Introduction
Almost 200,000 enter Canada every year as temporary foreign workers. Unlike the Express Entry program which allows skilled workers to immigrate to Canada permanently, the Temporary Foreign Worker Program, abbreviated TFWP, is designed for business owners and employers in Canada to hire temporary workers to fill gaps in labor and skills when there are not any skilled Canadian workers available.
The Temporary Foreign Worker Program is designed to help employers fill gaps in their businesses with short-term workers, not permanent hires. Most of the temporary hires under this program have a four-year time limit before they are required to return to their home country and leave Canada. While this is the general expectation, many workers under the Temporary Foreign Worker Program are able to apply for permanent residency during their temporary contract.
Employer Advantages
Sometimes there are job openings that just don’t seem to get filled. The Temporary Foreign Worker Program allows employers to stretch their search radius to find qualified applicants outside of Canada. Through the TFWP, Canadian companies and business owners can hire foreign workers with the necessary qualifications either outside of Canada or, occasionally already working in Canada who is finishing another employment contract. There are also foreign nationals in Canada with open work permits, which allow that individual to work for any employer in Canada.
Temporary to Permanent Employment
The Temporary Foreign Worker Program is designed to allow employers to address a specific, short-term employment issue that they have been unable to solve through the Canadian job market. The workers brought into Canada, or invited to stay a bit longer in Canada, are not permanent residents nor are they official immigrants. However there are ways that these temporary skilled workers can transition to permanent residents if they meet specific criteria.
Additional programs in Canada provide opportunities to stay longer in Canada. The Canadian Experience Class is available for foreign nationals who have been working full-time in Canada as managers or in professional occupations as well as tradespeople.
The program has additional, specific criteria as well that must be met by the foreign national. Another program that might bridge the gap between temporary and permanent residence is the Provincial Nominee Program for permanent residence in Canada. Both of these programs are helpful for workers who can show that their skillset is in demand in the country and that they have already adapted to the Canadian culture and way of life.
How the TFWP Works
The Temporary Foreign Worker Program is shared by two departments: Human Resources and Skills Development and the Canadian Immigration Consultancy. In order to use the program, the employer must first seek an adequate candidate in the Canadian job market. Only if the employer is unable to find a Canadian or permanent resident for the job, can he or she apply for a labour market opinion, or LMO.
The LMO is a certificate that shows the job is genuine, that the employer has actively sought a suitable Canadian candidate and that the employer has satisfied commitments to temporary foreign workers in the past. There are some employment opportunities that do not require employers to obtain a LMO and approval. These are positions that suit the terms of an international trade agreement or an agreement between governments in Canada.
The CIC Temporary Foreign Worker Unit will help employers navigate any questions about the LMO and skilled worker process. The Temporary Foreign Worker Unit will also be aware of any programs currently at work in their province that may help to find the workers the company is looking for that suit a particular skill or experience level.
Once the employer has satisfied the requirements of the CIC and HRSDC in regards to a LMO, the worker hired for the Canadian position will need to apply to the Canadian Immigration Consultancy for a work permit. The employer will provide a copy of the labour market opinion with the worker’s application to the CIC. The CIC will process the application accordingly.
Once approved, it is the employer’s responsibility to arrange the new foreign employee’s Worker’s Compensation benefits and medical coverage as well as ensuring the worker has a Social Insurance Number. Most of all, the employer is responsible for verifying and maintaining the conditions and time limits on the work permit once approved.
