The Temporary Foreign Worker Program (TFWP)
The Temporary Foreign Worker Program (TFWP) provides Canadian employers with the opportunity to temporarily engage foreign nationals to address shortages in the Canadian labor market. Operated collaboratively by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), the TFWP facilitates the hiring of foreign talent by Canadian employers while ensuring the rights and protections of these workers in Canada.
The TFWP encompasses various streams through which employers can hire temporary foreign workers, including High-Wage Workers, Low-Wage Workers, Global Talent Stream, Foreign Agricultural Workers, In-Home Caregivers, and Foreign Academics. A crucial aspect of the TFWP is the necessity for a Labour Market Impact Assessment (LMIA). Before hiring a foreign national through the TFWP, employers must obtain an LMIA, demonstrating their inability to find a Canadian citizen or permanent resident for the position. Only after securing an LMIA can employers officially hire a foreign national, enabling them to apply for a Canadian work permit or permanent residence.
It’s worth noting that there are alternative options for hiring temporary workers that do not require an LMIA. These options fall under the International Mobility Program, specifically designed to process LMIA-exempt work permit applications.
Labor Market Impact Assessment (LMIA)
A Labor Market Impact Assessment (LMIA) is an official document issued by ESDC to evaluate the potential effects of hiring a foreign worker on the Canadian labor market. A positive LMIA signifies that no eligible Canadian citizen or permanent resident is available for the position, allowing the employer to proceed with hiring a foreign national.
LMIA-exemptions
The International Mobility Program (IMP)
The IMP streamlines the process of work permits without the requirement of a LMIA. the IMP offers various exemptions, providing flexibility to employers.
Several LMIA-exemptions are available through international agreements. Notable agreements include the North American Free Trade Agreement (NAFTA), Canada-Chile, Prue, Colombia, Korea FTA, Canada-European Union Comprehensive Economic and Trade Agreement (CETA), and the General Agreement on Trade in Services (GATS).
Intra-Company Transferees (ICT): A Strategic Use of LMIA-Exemptions
Intra-Company Transferees can secure LMIA-exemptions by demonstrating that transferring a foreign national to a Canadian location will enhance business quality for the benefit of Canadians.
Spouse Open Work Permit
The Spousal Open Work Permit in Canada is a valuable opportunity for the spouses or common-law partners of foreign nationals holding valid study or work permits to seek employment without restrictions, fostering their integration into the Canadian workforce. Issued for the same duration as their partner’s permit, this permit allows spouses to contribute financially, gain Canadian work experience, and potentially enhance their eligibility for permanent residency.
Bridging Open Work Permit
What does a Bridging Open Work Permit (BOWP) entail? The BOWP serves as an extension for foreign nationals working in Canada who have applied for permanent residency and are awaiting a decision. This permit is exclusively accessible to individuals with a valid work permit who have already submitted their permanent residency application. Successful application for a BOWP grants an open work permit, allowing the holder the flexibility to work for multiple employers in various locations of their preference while awaiting the outcome of their permanent residency application.
International Experience Canada (IEC)
International Experience Canada (IEC) comprises various programs that provide opportunities for young individuals from participating countries to temporarily live and work in Canada. Successful candidates under IEC programs are eligible to apply for a Canadian work permit without the requirement of a Labour Market Impact Assessment (LMIA). IEC allows for a temporary stay in Canada, with approved work permits valid for up to one year.