Temporary Foreign Worker Program (TFWP)

Overview

The Temporary Foreign Worker Program (TFWP) is designed to help Canadian employers address labor shortages by hiring foreign workers for temporary positions when qualified Canadian citizens or permanent residents are not available. The program is administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC).

Key Features of the TFWP

• Employer-Driven: Employers must demonstrate the need for a foreign worker and obtain a Labour Market Impact Assessment (LMIA) before hiring.
• Temporary Work Permits: Issued to foreign workers, allowing them to work in Canada for a specific employer and duration.
• Various Streams: Includes streams for high-wage and low-wage positions, agricultural workers, caregivers, and the Global Talent Stream.

Eligibility Criteria

To qualify for the TFWP, both employers and foreign workers must meet specific criteria:

1. Labour Market Impact Assessment (LMIA)

   • Employers must apply for and receive a positive LMIA from ESDC, demonstrating that hiring a foreign worker will not negatively impact the Canadian labor market.

2. Job Offer

   • Employers must provide a valid job offer to the foreign worker, specifying the terms of employment, including wages, duties, and duration of employment.

3. Work Permit Application

   • Foreign workers must apply for a work permit from IRCC, providing the LMIA, job offer, and other required documents.

Types of TFWP Streams

1. High-Wage and Low-Wage Streams

   • High-Wage Stream: For positions where the wage offered is at or above the provincial/territorial median hourly wage.
   • Low-Wage Stream: For positions where the wage offered is below the provincial/territorial median hourly wage.

2. Agricultural Stream

   • For employers hiring foreign workers for on-farm primary agriculture positions, including the Seasonal Agricultural Worker Program (SAWP).

3. Caregiver Program

   • For employers hiring foreign workers to provide care for children, the elderly, or individuals with medical needs in private homes.

4. Global Talent Stream

   • Part of the Global Skills Strategy, designed to help Canadian employers hire highly-skilled global talent to fill specialized positions in the tech and IT sectors.

Required Documents

When applying for the TFWP, employers and foreign workers need to provide the following documents:

1. For Employers

   • Labour Market Impact Assessment (LMIA)
   • Detailed job offer
   • Proof of business legitimacy (business registration, financial statements)
   •  

2. For Foreign Workers

   • Valid passport or travel document
   • Job offer letter
   • Copy of the LMIA
   • Proof of work experience and qualifications
   • Medical exam results (if required)
   • Police certificates (if required)

Application Process

1. Employer Applies for LMIA

   • Employers submit an LMIA application to ESDC, demonstrating the need for a foreign worker and efforts to recruit Canadian citizens or permanent residents.

2. LMIA Decision

   • ESDC reviews the application and issues a positive or negative LMIA based on the impact on the Canadian labor market.

3. Foreign Worker Applies for Work Permit

   • With a positive LMIA, the foreign worker applies for a work permit from IRCC, providing the necessary documents.

4. Work Permit Decision

   • IRCC reviews the application and issues a work permit if the foreign worker meets all requirements.

5. Arrival in Canada

   • Upon arrival, the foreign worker presents their work permit and supporting documents to a border services officer, who authorizes their entry and employment in Canada.

Rights and Protections

• Workplace Rights: Foreign workers in Canada have the same rights and protections as Canadian workers, including fair wages, safe working conditions, and the right to join a union.
• Health and Safety: Employers must ensure a safe work environment and provide necessary health and safety training and equipment.
• Complaints and Violations: Foreign workers can file complaints with ESDC if their rights are violated, and employers may face penalties for non-compliance.

Useful Resources

• ESDC Temporary Foreign Worker Program: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html
• IRCC Work Permits: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit.html
• Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent.html

How GEMS Can Help

At Global Expert Migration Strategies (GEMS), we provide comprehensive support to employers and foreign workers navigating the Temporary Foreign Worker Program. Our services include:

1. Employer Support

   • Assistance with LMIA applications, including preparing and submitting the required documentation.
   • Guidance on recruitment strategies and compliance with TFWP regulations.

2. Foreign Worker Support

   • Personalized consultations to assess eligibility and understand job opportunities.
   • Assistance with work permit applications, ensuring all documents are correctly completed and submitted on time.
   • Guidance on preparing for arrival in Canada and understanding workplace rights and protections.

3. Post-Arrival Services

   • Continued support for both employers and foreign workers, including assistance with work permit extensions, transitions to permanent residence, and addressing any employment-related issues.