If you’re in Canada on a Post-Graduation Work Permit (PGWP) and your permit is about to expire, don’t worry. You can continue working in Canada by applying for a Temporary Foreign Worker Program (TFWP) work permit. Transitioning from a PGWP to a TFWP might seem like a challenging process, but understanding the steps and requirements can make the transition smoother. This guide will walk you through everything you need to know to secure your TFWP work permit and continue your professional journey in Canada.

What is a TFWP Work Permit?

A Temporary Foreign Worker Program (TFWP) work permit allows foreign nationals to work in Canada for a specific employer. It is an employer-specific work permit, meaning you can only work for the employer listed on your permit. The TFWP is an excellent option for those who want to continue working in Canada after their PGWP expires.

Step-by-Step Guide to Transition from PGWP to TFWP

1. Get a Job Offer: Before applying for a TFWP, you need a valid job offer from an employer in Canada. Ensure the employer is willing to support your application by obtaining a Labour Market Impact Assessment (LMIA) to prove that hiring a foreign worker won’t negatively affect the Canadian job market.

2. Labour Market Impact Assessment (LMIA): The LMIA is a document issued by Employment and Social Development Canada (ESDC). It confirms that no Canadian citizens or permanent residents are available to fill the position. A positive or neutral LMIA is required to apply for a TFWP. Employers must advertise the job and meet certain recruitment requirements before applying for an LMIA.
   • Current LMIA Restrictions: Some positions may be ineligible for LMIA processing, such as low-wage positions in certain regions, live-in caregiver jobs, or those in industries like adult entertainment. Be aware of these restrictions before proceeding.
3. Initiate the LMIA Process: If your employer agrees to sponsor you, they must follow a series of steps:
   • Advertise the job position for at least 30 days.
   • Submit the LMIA application along with the required documents, including proof of recruitment and business legitimacy.
   • Pay the LMIA processing fee, which is CAD 1,000.
4. Apply for the TFWP: Once you receive a positive or neutral LMIA, you can apply for a TFWP through the Immigration, Refugees, and Citizenship Canada (IRCC) portal. You’ll need to provide several documents, including:
   • The job offer.
   • The positive/neutral LMIA.
   • Proof of job qualifications.
   • Language proficiency results (if required).
   • Valid passport.
   • Proof of funds to support yourself during your stay in Canada.
5. Processing Times: The processing times for an LMIA and TFWP can vary, but typically it takes around 220 days (approximately 7-8 months) for low-wage positions and 212 days for high-wage roles. If you’re in a rush, the Global Talent Stream can expedite the process.

6. Maintained Status: If you apply for a TFWP before your PGWP expires, you will be granted maintained status (formerly implied status). This means you can continue working under the terms of your PGWP while your new work permit application is being processed.
   

Key Steps in the LMIA Process

1. Identify NOC Code and Wage Rate: Employers must select the appropriate National Occupational Classification (NOC) code for the job position and determine the wage rate.

2. Advertise the Job: Employers must post the job to ensure they have made sufficient efforts to hire Canadians or permanent residents.

3. Submit LMIA Application: The employer must gather all required documentation, including proof of the recruitment process and business legitimacy.

4. Pay the LMIA Fee: The employer submits the LMIA application and pays a fee of CAD 1,000.

5. Receive LMIA Decision: Once the LMIA is approved, the employer provides it along with the job offer to the employee, who can then apply for the TFWP.
   

What Are the LMIA Exceptions?

While most employers must advertise the job for at least 30 days as part of the LMIA process, certain positions have exceptions:

• Positions listed under Category A or Category B of the Global Talent Stream (more on this below).
• Jobs that require specialized skills or are on Canada’s global talent occupations list may bypass the advertising requirement entirely.

Global Talent Stream (GTS)

The Global Talent Stream (GTS) is part of Canada’s TFWP and is designed to fast-track the hiring process for highly skilled workers, particularly in the tech industry. If your employer is eligible for the GTS, the LMIA process can be expedited to just 10 business days.

• Category A: For those hired by employers who have been referred by a designated partner.
• Category B: For workers with skills in high-demand occupations as listed in the Global Talent Occupations List.

Time to Transition from PGWP to TFWP

The entire process from advertising the LMIA to receiving your TFWP could take around 6-8 months. It’s crucial to start the process 8-10 months before your PGWP expires to ensure there’s no gap in your ability to work.

Conclusion

Transitioning from a PGWP to a TFWP work permit can be a seamless process if you follow the necessary steps. By securing a job offer, ensuring your employer applies for a positive LMIA, and carefully submitting your TFWP application, you can continue working in Canada. Remember, the Global Talent Stream can be a great option to speed up the process, especially for those in the tech industry.

To avoid delays and complications, it’s important to plan ahead and ensure you meet all requirements in advance of your PGWP’s expiration. The TFWP offers a great opportunity to continue your career in Canada, and with the right preparation, you’ll be well on your way to success.