The Temporary Foreign Worker Program allows employers the ability to recruit foreign workers/ professionals in order to fill the shortages in the Canadian labor force. In addition, the Temporary Foreign Worker Program is jointly operated by IRCC & ESDC. The program helps Canadians to hire the foreign talent they require. It also ensures that these international workers get their rights & the protection they deserve to work safely in Canada. 

Under the TFWP, employers may recruit temporary foreign workers via the following streams: 

• High-wage professionals
• Low-wage professionals 
• Global talent stream
• In-home caregivers
• Foreign academics
• Foreign agricultural workers 

One key characteristic of this program is the requirement of an LMIA, i.e., Labor Market Impact Assessment. Any employer wishing to recruit a foreign national via the Temporary Foreign Worker Program must first get an LMIA. In addition, they must demonstrate that they couldn’t find permanent inhabitants or Canadian citizens to fill the vacant position. 

Upon getting an LMIA, an employer will officially be able to hire a foreign national. This will enable the foreign national to apply for Canadian PR or a Canadian work permit. 

In addition, there are also temporary worker alternatives which enable employees to hire workers without the need for an LMIA. These options are organized within IMP, specifically designed to process LMIA-exempt work permit applications.  

 

Labor Market Impact Assessment

An LMIA is issued by ESDC assessing the impact recruiting a foreign professional will have on the Canadian labor market. A positive LMIA implies that there is no Canadian citizen or permanent inhabitant to fill the position. Well, this enables an employer to hire a foreign national. 

On the contrary, a negative LMIA implies that a Canadian permanent residence must fill the position. 

International Mobility Program 

IMP allows Canadian employers to recruit temporary foreign professionals/ workers without requiring an LMIA. While most employers hiring foreign workers will need an LMIA, there are certain circumstances where some exemptions exist. These exemptions are based on the following conditions: 

• Reciprocal benefits enjoyed by permanent inhabitants & citizens.
• Broader economic, cultural, and other competitive advantages for the country

To hire a foreign worker through IMP, an employer must follow three steps: 

• Pay the employer a compliance fee of CAD 230
• Submit the official job offer via IMP’s employer portal 
• Confirm the position/ worker to be qualified for an LMIA exemption

After completing these three steps, foreign nationals can apply for work permits. The professionals exempt from LMIA might qualify for expedited work permit processing through the Global Skilled Strategy if their position is NOC skilled level A or 0 & they are applying from outside of Canada. 

Global Talent Stream 

The Global Talent Stream is a two-year pilot program launched in the year 2017 through a partnership between ESDC & IRCC. The stream assists specific Canadian employers to recruit highly-skilled global talent enabling them to compete internationally. Thus, employers who successfully refer to this program can expedite the procedure of hiring. 

High-Wage Workers 

Suppose an employer wants to recruit a temporary foreign professional/ worker who will be paid above the median wage of their province or territory. In that case, the employer must apply through the Temporary Foreign Worker Program stream for high-wage workers. A crucial step in this is that employers must obtain an LMIA demonstrating that they could not find a permanent inhabitant or Canadian citizen to fill the position. 

Moreover, once an employer obtains an LMIA, they must inform the foreign professionals of the LMIA results & notify them that they must apply for their authorization to work in Canada before the LMIA expires. Once a foreign worker gets a positive LMIA and the officially signed employment letter from the employer, they can apply for authorization to work in Canada through a work permit or PR application. 

Low-Wage Workers 

Suppose an employer wants to recruit a temporary foreign worker/ professional who will be paid less than the median wage of the territory/ province. In that case, the employer must apply through the Temporary Foreign Worker Program stream for low-wage workers. The primary step in this process needs the employer to get LMIA demonstrating that they couldn’t find a permanent inhabitant or Canadian citizen to fill the vacant job position. 

In addition, employers should note that LMIAs for low-wage workers must meet specific stipulations to ensure the workplace rights & safety of the professionals/ workers. Once a Canadian employer is issued a positive LMIA for a low-wage skilled job role, they must inform the temporary foreign worker of the LMIA results & notify them that they must apply for their authorization of work in the country before LMIA expires. 

Once a low-wage worker gets a positive LMIA from the employer alongside their officially signed offer letter, they may apply for work authorization in Canada through a work permit or PR application. 

Foreign Agricultural Workers 

Canadian employers wanting to recruit temporary foreign workers to fill specific positions associated with agricultural production will be able to use Temporary Foreign Worker Program agricultural streams to hire professionals. Canada offers two streams designed to facilitate hiring temporary foreign professionals in the agricultural field. Moreover, to qualify for either stream, first, an employer must make sure that they meet the following requirements: 

• Production should be in specific commodity sectors on the commodity list of Canada. 
• The activity should be related to on-farm primary agriculture in one of these NOC codes: 80020, 80021, 21112, 82031, 84120, 85103, & 85101

If an employer meets the requirements mentioned above, they might be eligible to recruit temporary foreign workers through the regular Agricultural Stream/ SAWP, i.e., Seasonal Agricultural Worker Program. 

Seasonal Agricultural Worker Program 

SAWP enables employers to recruit temporary foreign professionals to fill temporary positions in agricultural fields for a maximum of eight months. In addition, all positions must meet the general requirements for recruiting foreign temporary workers. Also, foreign workers/ professionals should be Mexican citizens or one of the Caribbean countries participating in the bilateral agreement facilitating the program. If an employer fulfills the requirements, they can apply for an LMIA indicating SAWP specifications. 

Employers recruiting through SAWP should meet specific requirements regarding the transportation of workers, accommodation during the work period, & provision of adequate workplace health & safety conditions. Countries participating in the program include Anguilla, Mexico, Barbados, Jamaica, Antigua & Barbuda, Dominica, Grenada, Montserrat, St. Vincent & Grenadines, Trinidad, Tobago, St. Lucia, & St. Kitts-Nevis. 

In-Home Caregivers 

In 2019, the government of Canada launched two new immigrant pilot programs for caregivers, i.e., the Home Child Care Provider Program & Home Support Worker Pilot Program. 

Families wishing to recruit foreign professionals to offer care in private residences to children, seniors, or individuals with medical needs can do so through the In-Home Caregivers Stream of the Temporary Foreign Worker Program. This stream allows families to hire temporary foreign workers/ professionals, provided that the vacant job roles/ positions to be filled should meet the following criteria:  

• Caregivers For Children: 

Workers providing care to children under 18 years of age must meet the requirements for NOC Code 44100. 

• Caregivers For People With High Medical Needs     

Individuals providing care to people with medical needs must meet the requirements for NOC codes 31301, 32101, & 44101. In addition, families wanting to recruit in-home caregivers might also apply for work authorization through TFWP. They must follow the same application procedure as employers hiring via high-wage & low-wage worker streams. Furthermore, families recruiting these caregivers will have to offer proof that: 

• They have a dependent family member who needs in-home care
• They have the financial capacity to pay the wages of in-home caregivers 

Families hiring in-home caregivers for seniors as well as individuals living with disabilities are exempt from CAD 1000 application fee for a Labor Market Impact Assessment. Moreover, families recruiting such caregivers for children will be exempt from the LMIA application fee in case their gross yearly income is below CAD 150,000. 

Foreign Academics 

Hiring foreign professionals in post-secondary institutions can increase the nation’s quality of education & allows Canadian institutions to be competitive in terms of academic research. Because of this reason, ESDC & IRCC have developed numerous processes to facilitate hiring foreign academic professionals in Canada. In many cases, the professionals hired in research roles might be exempt from needing an LMIA or work permit. Professionals who aren’t qualified for this exemption must ensure that regular procedures are followed for recruiting professionals through the TFWP. 

Global Skills Strategy 

This stream facilitates expedited work permit processing for individuals in specific positions. Under the Global Skills Strategy, specific foreign professionals are eligible to apply for work permits which they can have within two weeks. 

To qualify for expedited processing, foreign workers must apply outside Canada. In addition, foreign nationals must also apply for a work permit meeting under either of the following conditions: 

• LMIA-Exempt Workers 

It includes workers traveling to Canada to work in a role at NOC Skill Level 0 or A.

• Workers Needing An LMIA

It includes processing a positive LMIA issued through the Global Talent Stream of TFWP. 

If an international worker meets any of these two categories, they will be able to apply for two-week processing of the work permit by applying online through the IRCC web portal. 

Moreover, accompanying common-law partners, spouses, & dependent children are also eligible to submit applications for work permits, study visas, & visitor visas, which will also be processed at an expedited rate.   

Temporary Foreign Worker In Quebec 

Quebec retains a major autonomy over its immigration policies & processes. For this reason, the province/ region has a few unique distinctions regarding recruiting foreign workers. 

Language Of Submission 

All LMIA applications submitted in the province of Quebec must be submitted in the French language except for LMIAs for in-home caregiver job positions. Moreover, if an employee has difficulty with this protocol, they might contact ESDC, who will work with Canadian employers to minimize the impacts of the language requirements. 

Application To MIDI

With the immigration programs based in Quebec, applications should be approved by provincial and federal authorities. For this reason, LMIA applications must be submitted to Service Canada & MIDI for processing at a federal level. 

LMIA Exemptions 

In some cases, MIDI has executed a policy exempting the requirement for a Canadian employer to obtain an LMIA for specific foreign professionals. To qualify for this exemption, an employer must hire a temporary foreign professional who meets the following criteria: 

• Has a valid work permit
• Holds a skilled worker/ professional certificate of Selection in Quebec
• Resides in Quebec
• Has applied for PR under the Quebec Skilled Worker class 

Facilitated LMIA 

The facilitated LMIA procedure enables employers to apply for LMIAs without providing proof that they tried to recruit permanent inhabitants or Canadian citizens to fill vacant job positions.

In response to advertising & recruitment requirements, the government of Canada launched a pilot project in partnership/ agreement with the province of Quebec, introducing new flexibilities for employers under the Temporary Foreign Worker Program. From December 6, 2021, to December 21, 2024, the below-mentioned NOC Codes are exempt from advertising & recruitment requirements:    

• 65102 – Store shelf stockers, order fillers, & clerks
• 65311 – Specialized cleaners
• 65100 – Cashiers
• 65312- Janitors, caretakers and heavy-duty cleaners
• 85121 – Landscaping and grounds maintenance laborers
• 95101 – Laborers in metal fabrication
• 65310 – Light duty cleaners
• 95103 – Laborers in pulp, wood, & paper processing
• 85120 – Logging and forestry laborers
• 95104 – Laborers in rubber & plastic products manufacturing
• 95107 – Laborers in seafood & fish processing
• 95106 – Laborers in beverage, food, & associated processing of products 
• 65201 – Kitchen helpers, food counter attendants, & associated support professions 

 

Conclusion 

The TFWP plays an integral role in addressing acute labor shortages, fostering cultural exchange & contributing to overall economic growth. In addition, it offers benefits to both host country & immigrants/ newcomers along with raising concern regarding labor exploitation & job displacement. 

Thus, striking the right balance needs effective monitoring, comprehensive support system, & strong regulations. Moreover, ensuring proper wages, developmental opportunities, & fair treatment is paramount. As the global workforce landscape evolves, thoughtful revisions & program evaluation are vital to maximize the program’s positive impact while safeguarding the rights & interests of foreign workers.