In an effort to help to tackle the shortage of skilled workers to fill open jobs in Canada, the government instituted the Temporary Foreign Worker Program in an effort to make it easier for Canadian employers to hire talent from abroad.
Most employers looking to hire a temporary worker visa this program must first gain authorisation to do so by applying for a Labour Market Impact Assessment (LMIA).
Who can apply for the Temporary Foreign Worker Program?
There are several streams which make up the Temporary Foreign Worker Program, each targeting a specific group of workers who are in-demand, including:
- High-wage workers
- i.e. those who will be paid at or above the median wage in the province where the job is located
- Low-wage workers
- i.e. those who will be paid below the median wage in the province where the job is located
- Agricultural workers
- i.e. those working within a farm, greenhouse or nursery and directly involved with the planting or cultivation of plants, or the breeding, boarding or care of animals
- Foreign academics
- must be a postgraduate degree holder taking a position at a post-secondary institution which grants degrees
- Caregivers for seniors, children and people with medical needs
- must provide care at least 30 hours per week and work within the household
Labour Market Impact Assessments
The purpose of an LMIA is to establish that it is has not been possible to find a suitable worker already in Canada to fill the vacant role. LMIAs which have been granted to an employer are sometimes referred to as a ‘confirmation letter’.
A ‘positive LMIA’ will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter.
If the role you are applying for requires an LMIA, your employer must send an application to Employment and Social Development Canada (ESDC). The processing time of an LMIA ranges from 7 to 81 working days, depending on the stream you are applying for. The Global Talent Stream typically has the fastest processing times, while low-wage worker and permanent resident streams take the longest to receive a decision.
Potential employees can not apply for an LMIA themselves; this must be done by their potential employer in Canada.
What does the Temporary Foreign Worker Program offer?
This program gives foreign workers the opportunity to get a work permit for a specific job, generally one for which a Labour Market Impact Assessment has been completed. From 1 May 2024, LMIAs are only valid for six months at a time, limiting the time available for potential workers to submit their application under the TFW program.
Depending on the stream and the LMIA, work permits under the TFWP can be issued for up to three years. When requesting durations of employment under the LMIA, employers must ensure that their request is aligned with reasonable employment needs. If the employer anticipates that they will require the worker for longer than the work permit allows, they should apply for a new LMIA between four and six months before it is due to expire.
Family members of temporary foreign workers may be able to accompany them to Canada and apply for an open work permit.
How do I apply under the Temporary Foreign Worker Program?
Before submitting an application for a work permit under the TFWP, you should first ensure that your prospective employer has obtained a positive Labour Market Impact Assessment for the role you are planning to fill for them.
Once you have a copy of the positive LMIA, you can submit your work permit application online. Fees for TFW applications start from CAD $155.