Different Types Of Temporary Foreign Worker Program

With the Temporary Foreign Worker Program (TFWP), Canadian employers can hire temporary foreign workers. The TFWP allows Canadian employers to rent temporary foreign workers for positions that couldn’t be filled by Canadian citizens or permanent residents. 

This program is jointly operated by Immigration, Refugees and Citizenship Canada (IRCC) and therefore the Employment and Social Development Canada (ESDC). If you would like to use a piece permit through the TFWP, then you’ll require a legitimate job offer from a delegated employer in Canada. 

You want to also meet the admissibility requirements to enter Canada.Employers would require a positive Labour Market Impact Assessment (LMIA) to rent a far-off worker through the TFWP. A positive LMIA affirms that the employer has met the recruitment requirements. 

It also states that no Canadian citizen or permanent resident was available to fill the position offered to the temporary foreign worker. The LMIA should state an actual need for the foreign worker to fill an edge critical to business operations. 

The TFWP helps Canadian employers to rent foreign workers and provides foreign workers with all the required rights and protections to figure in Canada.

Temporary foreign workers can come to Canada under one of the subsequent streams of TFWP:

1. High-Wage Workers
2. Low-Wage Workers
3. Global Talent Stream
4. Foreign Agricultural Workers
5. In-Home Caregivers
6. Foreign Academics
7. Labour Impact Assessment

Canadian employers who wish to rent foreign workers through TFWP must obtain a Labour Market Impact Assessment (LMIA). If the LMIA is positive, it means there’s no Canadian citizen or permanent resident to fill the position then, the employer can hire a far-off worker. A negative LMIA means the employer must fill the position with a Canadian citizen or permanent resident.

The foreign national can apply for Canadian working papers or permanent residence only after obtaining an LMIA. However, employers can hire foreign workers without an LMIA through the International Mobility Program.

International Mobility Program

Under the International Mobility Program, Canadian employers can hire temporary foreign workers without requiring a Labour Market Impact Assessment(LMIA). The employers are exempt from LMIA requirements in certain situations where the broader economic, cultural, or other advantages for Canada are considered or considering the reciprocal benefits enjoyed by Canadian citizens and permanent residents.

A Canadian employer must follow three steps to hiring a far-off worker through the IMP:

• Confirm the position/worker is eligible for exemption from LMIA.
• Pay $230 as compliance fee.
• Submit a proper job offer through IMP’s Employer Portal.

The foreign worker is going to be ready to apply for his or her working papers only after the employer completes these three steps. LMIA-exempt foreign workers shall enjoy expedited working papers processing under the worldwide Skills Strategy, provided their occupation is categorized under NOC Skill Level A or 0, and that they are applying from an area outside of Canada.

Global Talent Stream

Global Talent Stream (GTS) may be a two-year pilot program introduced in June 2017. The program is supported by a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). 

Under the Stream, certain Canadian employers can hire highly talented foreign workers. The Canadian employers who have successfully mentioned the program are going to be ready to speed up the hiring of foreign workers through the worldwide Skills Strategy.

High-Wage Workers

If an employer wants to rent a short-lived foreign worker who must be paid at/above the median hourly wage of the province or territory must apply through the High Wageworkers stream of TFWP. because of the initiative, the employer must obtain a Labour Market Impact Assessment (LMIA) to demonstrate that they might not find a Canadian citizen or permanent resident to fill the vacancy. 

If the employer succeeds in obtaining a positive LMIA, the foreign worker can apply for the authorization to work in Canada before the validity of the LMIA ends. For this purpose, they have to submit the positive LMIA from an employer, and their official signed employment agreement. counting on their eligibility, they will either apply for a peace permit or permanent residence in Canada.

Low-Wage Workers

The employer has got to apply the TFWP stream for low-wage workers if the temporary workers to be hired are going to be paid the median hourly wage of their province or territory. However, to get LMIA, the employer must meet certain conditions, which protect the workplace rights and safety of low-wage non-resident workers. 

If a positive LMIA is received, the foreign worker can apply for his or her authorization to work in Canada before the validity of the LMIA ends. To use for a peace permit or Canada permanent residence, these workers need to submit the positive LMIA and their officially signed employment agreement alongside the appliance.

Foreign Agricultural Workers

Employers can hire temporary foreign workers to fill certain positions within the agricultural production sector through one of the TFWP agricultural streams. There are two TFWP streams to rent temporary foreign workers within the field of agriculture–the Seasonal Agricultural Worker Program (SAWP), which is usually referred to as the regular agricultural stream. 

To qualify under one of these streams, the employer must meet specific requirements:

• Production must be within the specific commodity sectors that are featured on the national commodity list of Canada.
• The activity must be on-farm primary agriculture categorized under National Occupation Classification (NOC) Codes: 0821, 0822, 8252, 8255, 8431, 8432, and 8611.

Seasonal Agricultural Worker Program (SAWP)

Under the Seasonal Agricultural Worker Program (SAWP), an employer can hire temporary foreign workers for a maximum period of eight months at a time. All the positions to which the foreign workers need to be hired must meet the overall conditions for hiring foreign agricultural workers. 

The foreign workers being hired must be the citizens of either Mexico or one of the Caribbean countries participating in the bilateral agreement that facilitates the SAWP. The participating countries within the SAWP are Mexico, Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and therefore the Grenadines, and Trinidad and Tobago. 

The employer must meet certain conditions concerning transporting workers to and from their country of residence, providing them with accommodation in Canada also, and arranging adequate workplace health and safety conditions for these workers. If the employer meets these requirements, they will apply for an LMIA.

Foreign Academics

By facilitating the hiring of foreign academics in post-secondary institutions, Canada expects to extend the standard of education within the country and also make Canadian institutions competent at a worldwide level. So IRCC and ESDC have developed several procedures to facilitate the hiring of foreign academics. 

In many cases, foreign academics are often hired to research positions at post-secondary institutions without an LMIA, a work permit, or both. However, those foreign academics who aren’t eligible for these exemptions must undergo regular procedures for hiring workers through the TFWP.

Global Skills Strategy

Under the worldwide Skills Strategy, certain foreign nationals can have their work permits processed within a fortnight. To be eligible,

• The candidate must be applying from outside of Canada.
• If the candidate is an LMIA-exempt worker, must be coming to Canada to figure out a position at NOC Skill Level O or A.
• If the candidate requires an LMIA, he/she must possess a positive LMIA issued through the worldwide Talent Stream of the TFWP.

The candidates can submit the appliance for expedited processing under Global Skills Strategy online on IRCC’s web portal. alongside that, their accompanying spouses, common-law partners, and dependent children also can apply for visitor visas/study permits/work permits, and these will be processed in an expedited manner.

Temporary Foreign Worker in Quebec

Quebec’s immigration policies and procedures are distinct from the remainder of Canada; these differences also can be seen within the procedures for hiring foreign workers. a number of the many differences include

Language of Submission

The applications for LMIA must be submitted in French apart from the LMIA applications for in-home caregiver positions. However, if the employer is finding it difficult to satisfy this requirement, they will approach ESDC, who will then assist them.

MIDI Application

The applications for LMIA must have obtained approval from both Quebec authorities and federal authorities. Therefore the applications must be submitted to Service Canada for ESDC processing at the federal level and to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) for processing at the provincial level.

LMIA Exemptions

In some instances, an employer needn’t obtain an LMIA to rent foreign workers. To be eligible for such an exception, the foreign worker to be hired must meet the following criteria:

• Must have legitimate working papers
• Must hold a Quebec Selection Certificate
• Must be residing in Quebec
• Must have applied for PR under Quebec-trained worker Class

Facilitated LMIA

Through the facilitated LMIA process, Quebec employers can apply for LMIAs without proving that they took the trouble to rent a Canadian citizen/permanent resident to fill the vacancy.

Conclusion

The Temporary Foreign Worker Program in Canada is quite just a tool for filling labor gaps; it’s a testament to Canada’s commitment to a globalized labor approach, enriching its industries with diverse talent. While the program provides fantastic opportunities for both Canadian employers and foreign workers, it’s imperative to navigate it with knowledge and understanding.