Temporary foreign worker program (TFWP)

The temporary foreign worker program enables Canadian employers to find suitable foreign employees to overcome any labor shortage. To utilize the TFW program, the employers must prove that there is no Canadian resident available to fill the vacant job position by obtaining a Labor Market Impact Assessment (LMIA). Only after obtaining the LMIA can the employer hire a foreign national.

The LMIA, issued by Employment and Social Development Canada (ESDC), assesses the impact of hiring a foreign national on the Canadian labor market. A positive LMIA denotes the absence of any suitable Canadian resident/ citizen to fulfill the job requirement, which means that the employer can hire a foreign worker to meet the labor needs.

The TFWP comprises of the following streams, according to the labor needs:

• High wage workers (Paid more than the median hourly wage of the province/territory)
• Low wage workers (Paid less than the median hourly wage)
• Global talent stream
• Foreign agricultural workers
• In-home caregivers
• Foreign academics

Once the employer obtains the LMIA, he must notify the worker to apply for a work permit before the expiration of the LMIA. These temporary work permits are issued for a particular period of time ranging from a few days to a few years. Moreover, most of the work permits issued are job specific and the foreign worker can be employed only in the job specified in the permit.

Certain job specifications do not require the employer to obtain an LMIA to hire foreign workers and are considered as LMIA-exempt situations. An index of all the LMIA-exempt situations is maintained by the ESDC and organized through the International Mobility Program (IMP). These exemptions are dependent on the conditions mentioned below:

• Situations that bring about significant economic/cultural prosperity or other advantages to Canada
• Situations that bring about reciprocal benefits to the Canadian citizens and permanent residents

(A) Entrepreneurs/Self-employed persons

If an entrepreneur or self-employed individual can demonstrate a positive effect towards economic development, they may be granted an LMIA exempt work permit. To qualify, the individual must be the sole owner or at least own half of the business trade. Moreover, they must also assure the immigration authorities that their business is on a temporary basis.

(B) Intra-company transfers

Employees working in foreign establishments related to Canadian companies are exempt from LMIA if they are being transferred temporarily to the country.

(C) Academics

Guest lecturers, researchers and visiting professors are also exempt from LMIA

(D) Reciprocal employment – International agreements and International exchange programs

Foreign employees may transfer to Canada from any other country if they are able to demonstrate a positive impact. Such transfers are carried out through free-trade agreement programs/ exchange programs that Canada is a part of.

(E) Provincial LMIA exemptions

Foreign workers who have been nominated for permanent residence by a province/territory with an eligible job offer do not need an LMIA.

Open work permits allow the individuals to work for any employer or any job of their choice. These are issued to the spouses/common-law partners of skilled workers/temporary foreign workers/international students who wish to work in Canada.

To be eligible for an open work permit, the primary applicant must meet the following requirements:

Skilled workers

–   Must hold a work permit which is valid for at least 6 months

–   Must be employed in a job that falls under skill level 0, A or B of the NOC

–   Must reside in Canada

 International students

–   Must have valid study permits

–   Must be a full time student of any designated institution

–   If the student has graduated, they must hold a valid post graduate work permit

The open work permits are usually valid till their spouse/common-law partner’s work/study permit expires.

Certain job specifications do not necessitate a work permit to be issued and the individual can directly apply for a temporary resident visa to relocate to Canada. A list of all jobs that do not need a work permit is outlined below:

• Athletes/Coaches
• Aviation accident/incident investigators
• Business visitors
• Civil aviation inspector
• Clergy
• Convention organizer
• Crew members
• Emergency service providers
• Examiner and evaluators
• Expert witness or investigators
• Farm work
• Foreign government officers
• Foreign representatives
• Health care students
• Implied status
• Judges, referees, similar officials
• Military personnel
• News reporters
• Off-campus work
• On-campus work
• Performing artists
• Public speakers

Individuals whose job specialty falls under any of these categories are exempt from acquiring a work permit to be employed in Canada. However, they must note that each category has its own set of requirements which must be met. The candidates may go through the specifications mentioned in the IRCC’s official website to check if they qualify.