring a temporary foreign worker in Canada using a Labour Market Impact Assessment (LMIA) involves several detailed steps to ensure compliance with Canadian immigration regulations.
Step-by-Step Guide to Hiring a Temporary Foreign Worker with an LMIA
1. Determine the Need for an LMIA: Before hiring a foreign worker, determine if you need an LMIA. An LMIA is required to show that there is a need for a foreign worker to fill the job and that no Canadian worker is available. Some categories under the International Mobility Program (IMP) are LMIA-exempt.
2. Advertise the Job: You must conduct at least three different recruitment activities. One of these must be advertising on the Government of Canada’s Job Bank. The other two methods should target underrepresented groups such as Indigenous peoples, persons with disabilities, and newcomers to Canada.
3. Prepare and Submit the LMIA Application: You need to provide detailed information about the job offer, the recruitment efforts, and the business.
Applications are submitted to Employment and Social Development Canada (ESDC). This can be done online via the LMIA Online Portal or by paper application.
4. Pay the Processing Fee: The fee for processing an LMIA application is CAD 1000 per position. This fee is non-refundable, regardless of the outcome of the application.
5. Await the LMIA Decision: The processing time for LMIA applications can vary but generally takes several weeks. ESDC will review the application to ensure that all criteria are met and that hiring a foreign worker will not negatively impact the Canadian labour market.
6. Receive the LMIA Decision:
- Positive LMIA: If approved, you will receive a positive LMIA which includes a confirmation letter and a detailed report.
- Negative LMIA: If not approved, you will receive a letter explaining the reasons for the refusal.
7. Inform the Foreign Worker: Provide the foreign worker with a copy of the positive LMIA and the job offer. They will need these documents to apply for their work permit.
8. Foreign Worker Applies for a Work Permit: The foreign worker applies for a work permit, either online or at a visa office outside Canada. They need to submit the LMIA, job offer, and other required documents such as a valid passport, police certificates, and possibly a medical exam.
9. Employer Compliance: Ensure that the employment conditions match those stated in the LMIA and the job offer. Employers are subject to compliance reviews and inspections by ESDC.
Key Documents Required
- Job offer letter
- Positive LMIA confirmation
- Proof of recruitment efforts
- Application forms and supporting documents for the work permit
Conclusion
Wrapping up, the Temporary Foreign Worker Program (TFWP) offers numerous pathways for skilled individuals like you to find temporary employment in Canada. By understanding the different streams and their requirements, you can choose the best route to start your Canadian work journey.
Have you found this guide helpful? Do you have any questions or personal experiences with the TFWP? We’d love to hear from you—share your thoughts in the comments below!
