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The Temporary Foreign Worker (TFW) Program allows Canadian employers to hire foreign workers to fill labour shortages when no qualified Canadians or permanent residents are available. To hire through the TFW program, employers often need to obtain a Labour Market Impact Assessment (LMIA), and the worker must then apply for a work permit.
1. LMIA Application Process (Employer’s Responsibility)
Apply for an LMIA from Employment and Social Development Canada (ESDC).
Step 1: Determine LMIA Stream
→ High-Wage Stream: For positions with wages above the provincial or territorial median hourly wage.
→ Low-Wage Stream: For positions with wages below the median wage.
→ Seasonal Agricultural Worker Program (SAWP): For temporary agricultural workers.
→ Global Talent Stream: For highly skilled workers in specific tech occupations or those with unique expertise.
Step 2: Recruitment Efforts
Employers must demonstrate they made sufficient efforts to hire Canadians or permanent residents before seeking to hire a foreign worker. Recruitment typically includes advertising the position for a minimum of 4 weeks on various platforms, such as the Job Bank and other job boards.
Step 3: LMIA Application Submission
Employers submit the completed LMIA application to ESDC, including:
→ A detailed job description.
→ Proof of recruitment efforts.
→ Information on the wages, working conditions, and job location.
Step 4: Processing Time and Decision
The processing time for an LMIA application can vary depending on the stream:
→ Global Talent Stream: Approximately 10 business days.
→ Other streams: Between 8 to 16 weeks.
If the LMIA is approved, the employer receives a positive LMIA, allowing the foreign worker to apply for a work permit.
2. Work Permit Application Process (Worker’s Responsibility)
Once the employer receives a positive LMIA, the foreign worker can apply for a work permit. Here’s the process:
Step 1: Receive a Job Offer
The foreign worker must receive a job offer letter or contract from the Canadian employer, which includes the LMIA number and details about the job (salary, job title, and duration).
Step 2: Gather Required Documents
The foreign worker must provide the following documents for the work permit application:
→ Positive LMIA and job offer from the employer.
→ Valid Passport: Must be valid for the entire duration of the job.
→ Proof of Qualifications: Educational or professional qualifications relevant to the job.
→ Proof of Work Experience: References or employment records.
→ Medical Exam: In some cases, a medical exam is required, particularly if the job is in health care, agriculture, or with vulnerable populations.
Step 3: Submit the Work Permit Application
Foreign workers can apply for a work permit either:
→ Online: Through the IRCC portal.
→ At a Visa Application Centre (VAC): If applying from outside Canada.
If the worker is applying from inside Canada (e.g., if they are already in the country as a student or visitor), they may apply online.
Step 4: Biometrics and Interview (if required)
Depending on the applicant’s country of residence, they may be required to provide biometrics (fingerprints and photo) and/or attend an interview at a visa office.
Step 5: Processing Time and Decision
The processing time for a work permit varies by country, but it typically ranges from 8 to 16 weeks. The foreign worker will receive a Port of Entry (POE) Letter of Introduction if approved. The actual work permit will be issued at the Canadian port of entry.
3. LMIA and Work Permit Fees
For Employers:
💵 LMIA Application Fee: CAD 1,000 per position.
Certain streams, such as those for caregivers or agricultural workers, may be exempt from this fee.
💵 Compliance Fee: CAD 230 if hiring a temporary foreign worker through an LMIA-exempt stream (e.g., under the International Mobility Program).
For Workers:
💵 Work Permit Application Fee: CAD 155.
💵 Biometrics Fee: CAD 85 (if required).
💵 Medical Exam: Costs vary by country and provider.
💵 Visa Application Centre (VAC) Fees: Additional fees may apply if applying through a VAC.
4. Conditions of the TFW Program
❗Duration of Stay: The duration of the work permit is typically tied to the validity of the LMIA and the job offer. It can range from a few months to a couple of years.
❗Work Location and Employer: The work permit is usually employer-specific, meaning the worker is only allowed to work for the employer listed on the permit, in the specific role and location.
❗Extensions: If both the worker and employer want to extend the employment, the employer must apply for a new LMIA (if required), and the worker must apply for a work permit extension before the original one expires.
5. Post-Work Permit Options
After gaining Canadian work experience, foreign workers may be eligible to apply for permanent residency through programs like:
Canadian Experience Class (CEC) under Express Entry.
Provincial Nominee Programs (PNP).
Rural and Northern Immigration Pilot (RNIP) or Atlantic Immigration Program (AIP).
The TFW LMIA work permit process ensures that employers can fill key positions while giving foreign workers an opportunity to gain valuable experience in Canada.