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Utilizing The Temporary Foreign Worker Program To Bridge Employment Gaps In Canada
06-29-2022

Utilizing The Temporary Foreign Worker Program To Bridge Employment Gaps In Canada

When Canadian firms are unable to locate employees with the necessary skill set among Canadians or permanent residents, they might use the Temporary Foreign Worker Program (TFWP) in Canada.

Why is there a TFWP in Canada?
To bridge gaps in the Canadian labor market, TFWP was created. When there are not enough Canadian citizens or permanent residents to fill open posts, shortages like these arise. As more Canadians approach retirement age and the birth rate is insufficient to make up the difference, this is becoming increasingly common.
An employer may file a Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada if there is no one in Canada with the required qualifications to fill the post (EDSC).
The employer may recruit a foreign worker to come to Canada and fill the post if the LMIA results are good or neutral.

LMIA
A LMIA gives the EDSC the data it requires to assess whether there is a real need to hire a foreign worker and whether doing so will have a favorable, unfavorable, or neutral impact on the Canadian labor market. The request may be rejected if it is discovered that Canadians or permanent residents who are currently in Canada and qualified for the position are actively looking for employment.

Requirements For Advertising
There are a number of procedures a company must take to show that they have attempted to identify and hire a candidate from within Canada before they are qualified for an LMIA.

  1. Jobs must be advertised for at least four weeks across the whole Canadian labor market.
  2. The Canada Job Bank must post the position.
  3. Employers must show that at least two extra recruitment strategies, such as specialized websites, local job fairs, or local media, have been used.
  4. Employers must also certify that they are aware it is against the law to fire or reduce the working hours of their current Canadian employees.

Depending on the sort of job opening, there can be exceptions to these guidelines, therefore it's important to seek advice from a professional to make sure you're adhering to the rules of required advertising.

LMIAs with high and low pay
The sort of LMIA that an employer must provide depends on one of two factors when hiring a TFW. They must submit an application through the high-wage position stream if the post is for highly specialized employment that pays at least as much as the province median wage.
Employers who are looking to fill low-wage employment must submit applications through the low-wage position stream. This stream is often used to hire temporary employees in the manufacturing, agriculture, or tourism industries. The majority of low-wage positions have a 20 percent cap, which means that no more than 20 percent of the workforce can be TFWs. Depending on the cap could increase to 30%.

How to become a TFWP immigrant to Canada
After being engaged by an employer, a TFW must submit their work permit application to Immigration, Refugees and Citizenship Canada (IRCC) with the LMIA number, a copy of the LMIA, a job offer letter, and a contract. Processing times for IRCC can change.
TFWP work permits are regarded as "closed" work permits, which means that while an employee is in Canada, they will not be able to work for another employer and will only be able to do so for the duration of their contract.

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