LMIA

The Temporary Foreign Worker Program (TFWP) is a Canadian federal program that allows employers to hire foreign nationals to fill temporary labor and skill shortages when qualified Canadian citizens or permanent residents are not available. It benefits businesses by providing access to a wider talent pool, enabling them to address specific skill gaps and meet their operational needs effectively.

To hire through the TFWP, employers must typically follow these steps:

Obtain a Labour Market Impact Assessment (LMIA): Employers must apply for an LMIA from Employment and Social Development Canada (ESDC) to demonstrate that hiring a foreign worker will not negatively impact the Canadian labor market.

Job Advertisement: Employers must advertise the job to Canadian citizens and permanent residents to show that there are no qualified local candidates available.

Job Offer: Once the LMIA is approved, provide a formal job offer to the foreign worker.

Work Permit Application: The foreign worker must then apply for a work permit, supported by the positive LMIA and job offer.

Compliance: Employers must comply with TFWP regulations, including ensuring proper wages and working conditions, and keeping records to demonstrate compliance.

The processing time for an LMIA can vary depending on several factors, including the type of position and current workloads at ESDC. Generally, it can take anywhere from a few weeks to several months. Employers are encouraged to plan accordingly and submit their applications well in advance of their staffing needs. Expedited processing may be available for certain categories, such as high-demand occupations, skilled trades, and in cases of significant economic benefit to Canada.

Employers have several obligations under the TFWP, including:

Wages and Working Conditions: Ensure that foreign workers receive wages and benefits comparable to those offered to Canadians and that working conditions meet Canadian labor standards.

Record Keeping: Maintain accurate records of the employment of foreign workers for a period of six years, including proof of wages paid and hours worked.

Compliance with Laws: Adhere to all federal and provincial employment laws, including health and safety regulations.

Workplace Inspections: Cooperate with any inspections or audits conducted by ESDC or Immigration, Refugees and Citizenship Canada (IRCC) to verify compliance.

Return Transportation: Provide or pay for the return transportation of the foreign worker to their country of origin if their employment ends before the work permit expires.

Yes, it is possible for temporary foreign workers to transition to permanent residency. Canada offers several pathways for skilled workers to become permanent residents, including:

Express Entry System: Temporary foreign workers may be eligible to apply for permanent residency through the Express Entry system, which manages applications for three economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class.

Provincial Nominee Programs (PNPs): Many provinces have PNPs that allow them to nominate foreign workers for permanent residency based on their specific labor market needs.

Canadian Experience Class (CEC): Foreign workers with at least one year of skilled work experience in Canada may qualify for permanent residency through the CEC stream. Employers can support their workers’ applications by providing necessary documentation and references related to their employment in Canada.