Canada is welcoming of foreign nationals to fill important employment positions, left vacant due to labour shortages. Foreign nationals have over 100 ways to gain legal temporary employment in Canada. The Temporary Foreign Worker Program administers some of these avenues; the International Mobility Program administers the rest.
The process begins with Canadian employers demonstrating a genuine labour shortage by completing a Labour Market Impact Assessment. The purpose of the Assessment is to ensure that Canadian citizens and permanent residents have the opportunity to apply for employment before recruiting foreign workers. However, the government’s objectives in inviting foreign workers to come to Canada goes beyond labour needs. By diversifying the workplace via welcoming foreign workers, Canada can strengthen its ties to other countries and cultures, thus fulfilling broader economic, social and cultural policy goals.
Canadian businesses can recruit skilled foreign workers by making a legitimate job offer and support their permanent resident visa applications, if applicable.
Labour Market Impact Assessment
Most employers need an LMIA before they can hire a temporary foreign worker. Before you start the hiring process, you must determine if you need an LMIA.
A Labour Market Impact Assessment (LMIA) must be completed to demonstrate that there will be a positive or neutral impact resulting from bringing in a foreign worker. There are specific rules guiding the job requirements, wages, advertising strategies, and how to apply for a LMIA. There are many avenues for recruiting foreign workers.
To see if you and the temporary foreign worker you want to hire are exempt from needing an LMIA or work permit, do one of the following:
- review the LMIA exemption codes and work permit exemptions
- contact the International Mobility Workers Unit if you’re hiring a temporary foreign worker who is both currently outside Canada and from a country whose nationals are visa-exempt
While the Temporary Foreign Worker Program (TFWP) lets you hire temporary foreign workers to fill labour and skill shortages after receiving an LMIA confirmation letter from ESDC, the International Mobility Program lets you hire temporary foreign workers without an LMIA. Check the LMIA exemption code that matches your respective job posting.
Temporary Foreign Worker and International Mobility Programs: What Is Work?
- Work is defined as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.
- Wages or commission includes salary or wages paid by an employer to an employee, remuneration or commission received for fulfilling a service contract, or any other situation where a foreign national receives payment for performing a service.
- An activity that directly competes with a Canadian citizen or permanent resident requires that at least one of these two questions be answered “yes” in order to qualify as work.
- Will the foreign national be performing an activity that a Canadian or permanent resident should really have an opportunity to do?
- Will they be engaging in a business activity that is competitive in the marketplace?
Can a Temporary Foreign Worker With a Work Permit Apply for Permanent Residence in Canada?
The short answer is yes for most work permit holders. Permanent residence can be applied for through one of the following programs. Eligibility is determined by job category and skills level.
- Canadian Experience Class: Last year, in 2021, Canada invited over 130,000 workers to settle in the country with permanent residency To qualify for permanent residence status through the Canadian Experience Class, foreign workers need to have at least one year of work experience in Canada.
- Federal Skilled Worker Program: When working for a Canadian employer under a temporary work permit, if the employer makes an offer for permanent employment, you may qualify for permanent residence through the Federal Skilled Worker Program.
- Federal Skilled Trade Program: A skilled worker who have at least 2 years eligible work experience in a skilled trade within 5 years and have a valid full0-time job offer or a certification in the skilled trade may apply for permanent residence through Federal Skilled Trade Program.
- Atlantic Immigration Program: A skilled foreign worker who has at least 1,560 hours qualifying work experience in Atlantic Canada in the last 5 years and the employer has been designated by the provincial government of the Atlantic province, may be qualified to apply for permanent residency under Atlantic Immigration Program.
- Provincial Nominee Program: Foreign workers may eligible to apply for permanent residence under the provincial nominee programof the province where the foreign worker reside and work. The employer nominates the foreign worker, although each province administers its own programs with its own rules.
Begin Your Temporary Foreign Worker Application Now With Trusted Immigration Counsel
If you are seeking work authorization as a foreign worker in Canada, you can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Completing the application process and gathering all of the supporting documentation can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can apply for temporary foreign worker status once we determine your eligibility.
Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility for temporary foreign worker status and to help you through the various steps needed to secure your work authorization, and later, perhaps, your permanent residence.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.
Call us now to book a time: 778-331-1164.