The Temporary Foreign Worker Program (TFWP) allows for the hiring of foreign nationals to fill in labour and skill shortages when there is an unavailability of qualified Canadian citizens or permanent residents. However, the program also ensures that Canadian citizens or permanent residents will always have the first opportunity to apply for available open job positions.
Under the joint management of the Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada, the TWFP aims to address genuine labour shortages through the hiring of the following…
Option 1
Qualified foreign worker who is already in Canada (Ex. A foreign worker who is in the near stages of completion of a current job contract with a Canadian employer)
Option 2
A foreign worker possessing an open work permit allowing him to work for any employer he contracts with in Canada
Option 3
A qualified foreign worker living outside of Canada.
The program is advantageous to both employers and employees. On the part of employers who need valuable manpower for certain contracts for which they are unable to recruit Canadian citizens or permanent residents, they can be able to fill these job openings with qualified foreign workers. On the other hand, although temporary foreign workers will be hired to fill in a specified, short-term labour need, there is a possibility for them to make the transition to permanent residence upon meeting certain requirements.
How the Program Works
Before a foreign national can start work for a Canadian employer through the TFWP, there are two requirements needed.
Option 1
Labour Market Impact Assessment (LMIA) = a document serving as official proof that the hiring of the foreign worker will have a positive or neutral impact on the Canadian Labour Market.
Option 2
Temporary work permit
Option 3
Aside from applying for a LMIA, Canadian employers should also be aware of other requirements, appropriate wages, and advertisement requirements and their exceptions.
Employment opportunities that do not fall under the authority of the TFWP are exempted from the LMIA. This is especially true for employment opportunities offered to foreign nationals by Canadian employers through the International Mobility Program (IMP).
INTERNATIONAL MOBILITY PROGRAM (IMP)
Primary goal is to enable employers to fill in jobs wherein there is an unavailability of qualified Canadian citizens or permanent residents.
It is entirely unilateral and upon the discretion of Canada and its employers.
Labour Market Impact Assessment is required.
The Lead department for the program is the ESDC.
There is no reciprocity. Largely based on the current needs of the labour market for specific regions and occupations.
Work permits are employer-specific (a foreign worker is contract bound to only one employer)
Applicability is determined through wage instead of through the National Occupational Classification (NOC)
TEMPORARY FOREIGN WORKER PROGRAM (TFWP)
Primary goal is for the advancement of the broad economic, cultural, and national interests of Canada.
It is governed by bilateral or multilateral agreements with the countries from which the foreign workers originate (Ex. NAFTA)
Labour Market Impact Assessment is NOT a requirement.
The Lead department for the program is the IRCC.
Primarily based on reciprocity
Work permits may be either employer-specific or open (Dependent upon the agreement/contract or the employment situation)
It does not stream by the offered wage.
To learn more about the Temporary Foreign Worker Program, contact us today. We at AccessPoint Immigration Services are here to assist you so that you are able to fulfil your contractual obligations with your Canadian employer.