Temporary Foreign Workers Program
What is Temporary Foreign Worker Program (TFWP)?
When Canadian employers face labor shortages,
the Temporary Foreign Worker Program (TFWP) can provide a solution. Employers
using the TFWP must demonstrate that no Canadian citizens or permanent
residents are available to perform the job duties. This proof is provided
through a Labour Market Impact Assessment (LMIA).
Obtaining a LMIA for the TFWP
The LMIA process includes:
- Advertising the position for a specified period under set
requirements.
- Paying an application fee of $1,000 (paid by the employer).
- Creating a transition plan to show that the employer will reduce
reliance on temporary foreign workers over time (required for high-wage
positions only).
- Adhering to stringent criteria.
LMIA Exemptions
Employers can bypass the LMIA application
process by hiring through the International Mobility Program (IMP), which
allows for LMIA-exempt hiring of foreign workers through various streams.
Employers and workers are encouraged to
explore their options under the IMP before applying for a work permit under the
TFWP.
Temporary Foreign Worker Program (TFWP)
Requirements
- LMIA Required:
Employers must obtain a Labour Market Impact Assessment (LMIA) to prove no
Canadian citizens or permanent residents are available for the job.
- Closed Work Permits: Work
permits issued under TFWP are employer-specific, meaning the worker can
only work for the designated employer.
- Labor Market-Based: The
program addresses temporary labor shortages in specific occupations and
regions.
- Wage-Based Application Streaming:
Applications are processed based on the wage offered for the position,
with different requirements for high-wage and low-wage positions.
- Canadian Worker Search:
Employers must actively search for Canadian workers before hiring a
foreign worker.
- Transition Plan for High-Wage Positions: Employers offering high-wage positions must provide a plan to
reduce reliance on temporary foreign workers over time.
- LMIA Application Fee:
Employers must pay a $1,000 fee for each LMIA application.
- Processing Times: A
two-week processing standard is available only for certain high-demand
occupations and top 10% wage earners. Otherwise, the process can take
several months.
- Regulatory Oversight: The
program is overseen by Employment and Social Development Canada (ESDC).
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