Temporary Foreign Worker Program authorises a foreign national to work temporarily in Canada. In most instances work permits will only be issued after the employer gets the Positive Labour Market Impact Assessment (LMIA) issued by Employment and Social Development Canada (ESDC).
An Employer applies for Labour Market Impact Assessment, if applicable
Prior to the issuance of Temporary Work Permit, the Canadian employer wishing to hire a temporary foreign worker may require to apply for and be granted a positive Labour Market Impact Assessment (LMIA) by Employment & Social Development Canada (ESDC), who will confirm the LMIA if they are satisfied that there are no Canadian citizens or permanent residents available to do the job.
An employer makes a Temporary Job Offer
Once an LMIA is approved, the employer in Canada may provide a job offer to a temporary foreign worker. The employer must also send a copy of the positive LMIA along with the job offer letter to the foreign worker.
Foreign Worker applies for the Work Permit
The individual may then apply to IRCC for a Temporary Work Permit.
If the employer is in Canadian is based in the province of Quebec, the foreign worker may also need to obtain a Certificat d’acceptation Du Quebec(CAQ)in order to work temporarily in Quebec. There are a number of professions in Quebec, where the employers are not required to demonstrate Local recruitment efforts to hire temporary foreign workers for those positions in Quebec.
Work Permit Approval
Once the work permit application is approved, the individual will be notified by IRCC. S/he then prepares for their travel to Canada. The Temporary Work Permit will be issued to the individual at the port of entry (Airport / Border Crossing) by the Canada Border Services Agency (CBSA) officer when the foreign worker arrives in Canada.
Labour Market Impact Assessment(LMIA)
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident.
An employer may submit an application for an LMIA as early as 6-months prior to the intended start date for the position. LMIA application procedures vary depending on the wage of the person being hired. Employers should consult the median hourly wages of their province or territory in order to determine whether their position is considered high-wage or low-wage, as low-wage positions will require the employer to meet additional criteria. There are specialized streams for employers wishing to obtain LMIAs for certain areas of employment.
Employers will be required to provide a variety of information about the position for which they want to hire a foreign worker, including the number of Canadians who applied for the position, the number of Canadians who were interviewed, and detailed explanations for why the Canadian workers considered were not hired.
In their analysis of the offer of employment, ESDC will consider the following elements:
- Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?
- Are the working conditions consistent with labour laws and/or collective bargaining agreements?
- Is there a labour shortage for that occupation in the area the position is located?
- Is there an ongoing labour dispute in the company and/or industry
- Has the Canadian employer undertaken recruitment efforts in order to find a Canadian to fill the position?
- Will the foreign worker be able to transfer unique skills or expertise to Canadians?
- Will hiring the foreign worker help to create or retain jobs for Canadians?
- Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?
Documents proving that the employer’s status as a legitimate Canadian business. You must supply documents along with your application to demonstrate that your business and job offer is legitimate.
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Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.
Employers must also advertise all job vacancies in the Canadian job market for at least four weeks before applying for an LMIA and are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canadian Job Bank website. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as Aboriginals or persons with disabilities.
All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.
- TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.
Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.
Median Hourly Wages by Province or Territory
If an employer is hiring a TFW to be paid at or above the median hourly wage for their province or territory then they must go through the high-wage workers stream for LMIAs. If an employer is hiring a TFW to be paid below the median hourly wage then they must go through the low-wage worker’s stream.
If an employer is hiring a TFW to be paid at or above the median hourly wage for their province or territory then they must go through the high-wage workers stream for LMIAs. If an employer is hiring a TFW to be paid below the median hourly wage then they must go through the low-wage workers’ stream.
|Province/Territory||2017 Wage ($/Hour)||2018 Wage ($/Hour)|
|Wages prior to April 22, 2019||Wages as of April 22, 2019|
|Newfoundland and Labrador||21.98||22.00|
|Prince Edward Island||19.00||19.49|
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