Temporary workforce program in Canada
The Canada Temporary Labor Force (TFWP) program allows Canadian employers to hire foreign nationals to fill the labor shortage inCanada. The TFWP is jointly administered by the Canadian Immigration, Asylum and Citizenship (IRCC) and the Employment and Social Development Canada (ESDC).
TFWP helps Canadian employers recruit the foreign talent they need. It also ensures that this foreign workforce will enjoy the rights and protections it deserves. Under the TFWP, employers may hire temporary foreign workers through any of the following streams:
- High wage labor
- Low-wage labor
- Global talent flow
- Foreign agricultural labor force
- In-house nurses
- Foreign academics
An important feature of the Temporary Labor Force Canada (TFWP) program is the need to assess labor market impact. Any employer wishing to hire a foreign national through TFWP must first present their LMIA, which indicates that they are unable to find a Canadian citizen or permanent resident to fill that job position. The employer will only be able to formally employ a foreign national after obtaining an LMIA, thus enabling foreign nationals to apply for a Canadian work permit or permanent residence in Canada.
There are a number of temporary work options that allow employers to hire the workforce they need without the need for an LMIA. These options are organized in the International Dynamics Program, which is designed to process work permit exemption applications.
Assessing the impact of the labor market
The Labor Market Impact Assessmentis a document issued by the ESDC that assesses the impact of hiring a temporary worker in the Canadian labor market. A positive LMIA indicates that there is no Canadian citizen or permanent resident of Canada to fill a position, thus enabling an employer to hire a foreign national.
A negative LMIAindicates that a job must be held by a Canadian citizen or permanent resident of Canada.
International Dynamics Program
The International Dynamics Program (IMP) enables Canadian employers to hire the workforce without the need for a Labor Market Impact Assessment (LMIA). While most employers need an LMIA to hire foreign workers.
There are certain conditions for exemption from LMIA. These LMIA exemptions are based on the following conditions:
- Expand Canada’s economy, culture or other competitive advantage. And
- Mutual benefits for Canadians and permanent residents alike.
To hire foreign workers through the IMP, a Canadian employer must follow three steps:
- Confirmation of position or workforce eligible for LMIA exemption.
- Pay the employer’s admission fee, which is C $ 230.
- Submit a formal job offer through the IMP Employer Portal.
Foreign nationals are eligible to apply for a work permit only after completing these three steps. If their position is A or 0 in their NOC skills level and they are applying from outside Canada, they may be eligible for LMIA exemption to process work permits.
Global talent flow
The Global Talent Stream (GTS) is a two-year pilot program launched in June 2017 through a partnership between Immigration, Asylum and Citizenship of Canada (IRCC) and Employment and Social Development Canada (ESDC). The GTS is helping some Canadian employers to hire world-class talent to enable them to compete internationally. Employers who are successfully referred to this program can accelerate the process of hiring foreign nationals through a global skills strategy.
High wage labor
If an employer wants Implement a Canadian temporary workforce program and hire a temporary workforce whose average wage is equal to or above the average hourly rate in the province or territory in question. TFWP Debt Application for High Wage Work. In the first step of this process, the employer must demonstrate a Labor Market Impact Assessment (LMIA) to prove that they were unable to find a Canadian citizen or permanent resident of Canada to fill that job position.
When an employer is issued a positive LMIA for a high-paying skill position, they must notify the foreignworkforce of the LMIA results and inform them that they must apply for a permit to work in Canadabefore the expiration of the LMIA. When a high-wage workforce receives a positive LMIA from an employer in addition to their signed formal contract, depending on their eligibility, the candidate can obtain a work permit in Canada either by applying for a work permit or by applying for permanent residence. , To request.
Low-wage labor
If an employer wants to hire a temporary foreign workerwho is paid less than the average hourly wage in the province or territory, the employer must apply for alow-wage workforce through the TFWP stream. The first step in this process requires the employer to assess the impact of the labor market to show that they were unable to find a Canadian citizen or permanent resident of Canada to fill that job position.
Employers should be aware that the LMIA for low-wage labor requires employers to comply with certain conditions to ensure the rights and safety of the workplace and the safety of low-wage non-resident workers. When a positive LMIA employer issues a low-wage skill position, they must notify the foreign workforce of the LMIA results and inform them that they must apply for a work permit in Canada before the LMIA expires.
When a low-wage worker receives a positive LMIA from an employer in addition to his or her formal contract, depending on their eligibility, the candidate can obtain a work permit in Canada either by applying for awork permit or by applying for permanent residence. , To request.
Foreign Agricultural Workforce in Canada
Employers who Canada’s temporary workforce programhires them to fill specific opportunities related to agricultural production. TFWPfor hiring Use work force. Canadahas two streams to facilitate recruitment Provides temporary foreign labor in the field of agriculture. To be eligible for each course, an employer must first ensure that they meet the following general requirements:
- Production must be in the Specific Goods section of the Canada National Product List.
- This activity must be related to the primary agricultural sector on the farm in one of the following National Occupational Classification (NOC) codes: 0821, 0822, 8252, 8255, 8431, 8432 and 8611
If an employer meets the above criteria, he or she may be eligible tohire temporary foreign labor through the normal agricultural flow or the seasonal farmer labor program (SAWP).
Seasonal Workforce Program (SWAP)
The Seasonal Farmer Workforce Program (SAWP) enables employers to hire temporary foreignworkers for up to 8 months, while simultaneously filling temporary job positions in agricultural production. All positions must have the necessary conditions to employ foreign agricultural labor. Foreign workers must also be citizens of Mexico or one of the Caribbean countries participating in the bilateral SAWP facilitation agreement. If an employer meets the SAWP requirements, they can request an LMIA to indicate the SAWP specifications.
Employers hired through SAWP must meet certain requirements regarding the transportation of labor to their country of residence and from that country, housing during the work period and the provision of adequate health and safety conditions at work. Countries participating in SAWP are: Mexico, Angola, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago.
In-house nurses
Important updates
In 2020, the Government of Canada will implement two new pilot immigration programs for caregivers (nurses), an in-home child care provider, and a home support program. The programs will be launched in 2020, but information on the exact launch date, as well as eligibility criteria and application method, has not yet been released.
Note:With the launch of these two pilot programs, they will replace the current care programs, the child care pilot program and the pilot care program for people with high medical needs.
Families wishing to hire a foreign national to provide care services in a private accommodation to the elderly, children or people in need of medical care may be able to do so through an in-house nurse flow from TFWP. This enables families to hire temporary foreign workers, provided that the filled positions meet one of the following criteria:
Nurse for children: For those who care for children under 18 years old. This position must meet the requirements of the National Occupational Classification (NOC) Code 4411.
Nurse for people with high medical needs: It provides care for the elderly or people with disabilities who need care. This job position must meet the requirements of one of the NOCs for 3012, 3233 or 4412. Families wishing to hire home nurses may apply for a permit through the TFWP. Families should follow the same method as employers hire through high wages. In addition, families hiring an in-home nurse should provide evidence that:
- They have a dependent family member who needs home care. And
- They can afford to pay for in-home nursing.
Families who hire people to care for the elderly and people with disabilities at home are exempt from the $ 1,000 LMIA application fee. Families who hire in-home nurses for their children will be exempt from the LMIA application fee if their gross annual income is less than C $ 150,000.
Hiring foreign academics in Canada
Hiring foreignacademics at post-secondary institutions can enhance the quality of Canadian education as well as enable Canadianinstitutions to compete globally for academic research. For this reason, the IRCC and ESDC have developed methods to facilitate the employment of foreign academics in Canada. In many cases, foreign nationals employed in research centers at post-secondary institutions may be exempt from having an LMIA, work permit, or both. Academics who are not eligible for a work permit or exemption should ensure that they follow the usual steps for hiring labor through the TFWP.
Global Skills Strategy
The Global Skills Strategy is designed to facilitate the rapid processing of work permits for individuals in specific positions. With the Global Skills Strategy, some foreign nationals are eligible to apply for their work permits in two weeks. To be eligible for fast processing, foreign nationals must apply from outside Canada. Foreign nationals must meet one of the following two conditions to obtain a work permit:
- LMIA–free workforce:Travel to Canada to work in a NOC 0 or A. skill level
- Workforce that needs an LMIA: Having a positive LMIA issued through the TFWP Global Talent Stream.
If a foreign national meets either of the above, he or she can apply for a two-week work permit by submitting an online application through the IRCC website. Accompanying spouses, partners and dependent children are eligible to apply for visitor visas, study permits and work permits to be processed more quickly.
Temporary labor program in Quebec
The province of Quebecmaintains considerable independence from its immigration policies and practices. For this reason, the province has unique differences in the employment of temporaryforeign labor.
Submit a request language
All LMIA programs offered in Quebecmust be submitted in French, except LMIA for home nursing careers. If an employer has a problem with this protocol, they can contact the ESDC to work with employers to minimize the impact of the language requirement.
Request to MIDI
Like all Quebec-based immigration programs, programs must be approved by provincial and federal authorities. For this reason, applications for the LMIA must be submitted to the Ministryof Canada and the Ministries of Immigration, de la Diversité et de l’Inclusion, or MIDI, for processing at the federal level for ESDC processing at the federal level. .
LMIA Exemptions
In some cases, MIDI has implemented a policy that exempts an employer from obtaining the LMIA requirements for some foreign workforce. To be eligible for this exemption, the employer must hire a temporary foreign workforce that meets the following criteria:
- Has a valid work permit.
- Have a Certificate of Selection of Skilled Workforce in Quebec (CSQ).
- Be a resident of Quebec province. And
- Applicant for permanent residence in the skilled workforce of Quebec.
Make LMIA easy
The simplified LMIA process allows Quebec employers to use LMIA employees without the need to provide proof of employment of a Canadian citizen or permanent resident of Canada to fill that job position.