The purpose of the Temporary Foreign Worker Program is to improve Canada’s labour shortage:
If a Canadian employer cannot find a worker with the necessary skill set among Canadians or permanent residents, Canada’s Temporary Foreign Worker Program (TFWP) may be able to help.
What is the purpose of the TFWP in Canada?
TFWP aims to bridge the skill gaps in the Canadian workforce. When there aren’t enough Canadians or permanent residents to fill open positions, shortages like these occur. Also, the majority of Canadians are approaching retirement age, and the birth rate isn’t high enough to compensate.
When a Canadian employer is unable to find a suitable candidate in Canada, they may submit a Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada (ESDC) (EDSC).
It is possible for a foreign worker to come to Canada and fill an open post if the LMIA results are good or neutral.
LMIA:
A LMIA provides EDSC with the information necessary to determine if there is a legitimate need to employ a foreign worker and whether doing so will have a positive, neutral, or negative effect on the Canadian labour market. If it is decided that there are Canadians or permanent residents seeking work who are qualified for the position, the request may be denied.
Advertising specifications:
To be qualified for an LMIA, a company must take certain measures to demonstrate that they have made every attempt to recruit and hire a Canadian candidate.
- Vacant positions must be published on the Canadian job market for a minimum of four weeks.
- The position must be listed in Canada’s Job Bank.
- Employers must demonstrate that they have attempted at least two extra recruitment strategies, such as specialised websites, regional job fairs, and local newspapers.
- Employers must also declare that they are aware that it is illegal to lay off or reduce the hours of Canadian workers who are currently employed.
Depending on the type of job opening, there may be exceptions to these guidelines; therefore, it is advisable to consult an expert to ensure compliance with the obligatory advertising standards.
LMIAs with high and low wages:
It is possible that the sort of LMIA that an employer must submit is influenced by the hiring of a TFW. In order to be considered for a post that pays at least the provincial median wage, candidates must apply through the high-paid positions section of the recruitment process.
When hiring for low-wage jobs, employers will have to go via the low-wage position application stream. To hire seasonal, agricultural, touristic, or industry employees this is the most common route taken. For low-wage positions, employers have a 20% cap, meaning only 20% of their employees can be TFWs. This is important to keep in mind. According to the industry, the cap could grow to 30%.
TFWP immigration to Canada: what you need to know:
TFWs must submit their work permit application to Immigration, Refugees, and Citizenship Canada (IRCC) along with a job offer letter, a contract, a copy of the LMIA and the LMIA number after being hired by an employer. Processing time at IRCC might vary.
It is important to note that while a worker is in Canada on a TFWP permit they are unable to work for another employer and can only work for the duration of their contract.
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