Work in Canada

1. Temporary Foreign Worker Program

Through the Temporary Foreign Worker Programme (TFWP), Canadian businesses can hire temporary foreign workers to make up for a lack of workers in Canada. Another thing it does is make sure that these foreign workers have the rights and safety measures they need to work legally in Canada. Under the TFWP, foreign workers must have a valid job offer and a work pass before they can come to Canada.

TFWP is made up of four streams: high-skilled workers, low-skilled workers, the Seasonal Agricultural Worker Program, and the Live-In Caregiver Program.

One key characteristic of the TFWP is the requirement for a Labour Market Impact Assessment (LMIA). Employers who want to hire a foreigner through the TFWP must first get an LMIA that shows they couldn’t find a Canadian citizen or permanent resident to fill the job. A company can’t officially hire a foreigner until they have an LMIA. The foreigner can then apply for a Canadian work pass or permanent residence.The TFWP gives work permits to people whose companies get a good Labour Market Impact Assessment (LMIA).

What Exactly is an LMIA?

An LMIA stands for “Labour Market Impact Assessment.” It’s a report from Employment and Social Development Canada (ESDC), which was previously called Service Canada, that looks at how hiring a foreign worker might affect the Canadian job market.

Employers in Canada typically need to obtain an LMIA before they can hire a foreign worker through the Temporary Foreign Worker Program (TFWP). The purpose of the LMIA is to ensure that hiring a foreign worker will not negatively affect job opportunities, wages, or working conditions for Canadian citizens or permanent residents.

To obtain an LMIA, an employer must demonstrate that they have made efforts to recruit Canadians for the job and that no qualified Canadians are available to fill the position. They must also provide information about the job, such as the wages and working conditions, and pay a processing fee.

Once an LMIA is approved, the employer can provide a copy of the LMIA to the foreign worker, who can then use it to apply for a work permit to come to Canada. However, there are some exemptions to the LMIA requirement under certain programs like the International Mobility Program (IMP), which facilitates the entry of foreign workers for certain types of jobs without the need for an LMIA.

A company can apply for an LMIA up to six months before the job is supposed to start. The steps for applying for LMIA depend on how much the person being hired makes. 

What do you need for an LMIA application?

The first step in the LMIA process is for the company to apply to ESDC. In this application, the employer has to give full details about the job offer, such as the tasks, pay, and working circumstances.

• Job Offer

One of the most important parts of applying for an LMIA is having a thorough job offer that includes things like the tasks, pay, and working conditions. The job offer has to be for a role that you can’t fill with a Canadian citizen or permanent resident.

• Recruitment Efforts

The company must also show proof that they have tried to hire Canadian citizens and/or permanent residents for the job. Proof of job posts on different Canadian websites and contact with local job hiring agencies may be part of this. It’s required for some streams that the ad be posted on a website for neglected groups or a specialized website. There are very special ads that need to be run.

• Wages Rate

The pay that is offered to the foreign worker must be the same as the going rate for that job in the area where the job is located. And even if the area is the same, the income rate that is needed in one region may be different from that in another region. Unless you live in Quebec, you can get this information from the Government of Canada’s Job Bank page. For businesses in Quebec, the wage is spelt out in a guidebook that the government puts out every year and updates.

• Processing Fee 

When employers send in their LMIA paperwork, they have to pay a filing fee. The amount of the fee may change based on the type of entry and the number of jobs being sought.

• Supporting Documents

Employers need to submit various supporting documents along with the LMIA application form. This may include:

1. Business documents, such as incorporation certificates or business licenses.
2. Job descriptions outlining the duties and responsibilities of the position.
3. Proof of recruitment efforts, such as copies of job postings and advertisements.
4. Evidence of the employer’s efforts to hire Canadians, such as resumes of Canadian applicants and records of interviews.

Once the LMIA application is submitted, ESDC will review the application and supporting documentation to assess whether hiring a foreign worker for the position would have a positive or neutral impact on the Canadian labor market. If the LMIA is approved, the employer can provide a copy to the foreign worker, who can then use it to apply for a work permit to come to Canada.

However, these are some other common scenarios under which one can work in Canada:

• LMIA Required: As part of the process for getting these work permits, the company has to get a Labour Market Impact Assessment.
• LMIA Exempt: In some situations, people can work in Canada without first getting a Labour Market Impact Assessment.
• CUSMA: These are given out under the Canada-United States-Mexico Agreement (formerly NAFTA), which lets people work without an LMIA.
• Intra-Company Transfer: With these passes, a company can bring some workers from its offices outside of Canada to work in Canada without having to get an LMIA.
• Business Visitors: Business travelers can often work in Canada without a work permit as long as they follow certain rules and don’t join the Canadian job market.
• Post-Graduation Work Permit: People from other countries who are studying in Canada can work for up to three years after they graduate from a specific school.