TEMPORARY FOREIGN WORKER PROGRAM (TFWP)
The Temporary Foreign Worker Program (TFWP) allows Canadian employers to temporarily hire foreign nationals to address labour shortages in Canada. Jointly operated by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), the TFWP helps employers find the foreign talent they need while ensuring these workers receive the rights and protections they deserve.
Employers can hire temporary foreign workers through the following TFWP streams:
- High-Wage Workers
- Low-Wage Workers
- Global Talent Stream
- Foreign Agricultural Workers
- In-Home Caregivers
- Foreign Academics
A key feature of the TFWP is the requirement for a Labour Market Impact Assessment (LMIA). Employers must obtain an LMIA to demonstrate that they were unable to find a Canadian citizen or permanent resident to fill the position. Once an LMIA is obtained, the employer can officially hire a foreign national, who can then apply for a Canadian work permit or permanent residence.
Additionally, there are options within the International Mobility Program that allow employers to hire temporary workers without needing an LMIA. This program processes LMIA-exempt work permit applications, offering more flexibility for employers and foreign workers.
Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that evaluates the impact of hiring a foreign worker on the Canadian labour market. LMIA that is positive LMIA signifies that there are no Canadian citizens or permanent residents available to fill the position, allowing the employer to hire a foreign national. Conversely, LMIA that is negative indicates that the position should be filled by a Canadian citizen or permanent resident. Learn more about the requirements and application procedures for a LMIA.
International Mobility Program
The International Mobility Program (IMP) allows Canadian employers to hire temporary foreign workers without needing a LMIA. While an LMIA is typically required, there are specific conditions where LMIA exemptions apply. These exemptions are based on:
- Broader economic, cultural, or other competitive advantages for Canada
- Reciprocal benefits for Canadians and permanent residents
To hire a foreign worker through the IMP, Canadian employers must follow these three steps:
- Confirm that the position or worker qualifies for exemption from needing a LMIA
- Pay the employer compliance fee of $230 CAD
- Submit the official job offer through the IMP’s Employer Portal
Once these steps are completed, the foreign national can apply for their work permit. Additionally, LMIA workers may qualify for expedited work permit processing through the Global Skills Strategy if their position is classified under NOC Skill Level A or 0 and they are applying from outside of Canada.
HIGH-WAGE WORKER
If an employer wants to hire a temporary foreign worker who will be paid at or above the median hourly wage for their province or territory, they must apply through the TFWP stream for high-wage workers. The first step is obtaining a LMIA, proving that no Canadian citizen or permanent resident is available to fill the position.
Once a positive LMIA is issued for a high-wage skilled position, the employer must inform the foreign worker of the LMIA results and notify them to apply for a work permit to work in Canada before the LMIA expires. The foreign worker, with a positive LMIA and a signed employment contract, can then apply for authorization to work in Canada, either through a work permit application or a permanent residency application, depending on their eligibility.
LOW-WAGE WORKER
If an employer wants to hire a temporary foreign worker who will be paid less than the median hourly wage for their province or territory, they must apply through the TFWP stream for low-wage workers. The first step is obtaining LMIA, which shows that no Canadian citizen or permanent resident is available to fill the position.
Employers should be aware that LMIA for low-wage workers come with specific requirements to ensure the rights and safety of these workers. Once a positive LMIA is issued for a low-wage position, the employer must inform the foreign worker of the LMIA results and notify them to apply for a work permit to work in Canada before the LMIA expires.
With a positive LMIA and a signed employment contract, the low-wage worker can apply for authorization to work in Canada, either through a work permit application or a permanent residency application, depending on their eligibility.
Global Talent Stream
The Global Talent Stream (GTS) is a pilot program launched in June 2017 through a collaboration between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). The GTS helps select Canadian employers hire highly-skilled global talent, enhancing their ability to compete internationally. Employers who are successfully referred to the program can expedite the hiring process for foreign nationals through the Global Skills Strategy.
Foreign Agricultural Workers
Employers looking to hire temporary foreign workers for agricultural production can utilize one of the TFWP agricultural streams. Canada offers two specific streams for hiring temporary foreign workers in agriculture. To qualify for either stream, employers must meet the following general requirements:
- Production must be in specific commodity sectors listed on Canada’s national commodity list.
- The activity must be related to on-farm primary agriculture under one of these National Occupation Classification (NOC) Codes: 80020, 80021, 21112, 82031, 84120, 85103, and 85101.
If these criteria are met, employers may be eligible to hire temporary foreign workers through either the regular Agricultural Stream or Seasonal Agricultural Worker Program (SAWP).
Seasonal Agricultural Worker Program (SAWP)
The Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers for seasonal positions in agricultural production, typically lasting up to 8 months. All positions must adhere to the general requirements for hiring foreign agricultural workers. Additionally, foreign workers must be citizens of Mexico or one of the Caribbean countries participating in the bilateral agreement that facilitates the SAWP.
Employers eligible for the SAWP can apply for a LMIA specific to SAWP requirements. They must also meet obligations such as arranging transportation to and from the workers' country of residence, providing housing during the work period, and ensuring adequate workplace health and safety conditions. Participating countries in the SAWP include Mexico, Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago.
In-Home Caregivers
Important Updates: Canada announces new pilot programs to support caregivers, with plans to formalize the programs.
In 2019, the Canadian government announced the upcoming launch of two new immigration pilot programs for caregivers: the Home Child Care Provider pilot and the Home Support Worker pilot. These programs are set to replace the existing caregiver programs, namely the Caring for Children pilot and the Caring for People with High Medical Needs pilot. Specific details such as the exact launch date, eligibility criteria, and application procedures have not yet been disclosed.
Under the In-Home Caregivers stream of the Temporary Foreign Worker Program (TFWP), families seeking to hire foreign nationals to provide care in a private residence to seniors, children, or individuals with medical needs may apply. To qualify, the positions must meet certain criteria:
- Caregivers for children: Providing care to children under the age of 18, meeting the requirements of National Occupation Classification (NOC) Code 44100.
- Caregivers for persons with high medical needs: Providing care to seniors or individuals with disabilities, meeting the requirements of NOC Codes 31301, 32101, or 44101.
Families must follow the same application procedures as employers hiring through the high-wage and low-wage streams of TFWP. Additionally, families hiring in-home caregivers must provide evidence that they have a dependent family member in need of care and the financial means to cover the caregiver's wages.
Families hiring caregivers for seniors and individuals with disabilities are exempt from the $1000 CAD LMIA application fee. Families hiring caregivers for children will be exempt from the LMIA fee if their gross annual income is less than $150,000 CAD.
Foreign Academics
The recruitment of foreign academics by post-secondary institutions in Canada enhances the quality of education and strengthens global competitiveness in academic research. To support this, IRCC and ESDC have established streamlined procedures for hiring foreign academics. In many instances, foreign nationals LMIA, a work permit, or both.
Academics who do not qualify for exemptions must adhere to standard procedures for hiring through the Temporary Foreign Worker Program (TFWP), ensuring compliance with all relevant regulations.
GLOBAL SKILLS STRATEGY
The Global Skills Strategy aims to streamline the issuance of work permits for individuals in specific positions. Eligible foreign nationals can have their work permits processed in just two weeks under this initiative, provided they are applying from outside Canada. To qualify for expedited processing, applicants must meet one of the following conditions:
- They are LMIA-exempt workers coming to Canada for a position classified at NOC Skill Level 0 or A.
- • They require an LMIA and possess a positive LMIA issued through the Global Talent Stream of the Temporary Foreign Worker Program (TFWP).
Foreign nationals meeting these criteria can apply for accelerated processing of their work permits via an online application on the IRCC web portal. Additionally, accompanying spouses, common-law partners, and dependent children can also apply for visitor visas, study permits, and work permits, which will be processed at an expedited rate.
Temporary Foreign Worker in Quebec
Quebec maintains significant autonomy in its immigration policies, resulting in distinct regulations for hiring foreign workers:
Language of Submission
Applications for LMIA in Quebec must be submitted in French, except for those related to in-home caregiver positions. Employers facing difficulties with this requirement can contact ESDC for assistance in minimizing the difficulties of language barrier.
Application to MIDI
All applications for a LMIA in Quebec require approval from both federal authorities through Service Canada for ESDC processing, and provincial authorities through the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI).
LMIA exempt
MIDI offers exemptions for certain foreign workers from obtaining an LMIA. To qualify, the worker must possess a valid work permit, a skilled worker Certificate of Selection in Quebec (CSQ), reside in Quebec, and have applied for permanent residency under the Quebec Skilled Worker class.
Facilitated LMIA
Quebec employers can apply for LMIA under a facilitated process, exempt from proving efforts to recruit Canadian citizens or permanent residents for certain positions.
Advertising and Recruitment Requirement Exemptions
A pilot project launched in collaboration with Quebec grants exemptions for advertising and recruitment requirements for specific NOC codes from December 6, 2021, to December 31, 2024.
| 65100 | Cashiers |
| 65102 | Store shelf stockers, clerks and order fillers |
| 65201 | Food counter attendants, kitchen helpers and related support occupations |
| 65310 | Light duty cleaners |
| 65311 | Specialized cleaners |
| 65312 | Janitors, caretakers and heavy-duty cleaners |
| 85121 | Landscaping and grounds maintenance labourers |
| 85120 | Logging and forestry labourers |
| 95101 | Labourers in metal fabrication |
| 95103 | Labourers in wood, pulp and paper processing |
| 95104 | Labourers in rubber and plastic products manufacturing |
| 95106 | Labourers in food, beverage and associated products processing |
| 95107 | Labourers in fish and seafood processing |
