What is the Temporary Foreign Worker Program?
One common pathway to work in Canada is known as the Temporary Foreign Worker Program (“TFWP”) Under the program, Canada issues a work permit to a foreign national where the foreign national has received a genuine job offer from a Canadian employer and certain other specified criteria are met. These criteria include the following requirements:
The proposed employer has actively engaged in a business and the job offer is consistent with the needs of the employer.
The foreign national is capable and qualified to perform the job offered.
The foreign national has obtained a positive or neutral Labour Market Impact Assessment (“LMIA”) in respect of the job offer. For more information on an LMIA, refer to the question “What is an LMIA” below.
Certain employers who have failed to comply with Canadian immigration laws in the past are ineligible employers.
What is a Labour Market Impact Assessment (LMIA)?
A labour market impact assessment (“LMIA”) is an opinion issued by Employment and Social Development Canada (“ESDC”). An LMIA assesses a number of different factors, including whether the hiring of a foreign national will result in job creation or retention for Canadians, whether the hiring will yield benefits to Canada such as the development or transfer of skills and whether the hiring will likely fill a labour shortage. An application for an LMIA will normally require the employer to advertise the position and to demonstrate that there is no suitable Canadian citizen or permanent resident to fill the position. A positive or neutral LMIA indicates that there is no negative effect of a hiring on the Canadian labour market and is required for work permit applications under the Temporary Foreign Worker Program (“TFWP”)