Temporary Forign Worker programs
There are some programs that are meant entirely for the people who are looking for a temporary work opportunity in Canada. Temporary Workers come under:
Temporary Foreign Worker Program (LMIA based Work Permits such as High Wage/Low Wage LMIA, Caregivers, SAWP, Global Talent Stream, Owner Operator Stream) or under International Mobility Program (LMIA Exempt Programs that are divided in two categories Open Work Permits such as Post Graduate Work Permit, Bridging Open Work Permits, Spousal Work Permit, Inland Spousal Sponsorship, IEC Working Holiday or Employer Specific LMIA exempt permits such as the Intra Company Transferees, NAFTA or other Trade agreements, IEC – Young Professionals and International Co-op).
These programs allow the people to work temporarily and then accumulate work experience that will count in their application for a Permanent Residency and then, consequently, the Citizenship of Canada. RedBird Immigration is here to help you at every step of the process in achieving your immigration goals. Contact us today to start the process to meet your immigration needs in a cost-effective way!
The Temporary Foreign Worker Program (TFWP) or International Mobility Program (IMP) allows Canadian employers to hire foreign nationals to fill temporary labour and skill shortages when qualified Canadian citizens or permanent residents are not available. Every year, thousands of foreign workers join the Canadian work force to help and grow the economy. With few exceptions, most individuals willing to work and settle in Canada will require a work permit.
Work permit is an official document that authorizes the a foreign national to work in Canada legally. There are two types of work permits:
- Open Work Permit: An open work permit allows someone to work for any employer in Canada (Labour Market Impact Assessment (LMIA) – NOT required), except for an employer:
- who is listed as ineligible on the list of employers who have failed to comply with the conditions or
- who regularly offers striptease, erotic dance, escort services or erotic massages
- Employer Specific Work Permit (Closed Work Permit): An employer-specific work permit allows a foreign national to work according to the conditions on their work permit, which include:
- the name of the employer they can work for
- how long they can work
- the location where they can work (if applicable)
A positive Labour Market Impact Assessment (LMIA) is required unless LMIA exemption is applicable under certain scenarios.
Work Permit Application Process:
Work permit process, in most cases, requires applicant need to have a valid offer letter,either with LMIA or without LMIA if LMIA is exempted,to apply for Canadian work permit.The first step to get awork permit is by applying for a Labour Market Impact Assessment, if required, from Employment and Social Development Canada (ESDC). After a positive LMIA has been issued, the applicant can apply for a Canadian work permit on that basis.Remember that work permits are employer specific, so if applicant is willing to change the employer, they need to obtain a separate work permit for that.
There are certain eligibility requirements that every applicant must meet in order to successfully secure a work permit. Applicant must:
- Prove to an officer that they will leave Canada when their work permit expires.
- Show that they have enough money to take care of themselves and their family members during their stay in Canada and to return home.
- Obey the law and have no record of criminal activity, police certificates might be requested.
- Not be a danger to Canada’s security.
- Be in good health and have a medical exam, if needed.
- Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions.
- Not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages.
- Give the officer any other support documents as requested by them.
Work Permit application can be applied at following places:
- Application from outside Canada:
- Application from inside Canada:
- Are currently in Canada and have a valid study or work permit, or their spouse or parents have a study or work permit.
- Have graduated from a program at a
- Canadian university.
- Community college.
- CÉGEP.
- Publicly funded trade/technical school, or
- Other eligible school.
- Have a temporary resident permit that is valid for six months or more.
- Have applied or been included in an application for permanent residence from inside Canada (they will have to pass certain stages in the main application process to be eligible for a work permit).
- Have asked for refugee status in Canada and are waiting for a decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.
- Have been recognized by the RPD as a convention refugee or protected person.
- Have had their refugee claim turned down by the RPD but they cannot be removed from Canada for reasons beyond their control.
- Are allowed to work in Canada without a work permit but they need a work permit to work in a different job.
- Application at Canadian Port of Entry:
- Are from a visa-exempt country.
- Already hold a valid medical certificate, if they need it for their job, or are from a designated country, and either
- Have an employer who has completed all of the steps for their type of work permit, or
- Are applying for an open work permit.
Anyone may apply for a work permit before they enter Canada either in their country of citizenship or their current country of residence. In some cases, they must apply to a visa office outside Canada specifically if they need a visa to enter Canada or if they need to have a medical exam before they come to Canada.
Applicant can only apply for a work permit from inside Canada if they:
Applicant can ask to be allowed to work in Canada when they enter Canada but only if they:
If applicant is a citizen of an eTA-required country, they will need to get an eTA if they plan to fly into Canada. To avoid additional costs, it is always recommended that application for work permit for their work permit be made before their travel to Canada.
Work Permit Duration
The work permits come with an expiry date. It is necessary to get permanent resident status to work in Canada permanently or for an unspecified time period. Once the work permit expires, the worker is required to leave the country or apply well before for extension so as to become eligible for work permit again.
Even though most jobs in Canada require a foreign national to have a valid work permit before they can work in Canada but there are certain scenarios where foreign nationals may perform work in Canada without a work permit.
- Business Visitors who do not intend to enter the Canadian labour market such as after sales service providers, board of director meetings, employees of short-term temporary residents, employees of foreign companies.
- Foreign representatives and their family members who are accredited by the Department of Foreign Affairs and International Trade (DFAIT). Family members of foreign representatives must receive a ‘no objection letter’ by the Protocol Department of DFAIT in order to work without a work permit.
- If there is a labour shortage for the occupation in the area where the job is located.
- Military personnel and their family members who are visitors as per Visiting Forces Act. Military personnel are also exempted from Temporary resident visa or eTA and related documents. But their family members require TRV or eTA and other documents but are exempted from work permit requirements.
- Foreign Government Officers on international exchange work for a department or agency in either the federal or provincial government(s).
- American Cross-Border Maritime Law Enforcement Officers who work on both side of Canada-US border.
- In-Flight Security Officers are designated by foreign governments to enforce safety on foreign aircrafts but require TRV or eTA.
- On-Campus Employment/ Off-Campus Employment if authorized by study permit for an international student.
- Performing artists who are not in an employment relationship with a Canadian business and part of foreign production and meet some additional requirements.
- Athletes and Team members of a foreign-based team or Canadian amateur team.
- News Reporters, Media Crews who are employees of a foreign news company for the purpose of reporting on events in Canada.
- Public Speakers who are making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days.
- Convention Organizers who are executive or member of administrative staff of organizing committee.
- Clergy work
- Judges, Referees, and Similar Official sat an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition.
- Examiners and Evaluators of research proposals or university projects, programs or theses.
- Expert Witnesses and Investigators before a federal or provincial regulatory body, a tribunal or a court of law.
- Health Care Students for the primary purpose of acquiring training, if they have written approval from the body that regulates that field.
- Civil Aviation Inspectors of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights.
- Aviation or Accident Investigators participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act.
- Crew member of a foreign-owned means of transportation that is not registered in Canada and is engaged primarily in international transportation.
- Emergency Service providers who need to work for the protection or preservation of life or property.
- People on implied status.
A Foreign National who is eligible to work without a work permit may still require a Temporary Resident Visa or an eTA to enter Canada on a temporary basis.
- who is listed as ineligible on the list of employers who have failed to comply with the conditions or
- who regularly offers striptease, erotic dance, escort services or erotic massages
Types of Open Work Permits:
- Unrestricted Open Work Permits allow foreign nationals to work in any occupation and location.
- Restricted Work Permits restrict the occupation or the location of work. Occupational restrictions are based upon the applicants medical status and location restrictions are depended on the category of applicant for example: an applicant for a bridging open work permit (BOWP) under PNP class will be restricted to work in certain province only.
Open work permit applicants need to include open work permit holder fee extra along with normal work permit processing fee to process the application. A foreign national may be eligible for an open work permit if they meet some additional requirements and currently there are following programs where applicant receives an open work permit:
Post-Graduation Work Permit Program (PGWP)
A post-graduation work permit (PGWP) is an open work permit issued to graduates from a designated learning institution (DLI) once in their life time; not all graduates from all designated learning institutions are eligible for a post-graduation work permit. International students who want to stay in Canada temporarily while working may be eligible to apply for a PGWP; if they:
- Are 18 or older on day of application.
- Have graduated from a Designated Learning Institution (DLI) and continuously studied full-time in Canada in a PGWP approved study program at least eight months long.
- Have a document from their school (transcript, official letter, certificate, etc.) that confirms all program requirements are met.
- Apply for a work permit within 90 days of when it was confirmed that they completed their program of study.
- Have a valid study permit when they apply for the work permit.
Any work experience accumulated in NOC 0, A, B occupations on PGW Permit makes the international graduate eligible for Canadian immigration application specifically in Canadian Experience Class. International students are not eligible to apply for a PGWP; if they:
- Studied in a program that was less than eight months long.
- Studied for more than eight months but not continuously i.e. took a unscheduled break between study program.
- Completed a study program by distance learning either from abroad or from within Canada.
- Already had a post-graduation work permit following any other program of study.
- Received funding or scholarship in a Canadian Commonwealth Scholarship Program, Government of Canada Awards Program funded by Global Affairs Canada (GAC) or Canadian International Development Agency.
- Took part in the Equal Opportunity Scholarship, Canada-Chile or the Canada-China Scholars Exchanges Program or the Organization of American States Fellowships Program.
There are special exceptions related to graduates from accelerated programs that may make them eligible for PGWP if their study program was at least eight months long but student completed it earlier than expected.
International students may be eligible for PGWP if they transfer between schools if combined length of their studies is at least eight months but only the time studying at the DLI will be counted for study time.
International students are still eligible for PGWP if they have been a full-time student since they started their program in Canada, but during their last academic session, they studied part-time and are not required a full course load to complete their program.
Post Graduate Work Permit Duration:
Study Program Length | Expected PGWP Duration |
Less than eight months | Not eligible to receive a PGWP |
Less than two years but more than eight months | No longer than length of program of study PGWP may be issued for three years |
Two years or more | PGWP may be issued for three years |
More than one program scenario:
If International students complete One(1) year degree or diploma from a DLI within two years of their last one(1) year degree or diploma from another DLI, they will be eligible for three year PG work permit as both degrees or diplomas will be eligible as two years of study.
Bridging Open Work Permit - BOWP
The Bridging Open Work Permit is issued to foreign nationals currently working in Canada and who have applied for permanent residence in Canada under any Federal economic immigration programs,To be eligible for a Bridging Open Work Permit, the applicants must:
- Be currently in Canada.
- Have valid status on a work permit that is due to expire within four months.
- Be the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP.
- Have received a positive eligibility assessment on their application.
- Have made an application for an open work permit.
The Bridging Open Work Permit is also issued to foreign nationals who are a spouse or dependent family member of someone who has applied for permanent residence and are currently on Bridging Open Work Permit – BOWP. Certain conditions are required to be met by the holder of a bridging work permit in order for their spouse to also be eligible for an open work permit, those includes:
- In all cases, the bridging work permit must be valid for longer than six months.
- For spouses of FSW applicants, the bridging work permit holder must be performing work that is at a level that falls within National Occupational Classification (NOC) Skill Levels 0, A or B.
- For spouses of PNP applicants, the spouse is eligible for an open work permit for the duration of the work permit held by the principal PNP applicant, irrespective of the skill level of the principal PNP applicant’s occupation.
- For spouses of FST applicants, the bridging work permit holder must be performing work that is within one of the qualifying occupations in NOC Skill Level B.
- For spouses of CEC applicants, there are no set preconditions to be met by the principal CEC applicant.
Dependent children of an applicant in any of these economic classes must obtain an LMIA or have LMIA exemption based on their specific situation in order to apply for a work permit.
Inland Spousal/Common-Law Partner Sponsorship: Open Work Permit Pilot Program
This pilot program allows spouses and common-law partners of Canadians or Permanent Residents to be granted an open work permit while their inland sponsorship application for permanent residence under Family Class immigration category is being processed.The Open Work PermitProgram can help to mitigate the economic and emotional hardships of a long application process by removing the need for a spouse to choose between being with his or her partner and being able to work and also contribute to Canadian economy.
In order to be issued an open work permit, the following criteria must be met:
- A permanent residence application must be submitted under the Spousal/Common-Law Partner Sponsorship Immigration Program.
- A Canadian citizen or permanent resident spouse/common-law partner has submitted a sponsorship application on their behalf.
- The applicant must reside at the same address as the sponsor (spouse/common-law partner).
- The applicant must have valid temporary resident status (as a visitor, student, or worker).
- The applicant and the sponsor must meet all eligibility requirements under spousal or common-law partner sponsorship.
Spousal Open Work Permit
A spouse or common-law partner of an International student or of a skilled worker with a NOC 0, A, Bjob may apply for an open work permit.
In case of International students, their spouse is eligible for open work permit if international student:- is a full-time student at a
- public post-secondary school, such as a college or university, or CEGEP in Quebec
- private college-level school in Quebec or
- Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree)
- has a valid study permit.
- A spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B.
- A spouse of a skilled worker who is on a valid work permit of at least six months.
- A spouse of someone who has an open work permit (e.g. post-graduation work permit)
- Must attach a copy of your spouse’s work permit to your application for an open work permit, along with:
- A letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
- A copy of your spouse’s recent pay slips.
And applicant spousemust be medically admissible and have a clean criminal record. The work permit for spouse or common-law partner of an international student is valid for the same period of time as their study permit.
In case of work permit holders, their spouse is eligible for open work permit if they are:
And applicant spousemust be medically admissible and have a clean criminal record. The work permit for spouse or common-law partner of a work permit holder is valid for the same period of time as theirwork permit.
International Experience Class – Working Holiday Category only
The International Experience Canada program provides youth with the opportunity to travel and work in Canada. Depending upon their country of origin, an applicant seeking entry to Canada under this program can come under open work permit under Working Holiday category.
Program Requirements
This program requires applicant’s country of citizenship must have an agreement with Canada. A country that has an agreement with Canada will allow applicant to apply for an IEC work permit. Each country has different program requirements in addition to most common ones that applicant must meet. They must:
- Be between the ages of 18 and 35 (inclusive).
- Have a valid passport for the entire duration of their stay in Canada.
- Have a minimum of CAN$2,500 to help cover their expenses in Canada.
- Have health insurance for the duration of their stay.
- Have, before departure, a round-trip ticket or demonstrate that they have the ability to pay for their return ticket home.
- Be criminally and medically admissible to Canada.
- Be visiting without any accompanying dependents.
Working Holiday Category:
Young individuals in this program can apply and receive an open work permit, valid for one to two years. This allows the applicants to work for any employer in Canada at any location. This program is designed to help young participants to fund their vacation with temporary work in Canada.
Other Open Work Permits
There are few other categories for applicants under certain circumstances to receive open work permits. If they:
- Are a student who’s no longer able to meet the costs of their studies (destitute student).
- Are a refugee, refugee claimant, protected person or their family member.
- Are under an unenforceable removal order.
- Are a temporary resident permit holder.
- broader economic, cultural or other competitive advantages for Canada; and
- reciprocal benefits enjoyed by Canadians and permanent residents.
There are different programs under IMP that are in place to allow for the movement of business people or professional or workers in order to facilitate business operations without the requirement of getting a Labour Market Impact Assessment (LMIA). Foreign National must meet certain additional requirements to be eligible for work permit under each category of work permit application.
Work permits issued under International Mobility Program are both Open Work Permits and Employer Specific Work Permits. Open Work Permits are exempted from the requirement of job offer (Please visit open work permit page for details about Open Work Permits). Following are Employer Specific Work Permits programs that are LMIA exempted.
Intra Company Transferees (ICT’s) Work Permits
This program allows foreign workers employed with a company overseas to work temporarily in Canada if the business has a branch or location in Canada or is in the process of setting this up. Under this program to qualify for an Intra Company transfer, the foreign worker must:
- Have minimum one-year full-time work experience at the foreign company with in last three years.
- Provide existing proof showing the qualifying relationshipbetween the Canadian business and foreign business as well as between themselves;
- Fall into one of three categories:
- Executives with senior authority and decision making.
- Senior managers whose principal duties are to manage the business and employees.
- Workers with specialized knowledge, pertaining to the company’s products, services or possess expertise in a special area. They must provide proof of their possession of such knowledge and why it is specialized.
Once the foreign worker has accumulated the necessary work experience, they can also use the work experience gained under this program to qualify and apply for permanent residency through the Canadian Experience Class (CEC) or Federal Skilled Worker Program (FSW), thus being able to stay in Canada permanently.
North American Free Trade Agreement (NAFTA) and Other Free Trade Agreement (FTA) Work Permits
This program allows citizens of Canada, the United States and Mexico gain quick entry into each other’s countries for temporary business or investment reasons. Under NAFTA, business people must meet the general rules for temporary entry to Canada. Business people and business visitors are not the same.Business people come to do business under a free trade agreement such as NAFTA. Under NAFTA, there are following groups of business people other than business visitors.
NAFTA Professionals
A NAFTA Professional must be qualified to work in one of approximately 60 targeted professions. Depending on their profession,applicants may be required to provide educational credentials and/or proof of work experience in the field.
NAFTA Professionals must have pre-arranged employment in Canada in an occupation that matches their qualifications. Individuals who wish to perform self-employed work in Canada are not eligible for this category.
NAFTA Intra-Company Transfers
NAFTA Intra-Company Transferees must be transferred to Canada on a temporary basis in order to work for a branch, subsidiary, or affiliate of their US or Mexican employer and they must:
- Have minimum one-year full-time work experience at the US or Mexican company with in last three years.
- Provide existing proof showing the qualifying relationshipbetween the Canadian business and foreign business as well as between themselves;
- Fall into one of three categories:
- Executives with senior authority and decision making.
- Senior managers whose principal duties are to manage the business and employees.
- Workers with specialized knowledge, pertaining to the company’s products, services or possess expertise in a special area. They must provide proof of their possession of such knowledge and why it is specialized.
NAFTA Traders
A NAFTA Trader must demonstrate an intention to carry out substantial trade of goods or services between Canada and their country of citizenship, be it the US or Mexico. “Substantial trade” is when more than 50 percent of the trade is done between Canada and one of these countries, based on either the volume or the value traded.
The employing company must also be of either American or Mexican nationality. It is important to note that an existing trade relationship must already exist between the foreign company and Canada, and that the Trader cannot enter for the purpose of establishing trading contracts or clients. In fact, the Trader must be employed as a supervisor or executive or have duties that involve essential skills.
NAFTA Investors
A NAFTA Investor must demonstrate that they have made a substantial investment in a new or existing Canadian business and that they are seeking entry to Canada to develop and direct the Canadian business. Work permits in the NAFTA Investor category may also be granted to employees of the primary Investor who can be considered essential staff.
Other Free Trade Agreements
There are number of other free trade agreements (FTAs) that are modelled on NAFTA to make it easier for business people from one country to enter another country for a short time. Following is the list of FTA’s in force.
- The Canada-Chile FTA
- The Canada-Peru FTA
- The Canada-Colombia FTA
- The Canada-Korea FTA
Their rules are similar to those under NAFTA and cover business people such asbusiness visitors,professionals,intra-company transferees andtraders and investors.
General Agreement on Trades in Services
Under GATS, Canada agreed to make it easier for foreign business people to access the Canadian services market. This applies to service providers from more than 140 World Trade Organization member countries.Three groups of business people are covered under GATS:
- Business visitors.
- Professionals.
- Intra-company transferees.
Comprehensive Economic and Trade Agreement (CETA)
The Comprehensive Economic and Trade Agreement (CETA) is a free trade agreement between Canada, the European Union (EU), and its member states.CETAfacilitates entry to Canada for certain following business people:
- Business visitors: Two categories of business visitors may enjoy facilitated entry to Canada under CETA: short-term business visitors and business visitors for investment purposes.
- Intra-company transferees: The intra-company transferee provisions of CETA are similar to the already existing Intra-Company Transfer program, with the addition of graduate trainees.
- Investors: The investor provisions listed under the key personnel category of CETA are similar to the provisions found in the North American Free Trade Agreement (NAFTA).
- Contractual service suppliers and independent professionals: CETA facilitates the entry to Canada of certain service suppliers and independent professionals.
The International Experience Canada (IEC)
The International Experience Canada program provides youth with the opportunity to travel and work in Canada. Depending upon their country of origin, an applicant seeking entry to Canada under this program may choose from following categories:
- Working Holiday (OPEN WORK PERMIT – No Job Offer or LMIA required)
- Young Professionals (Employer Specific Work Permit – LIMA Exempted)
- International Co-op Internship.(Employer Specific Work Permit – LIMA Exempted)
Program Requirements
This program requires applicant’s country of citizenship must have an agreement with Canada. A country that has an agreement with Canada will allow applicant to apply for an IEC work permit. Each country has different program requirements in addition to most common ones that applicant must meet. They must:
- Be between the ages of 18 and 35 (inclusive).
- Have a valid passport for the entire duration of their stay in Canada.
- Have a minimum of CAN$2,500 to help cover their expenses in Canada.
- Have health insurance for the duration of their stay.
- Have, before departure, a round-trip ticket or demonstrate that they have the ability to pay for their return ticket home.
- Be criminally and medically admissible to Canada.
- Be visiting without any accompanying dependents.
All Eligible applicants under all the three categories must submit their IEC profile to express their interest in the IEC program. IEC profiles are entered into suitable category of pool(s) and are selected during scheduled “Rounds” of invitations on random basis which is different for different country.
Young Professionals (Employer Specific Work Permit – LIMA Exempted)
This category of IEC is for young professionals to gain Canadian professional work experience to better compete in a global economy. Applicant must:
- have a job offer in Canada that contributes to their professional development.
- The job are offered in Canada must be classified as a National Occupational Classification (NOC) Code Skill Type Level 0, A or B to be considered as contributing to your “professional development.” A NOC C job might be accepted if applicant can submit a post-secondary diploma, certificate or degree, with their work permit application. Their diploma, certificate or degree must be translated to English or French.
- work for the same employer in the same location during your stay in Canada and work must bepaid and not self-employed.
International Co-op Internship. (Employer Specific Work Permit – LIMA Exempted)
This category of IEC is for young students to get valuable overseas work experience related to their field of study.The internship that applicant are offered in Canada must be directly linked to their field of studies. Applicant must:
- Be a student registered at a post-secondary institution in their country of citizenship.
- Have a job offer for a work placement or internship in Canada.
- Need to do this work placement or internship to complete their studies.
- work for the same employer in the same location during their stay in Canada.
The Temporary Foreign Worker Program (TFWP)allows employers hire foreign workers to fill temporary labour and skill shortages, and only when no Canadians and permanent residents are available. A positive LMIA will show that there is a need for the foreign worker to fill the job that employers are offering and that there is no Canadian worker available to do the job.
The temporary foreign workers and the employers must undergo a two-step process to receive a Canadian work permit in most cases. The first step involves the submission of an application to the Employment and Social Development Canada(ESDC) for the Labour Market Impact Assessment(LMIA) and the second application has to be to the Citizenship and Immigration Canada for the actual work permit through Temporary Foreign Worker Program (TFWP).
Following are most common programs under TFWP:
High Wage/ Low Wage Program
In both of these streams, obtaining the LMIA is the first step. The wage being offered for the position will determine if employer need to apply for a Labour Market Impact Assessment under the Stream for High-wage Positions or the Stream for Low-wage Positions, each with their own requirements.
If they are offering a wage to a temporary foreign worker that is:
- At or above the provincial or territorial median hourly wage, they must apply under the Stream for high-wage positions
- A Transition Plan, valid for the duration of the employment of the temporary foreign worker, is a mandatory requirement to hire temporary foreign workers in high-wage positions except in certain cases. It describes the activities employers are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce their reliance on the Temporary Foreign Worker Program.
- Below the provincial or territorial median hourly wage, they must apply under the Stream for low-wage positions.
- Employers are subject to a cap on the proportion of temporary foreign workers that they, as an employer, can hire in low-wage positions at a specific work location.The cap, implemented on June 20, 2014, was phased in to provide employers time to transition to a Canadian workforce which means that they are limited to a:
- 20% cap on the number of temporary foreign workers in low-wage positions, or the employers’ established estimated cap (whichever is lower), if they hired a temporary foreign worker in a low-wage position prior to June 20, 2014.
- 10% cap on the number of temporary foreign workers in low-wage positions if the employers did not employ a temporary foreign worker in a low-wage position prior to June 20, 2014.
- Employers are subject to a cap on the proportion of temporary foreign workers that they, as an employer, can hire in low-wage positions at a specific work location.The cap, implemented on June 20, 2014, was phased in to provide employers time to transition to a Canadian workforce which means that they are limited to a:
- Seasonal Agricultural Worker Program (SAWP)
- The TFWs hired must be citizens from Mexico or participating Caribbean countries.
- Production must be in specific commodity sectors.
- The activity must be related to on farm primary agriculture.
All employers applying under High Wage or Low Wage streams of the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
The Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers (TFW) when Canadians and permanent residents are not available.
These employers can hire TFWs from participating countries for a maximum period of 8 months, between January 1 and December 15, provided they are able to offer the workers a minimum of 240 hours of work within a period of 6 weeks or less.
To qualify for the SAWP, employers must meet 3 criteria:
Employer must have a legitimate business and provide round trip transportation to Canada and back to applicant’s country, proper housing, day to day transportation from housing to work site.
Applicant must
- Have an employment contract with their future employer.
- Have a approved LMIA with a positive determination from ESDC.
- Be a citizen of participating country.
- Be experienced in farming.
- Be at least 18 years of age.
- Be admissible to Canada i.e. Police clearance and Medical Clearance.
Caregiver Program
A foreign national can come to Canada as a temporary foreign worker under Temporary Foreign Worker Program (TFWP) to provide care and support to eligible residents of Canada. Currently there is no separate program for caregivers, so every applicant needs to apply through TFWP. Caregivers must intend to provide care to following class of people to qualify as a caregiver.
- Caring for Children Program.
- NOC 4411 - Home child care providers.
- Applicants must intend to care for children under the age of 18, in their own home or in their employer’s home. They do not need to have lived in their employer’s home to qualify.
- Caring for People with High Medical Needs Program.
- NOC 3012 - Registered nurses and registered psychiatric nurses.
- NOC 3233 - Licensed practical nurses.
- NOC 3413 - Nurse aides, orderlies and patient service associates.
- NOC 4412 - Home support workers are eligible under 4412. Housekeepers are not eligible.
- NOC 3012 and 3233 applicants must prove that:
- They are licensed to practice in Canada.
- They are registered with the regulatory body, as required, in their province or territory at the time of application.
- Have a written contract of employment with their future employer that includes
- Full-time work means at least 30 hours of paid work per week.
- Job duties.
- Hours of work.
- Accommodation detailsand round trip transportation at no cost to caregiver.
- Vacations or any other entitlements such as Sick days, Breaks.
- Termination and Resignation terms and conditions.
- Have an approved LMIA with a positive determination from ESDC.
- Have six months’ training or at least one year of full-time paid work experience as a caregiver or in a related field or occupation (including six months with one employer) in the past three years.
- Able to speak, read and understand at least one of Canada's official languages (English or French). Applicant must have a level of fluency that enables them to communicate effectively and independently in an unsupervised setting. Stricter language requirements are in place for permanent residency pathway for caregiver stream.
- Have Canadian post-secondary degree, diploma or certificate of at least one year or equivalent foreign education with an Educational Credential Assessment report from an approved agency.
- Be admissible to Canada i.e. Police clearance and Medical Clearance.
Caring for Children and Caring for People with High Medical Needs program are also referred as In-Home Caregiver program. There are common requirements to met for these two streams, applicants must:
Employers must demonstrate their financial ability to afford the caregiver and provide proof that they or a dependant is in need of care.
The work experience acquired in Canada can be used to qualify for permanent residency in Canada while working in Canada through caregiver pilot program and also add to the diverse Canadian economy.
Global Talent Stream
The Global Talent Stream is one of the recent additions to Canada's Temporary Foreign Worker Program.This Stream allows certain skilled workers to obtain a work permit within two weeks of applying. It is one of the pillars of Canada's Global Skills Strategy, which aims to help innovative companies grow by ensuring they can access the highly skilled talent they need quickly.There are two categories under the Global Talent Stream.
Category A: Employers may be eligible for Category A of the Global Talent Stream if they have been referred to the Global Talent Stream by one of the Stream's designated partnersand they are hiring unique and specialized talent.
In order to be eligible for Category A, a designated referral partner must validate that a company meets the following eligibility criteria at the time of each referral to ESDC:
- Is operating in Canada.
- Has a focus on innovation.
- Has a willingness, and is capable of growing or scaling up.
- Is seeking to fill a unique and specialized position in the company.
- Has identified a qualified foreign worker for potential hire into that unique and specialized position.
A unique and specialized position is indicated by:
- A highly paid position with an annual salary of at least $80,000, or an annual salary equivalent to the prevailing wage for that occupation if it is higher than $80,000.And
- Advanced knowledge of the industry. and
- Advanced degree in an area of specialization of interest to the employer. and/or
- Minimum of 5 years of experience in the field of specialized experience.
Category B: Employers may be eligible for Category B of the Global Talent Stream if they are seeking to hire highly-skilled foreign workers to fill positions in occupations found on the Global Talent Occupations List. A referral is not required to be eligible for Category B.For the purpose of the Global Talent Stream, employer must commit to pay the highest of either.
- For a highly-skilled position requested under Category B, the applicable minimum wage for the occupation, as identified in the Global Talent Occupations List.
- The wage that is within the wage range that employers are paying their current employees hired for the same job and work location, and with the same skills and years of experience.
- The median wage on Job Bank.
All employers must submit following documents:
- Labour Market Impact Assessment approval
- Global Talent Stream application
- Business Documents
- Job Offer
The work experience acquired in Canada can be used to qualify for permanent residency in Canada while working in Canada and also add to the diverse Canadian economy.
Owner Operator Stream
Canada is and has been an ideal destination to establish and expand business opportunities due to its accessibility to entire north American market. This stream is developed to assist a foreign national to start a new business or purchase a new business and establish the business as a management employee after obtaining the work permit with approved LMIA but this type of LMIA is exempt from advertising requirements. This facilitates the process greatly, as this is usually the most problematic part of the work permit application.
Majority owners of a business could be eligible for the Owner/Operator work permit. Applicant must.
- Provide proof that they have an existing Canadian business or if they are planning to start a new business,
- Show evidence towards the business being opened while at the same time show that they are adding to the Canadian economy in several different ways.
- Have a valid job offer ensuring that they meet the qualifications and experience necessary.
- Have valid evidence of their involvement with the business, such as purchase agreements or contracts.
With an owner/operator work permit, they can start and run their business in Canada without needing an LMIA that is subject to advertising.The work experience acquired in Canada can be used to qualify for permanent residency in Canada while working to establish a business in Canada that can not only be a strong operation but also add to the diverse Canadian economy.
The temporary foreign workers and the employers must undergo a two-step process to receive a Canadian work permit in most cases. The first step involves the submission of an application to the Employment and Social Development Canada (ESDC) for the Labour Market Impact Assessment (LMIA) and the second application has to be to the Citizenship and Immigration Canada for the actual work permit through Temporary Foreign Worker Program (TFWP).
LMIA is a verification process in which the ESDC assesses the offer of employment to ensure that employing any foreign worker will not have a negative impact on the Canadian employees. The employers are required to give a wide range of information duringthe application process. This information is generally regarding the position for which they will hire a foreign worker. Other information which they need to provide will include the number of Canadians who applied for the position, the number of Canadians who were interviewed and a detailed explanation why they were rejected for the position.
The Employment and Social Development Canada considers some things before they approve the work permit.
- The salary that is offered to the foreign worker should be consistent with the average salary that is offered for the job position in Canada.
- The working conditions should be consistent with the labour laws and/or the collective bargaining agreements.
- If there is a labour shortage for the occupation in the area where the job is located.
- If the employer has undertaken any efforts to recruit a Canadian citizen to fill in the position.
- If there is an ongoing labour dispute within the company or the industry.
- If the foreign worker will be able to transfer the unique skills and/or expertise that he or she possess to the Canadian citizens.
- Will there be a creation or retention of jobs for the Canadians?
A LMIA based work permit does not allow a foreign worker to change their job, location or employer because the approval was based on those specific factors. In case any of these condition changes, the worker might have to seek for a new LMIA with the change in conditions.
Typically, a LMIA is obtained within a period of eight to twelve weeks but could take longer than standard processing time after the beginning of the processing. Employers can apply for an LMIA to get a new work permit or to renew the work permit and in certain cases to support the permanent residence application for a foreign national.