Immigration Services & Consulting

 

Temporary Foreign Worker Program


Significant Changes to the program effective immediately! IRCC is removing the "four-in, four-out" rule. Previously, TFWs became ineligible to work in Canada for four years after complete four years of work in Canada. IRCC is also planning to introduce permanent resident pathways for TWPs and introduce changes for Employers.Contact us for details.


The TFWP lets employers hire temporary workers to fill temporary labour and skill shortages. You will need a document from Employment and Social Development Canada (ESDC)/Service Canada stating that you can hire the temporary worker. This is known as a Labour Market Impact Assessment (LMIA). An LMIA verifies that there is a need for a temporary worker and that no Canadians are available to do the job. If you hire a temporary worker through the TFWP, you will need to apply for an LMIA and pay the related fee. (There are situations where a LMIA is not required. Please contact us for details.)


​Once a positive LMIA has been issued, you should provide a copy of the confirmation letter to each temporary worker and advise each of them to apply for a work permit.


As an employer of a temporary worker, you must:

  • arrange for workers’ compensation benefits and medical coverage for the temporary worker when they arrive in Canada, as required by your province or territory;
  • make sure that the temporary worker has the necessary work permit (the Social Insurance Number [SIN] that a temporary worker is given is not proof that they have a valid work permit);
  • comply with the conditions and time limits outlined in the temporary worker’s work permit; you are legally responsible for ensuring that these conditions are met, so make sure you are familiar with them;
  • remain actively engaged in the business that submitted the offer of employment for as long as the temporary worker is employed;
  • comply with all federal, provincial and territorial employment laws, including laws about recruiting workers;
  • provide the temporary worker with a job in the same occupation that was listed in the offer of employment;
  • provide the temporary worker with wages and working conditions that meet or are better than those listed in the offer of employment;
  • make reasonable efforts to provide a workplace that is free of physical, sexual, psychological and financial abuse;
  • keep any documentation related to the hiring and employment of the temporary worker for a period of six years after the work permit is issued; and
  • attend any inspection and provide all requested documentation or information.

This is only an overview. Please contact us to review your situation, requirements, timelines and more information regarding this program.


** COVID19  - Canada has made some exceptions to certain temporary foreign worker programs due to COVID19. If you have experience in essential roles such as food processing, fish processing, construction, cleaning, and nurses aide, please contact us immediately.

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