Temporary Foreign Worker Program (TFWP) – Detailed Guide

Temporary Foreign Worker Program (TFWP) – Detailed Guide

The Temporary Foreign Worker Program (TFWP) is a Canadian initiative designed to address temporary labor shortages by allowing employers to hire foreign workers for specific positions when qualified Canadian citizens or permanent residents are not readily available. Through the TFWP, foreign workers can obtain temporary work permits to fill short-term employment needs in Canada.

The program typically requires employers to undergo a Labour Market Impact Assessment (LMIA) to demonstrate the need for foreign workers and ensure that hiring them will not adversely affect the Canadian labor market. Workers under the TFWP are usually limited to working for the specific employer named on their work permit, and the program aims to strike a balance between addressing labor gaps and protecting the rights of foreign workers.

What are the requirements for the temporary foreign worker?

The specific requirements for temporary foreign workers in Canada can vary based on the program under which they are applying. However, here are some common requirements that individuals seeking to work temporarily in Canada may need to fulfill:

  1. Job Offer: Usually, individuals need a job offer from a Canadian employer to apply for a work permit. In many cases, the employer may also need to obtain a positive Labour Market Impact Assessment (LMIA).
  2. LMIA (Labour Market Impact Assessment): In cases where an LMIA is required, the employer must apply for and receive a positive assessment from Employment and Social Development Canada (ESDC) to demonstrate the need for a foreign worker.
  3. Work Permit: A work permit is generally required to work in Canada temporarily. The specific type of permit depends on the nature of the work and the circumstances.
  4. Proof of Identity: Applicants need to provide valid passports or travel documents.
  5. Health Requirements: Some workers may need to undergo a medical examination to ensure they meet health standards.
  6. Criminal Check: Depending on the nature of the work, individuals may be required to provide a police certificate to demonstrate good conduct.
  7. Language Proficiency: Depending on the job and the specific requirements, individuals may need to demonstrate proficiency in English or French.
  8. Ability to Support Themselves: Applicants often need to show that they have enough money to support themselves and any family members during their stay in Canada.

Temporary Foreign Worker Program (TFWP) Streams

1. Labour Market Impact Assessments (LMIA)

LMIA, issued by ESDC, assesses the impact of hiring foreign workers on the Canadian labor market. A positive LMIA indicates a need for foreign workers, while a negative one suggests a preference for Canadian citizens or permanent residents.

2. International Mobility Program (IMP)

International Mobility Program (IMP) enables Canadian employers to hire temporary foreign workers without an LMIA under specific conditions, such as broader economic advantages and reciprocal benefits. To hire through IMP, employers follow three steps: confirm LMIA exemption, pay the $230 CAD compliance fee, and submit the official job offer through the IMP Employer Portal. LMIA-exempt workers may qualify for expedited processing through the Global Skills Strategy.

3. Global Talent Stream (GTS)

Global Talent Stream is a two-year pilot program launched in 2017, GTS assists certain Canadian employers in hiring highly skilled global talent for international competitiveness. Successfully referred employers can expedite hiring foreign nationals through the Global Skills Strategy.

4. High-Wage Workers

For employers seeking temporary foreign workers with wages at or above the median hourly rate, the TFWP high-wage stream requires obtaining a positive LMIA. High-wage workers can apply for work authorization through a work permit or permanent residency, depending on eligibility.

5. Low-Wage Workers

Employers desiring to hire temporary foreign workers with wages below the median hourly rate apply through the TFWP low-wage stream, necessitating a positive LMIA. After receiving a positive LMIA, low-wage workers can apply for work authorization through a work permit or permanent residency, depending on eligibility.

6. Foreign Agricultural Workers

Employers seeking temporary foreign workers for agricultural positions may use TFWP agricultural streams. Canada offers two streams based on specific commodity sectors and National Occupation Classification (NOC) codes. If meeting the criteria, employers can hire through the regular Agricultural Stream or the Seasonal Agricultural Worker Program (SAWP).

7. Seasonal Agricultural Worker Program (SAWP)

Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers for up to 8 months in agricultural production. Positions must meet general requirements, and workers must be citizens of Mexico or participating Caribbean countries. Employers applying for SAWP must meet transportation, housing, and workplace health and safety requirements.

Participating countries include Mexico, Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago.

How to apply for the Temporary Foreign Worker Program (TFWP) 

Step 1: Job Offer-Obtain a job offer from a Canadian employer. The employer may need to undergo the Labour Market Impact Assessment (LMIA) process unless the job falls under an LMIA-exempt category.

Step 2: Labour Market Impact Assessment (LMIA): If required, the employer must apply for an LMIA from Employment and Social Development Canada (ESDC). The LMIA assesses the impact of hiring a foreign worker on the Canadian labor market.

Step 2: Work Permit Application: Once the employer receives a positive LMIA, the temporary foreign worker can apply for a work permit. In some cases, the LMIA approval may serve as a job offer, making it easier for the worker to apply for a work permit.

Step 3: Prepare Supporting Documents: Gather all necessary supporting documents, including a valid job offer, LMIA approval, proof of identity, educational credentials, language proficiency results, and any other documents required for the specific stream.

Step 4: Online Application: Most applications are submitted online through the Immigration, Refugees, and Citizenship Canada (IRCC) website. Create an online account and complete the application form, ensuring all information is accurate and up-to-date.

Step 5: Pay Fees: Pay the required application fees online using the accepted payment methods.

Step 6: Biometrics: Depending on your country of residence, you may need to provide biometrics. Visit a designated biometrics collection service point if applicable.

Step 7: Wait for Processing: After submitting the application, wait for it to be processed.

Step 8: Receive Work Permit: Once the application is approved, the temporary foreign worker will receive a work permit allowing them to work in Canada for the specified duration. It’s important to adhere to the conditions outlined in the work permit and comply with Canadian laws throughout the employment period.

FAQs

Q: Who is eligible for TFWP Canada?

Eligibility for the Temporary Foreign Worker Program (TFWP) in Canada depends on various factors. Generally, employers need to demonstrate a legitimate need for hiring foreign workers, and potential employees must meet specific qualifications for the job. The employer typically requires a positive Labour Market Impact Assessment (LMIA) to hire a foreign worker.

Q: What is the program for temporary foreign workers?

The Temporary Foreign Worker Program is designed to address temporary labor shortages in Canada by allowing employers to hire foreign workers when qualified Canadian citizens or permanent residents are not available. The program has different streams and categories based on factors such as wage levels and types of occupations.

Q: Can temporary foreign workers get PR?

Temporary foreign workers in Canada may be eligible to apply for permanent residency through various immigration pathways, such as the Express Entry system, Provincial Nominee Programs (PNPs), or the Canadian Experience Class (CEC). Meeting specific eligibility criteria and requirements is essential for a successful permanent residency application.

Q: How can I get LMIA from India?

Employers in Canada apply for a Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC) or Service Canada. The LMIA process involves demonstrating that hiring a foreign worker will not negatively impact the Canadian labor market. As a worker, you generally need a job offer from an employer who has obtained a positive LMIA.

Q: How long can a TFW stay in Canada?

The duration of stay for a Temporary Foreign Worker in Canada is typically tied to the length of the job offer specified in the work permit. Work permits can vary in duration, and individuals must leave Canada when their permit expires unless they apply for an extension like (BOWP) or another immigration status.

Q: How much is TFWP visa fees?

Visa fees associated with the Temporary Foreign Worker Program (TFWP) visa fees is $155 for the initial application. Applicants might have to pay more in the process.

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