The Temporary Foreign Worker Program (TFWP)
Canadian employers hire foreign nationals from other countries in the Temporary Foreign Worker Program.
Indian nationals can apply to the identified Canadian employers and make their way to Canada. Canadian employers use this program to meet their labour shortage on a temporary basis. By using this program, Foreign nationals are placed into jobs where permanent residents and citizens of Canada may not be available.
Employers in all provinces of Canada make use of this immigration stream to manage their labor shortages on a short-term basis. Work permits are issued promptly to enable Canadian employers to close the employment gap and hire the requisite skilled foreign nationals.
Salient features of the Program
Under this program, Canadian employers can hire for specific skills as noted below:
- Agriculture workers
- Caregivers are eligible if they opt to live in with the care receiver clients
- Jobs mandating a low skillset
- Jobs mandating a high skillset
Canadian employers under this program need to be mindful of the job details like wage rates, type of job, and working conditions. The mode of advertising must also be clearly specified by the Canadian employer.
Any activity done in violation of the program rules and regulations can end up disqualifying the Canadian employer from participating in this program.
Application Process in this Program
The temporary foreign worker program is implemented jointly by Immigration, Refugees and Citizenship Canada (IRCC), Employment and Social Development Canada (ESDC), and the Canada Border Services Agency (CBSA).
Under this program, there is a number of steps to be followed along with the requisite documentation.
Labour Market Impact Assessment (LMIA) needs to be applied for and obtained by the Canadian employer.
The LMIA is issued by the Employment and Social Development Canada (ESDC). It is a supportive document for this program, which explicitly mentions the reasons a foreign national has been hired for.
The skill in shortage needs to be mentioned along with the fact that the Canadian employer is authorized to hire a suitable candidate.
Once LMIA comes through, the work permit can be applied for and obtained by the foreign worker.
The LMIA is a time-consuming and expensive process. First, the employer applies for the LMIA. In case the LMIA application submitted by the Canadian employer is accepted, the foreign worker then applies for the work permit. While filing the LMIA application, the employer needs to demonstrate few things including:
- Explicit proof that adequate steps were taken to hire and train permanent residents and citizens of Canada
- Payment of equal wages to Canadians and the foreign worker in that area
- Exhibit proof that provincial labour market regulations are being followed
- Demonstrate that suitable steps will be taken gradually to reduce foreign worker hiring
The foreign worker can apply for the work permit once the issuance of the LMIA.
For Indian workers, the next steps are to obtain the Temporary resident visa and successfully clearing the medical examination.
In few cases, an application for a temporary foreign worker may be rejected.
The refusal grounds can range from criminal conviction to inadmissibility arising from security or medical reasons.
Can the family of the Temporary Foreign Worker enter Canada?
This program grants the work permit only to the applicant, not to the family members of the applicant. However, if the position foreign worker is approved for is falls under NOC level ‘O’, ‘A’, ‘B’, the spouse of the applicant may also receive an Open Work permit. Spouses of low-level skills applicants will not get any work permit or open work permit.
Are you having any queries on the temporary foreign worker program? Connect today with our skilled and experienced immigration lawyers and consultants to move ahead towards a better future. Whether it is preparing an LMIA or work permit application, at Nanda & Associate Lawyers, our knowledgeable team is always ready to help.
