What is Canada’s Temporary Foreign Worker Program (TFWP)?

The Canadian Temporary Foreign Worker Program (TFWP) is a Canadian work visa provided by the Canadian Government that provides an opportunity for foreign workers who want to gain short-term work experience in Canada, while also allowing Canadian employers to hire foreign workers temporarily to fill Canada’s workforce shortages.

The Canada Temporary Foreign Worker Program (Canada TFWP) requires a work permit. The Canada Temporary Foreign Worker Program (TFWP) allows foreign workers working in Canada to work for only one employer while they are employed in Canada.

Questions and Comments About Canada’s Temporary Worker Program

• What are the Requirements to Participate in Canada’s Temporary Foreign Worker Program?
• When Does the Labour Market Impact Assessment (LMIA) Exemption Apply in Canada’s Temporary Foreign Worker Program?
• What are the differences between Canada’s Temporary Foreign Worker Program and Open Work Permit Program?
• How to Apply for Canada’s Temporary Foreign Worker Program?
• How Much Are the Application Fees for Canada’s Temporary Foreign Worker Program?
• How Long Is Canada’s Temporary Foreign Worker Program Valid?

What are the Requirements to Participate in Canada’s Temporary Foreign Worker Program?

When hiring workers to Canada under the Canada Temporary Foreign Worker Program (TFWP), the Government of Canada wants to protect the jobs of its citizens and permanent residents, and requires evidence that the foreign worker hired through the Canada Temporary Foreign Worker Program (TFWP) is absolutely essential to the Canadian company.

When hiring a foreign worker through Canada’s Temporary Foreign Worker Program (TFWP), the most important requirement for becoming a temporary worker in Canada is to have a job offer from an employer who has a Labour Market Impact Assessment (LMIA) so that the Canadian company can prove that it definitely needs foreign workers.

The requirements for participating in Canada’s Temporary Foreign Worker Program (TFWP) are listed below.

• Receiving a job offer from an employer who has a Canadian Labour Market Impact Assessment (Canada LMIA)
• Proof that the foreign worker working in Canada will return home after the expiration of his or her term of employment under the Canadian Temporary Foreign Worker Program (TFWP)
• A foreign worker who will work in Canada under the Canada Temporary Foreign Worker Program (TFWP) must prove that he or she has the financial means to support himself or herself and his or her family during his or her stay in Canada and to return to his or her home country.
• Foreign workers who will work in Canada under the Canada Temporary Foreign Worker Program (TFWP) must prove that they have a clean criminal record.
• A foreign worker who will work in Canada under the Canada Temporary Foreign Worker Program (TFWP) must prove that he or she does not pose a threat to Canada’s national security.
• Proof that foreign workers are healthy when they decide to work in Canada under the Canada Temporary Foreign Worker Program (TFWP)
• Proof that a foreign worker who will work in Canada under the Canada Temporary Foreign Worker Program (TFWP) will not provide services for a business that offers striptease, erotic dancing, erotic massage or escort services

In order to be accepted into the Canada Temporary Foreign Worker Program (TFWP), the worker who will apply for it must meet the requirements listed above.

When Does the Labour Market Impact Assessment (LMIA) Exemption Apply in Canada’s Temporary Foreign Worker Program?

A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer may be required to obtain from the Government of Canada when hiring a foreign worker. A Labour Market Impact Assessment (LMIA) is a document that shows that the employer has attempted to recruit a Canadian citizen or permanent resident but has not been able to find a suitable, willing and qualified employee to hire, and as a result, the employer needs a foreign worker.

In order for an employer to obtain a Labour Market Impact Assessment (LMIA), the following conditions must be met.

1. The Canadian business owner must have a controlling interest. The Canadian employer must be the highest-ranking person in the business and have the largest shareholding.
2. The Canadian business owner must have an active role in the management of the business. The Canadian employer must have strong business experience in managing the business.
3. The Canadian business owner must have a policy that seeks to employ Canadian citizens or permanent residents.

An employer must follow the steps below to obtain a Labour Market Impact Assessment (LMIA).

1. The Labour Market Impact Assessment (LMIA) application form must be completed.
2. The Canadian job offer must be signed by the employer and the foreign worker.
3. It must be demonstrated why the Canadian company needs foreign workers.
4. Proof that the employer advertised must be provided to show where, when and for how long the position was advertised.
5. All documents listed above must be collected and sent to the Service Canada Centre.
6. A Labour Market Impact Assessment (LMIA) application fee ($1000) must be paid.

The work permit streams that are exempt from the Labour Market Impact Assessment (LMIA) in the Canada Temporary Foreign Worker Program are covered by the International Mobility Program. The situations that are exempt from the Labour Market Impact Assessment (LMIA) in the Canada Temporary Foreign Worker Program are listed below.

• Exemptions from the Labour Market Impact Assessment (LMIA) may be available if the situation provides economic, cultural or other competitive advantages to Canada and is acceptable to Canadian citizens and permanent residents.
• Workers from other countries can be transferred to Canada through national agreements. Free Trade Agreements are examples of national agreements that provide exemptions from Labour Market Impact Assessments (LMIAs).
• Canadian interest waivers are exempt from Labour Market Impact Assessments (LMIAs) in situations where they could provide significant benefits to the Canadian people and improve employment relations for Canada with foreign countries.
• An individual who will come to Canada as a foreign worker exempt from the Labour Market Impact Assessment (LMIA) must be determined by immigration officers to be competent enough to make a significant contribution to Canada.
• A Canadian company may be exempt from the Labour Market Impact Assessment (LMIA) if it hires foreign workers to improve the quality of its business for the benefit of Canadians.
• In addition to the exemptions from the Labour Market Impact Assessment (LMIA) in the Canada Temporary Foreign Worker Program, there may also be exemptions from the Labour Market Impact Assessment (LMIA) for humanitarian and compassionate reasons.

In addition to the exemptions from the Labour Market Impact Assessment (LMIA) listed above, Canadian open work permits allow foreign workers to work in any position and for any employer, so workers with open work permits do not require a Labour Market Impact Assessment (LMIA).

What are the differences between Canada’s Temporary Foreign Worker Program and Open Work Permit Program?

The differences between the Canadian temporary foreign worker program and the Canadian open work permit are examined in the table below.

CANADA TEMPORARY FOREIGN WORKER PROGRAM	CANADA OPEN WORK PERMIT PROGRAM
LMIA is required.	LMIA is not required.
Work permits are closed. (They are specific to a particular employer.)	Work permits can be open or closed. (They are not specific to a particular employer.)
It is based on the labor market. (It is shaped according to the needs of the market.)	To advance Canada’s broader economic and cultural interests.
It is shaped according to specific workforce needs on a professional and regional basis.	It is based on international bilateral agreements (e.g. the International Electrotechnical Commission (IEC), the North American Free Trade Agreement (NAFTA), and the Comprehensive Economic and Trade Agreement (CETA))
Application flow is provided according to the salary of the position offered.	Application flow is not provided according to the offered fee. Application flow is provided according to the professional skill levels.
Requires that Canadian workers be offered before a workplace can hire foreign workers.	It does not require that Canadian workers be offered before a workplace hires foreign workers.
Employers hiring for higher-paying positions must generally provide a transition plan.	Employers are not required to provide a transition plan.
Employer must pay a fee for LMIA application ($1,000)	The employer must only pay a compliance fee ($230) unless the employee applying for the job has an open work permit. The employer is not required to pay any fees other than the compliance fee to an employee holding a work permit unless the employee has one.
The two-week processing time standard only applies to certain professions and the top 10% of wage earners, for others the process can take months.	Most Canada Open Work Permit Program streams have a standard two-week work permit processing time.
It is overseen by Employment and Social Development Canada (ESDC).	It is overseen by Immigration, Refugees and Citizenship Canada (IRCC).

When looking at the table of differences between the Canadian Temporary Foreign Worker Program and the Open Work Permit Program , it is seen that the Canadian Open Work Permit Program is more advantageous than the Canadian Temporary Foreign Worker Program.

How to Apply for Canada’s Temporary Foreign Worker Program?

To apply for Canada’s Temporary Foreign Worker Program (TFWP), follow these steps:

1. Getting a job offer from a Canadian company
   As with all Canadian work visas, the Canadian Temporary Foreign Worker Program requires a job offer from a Canadian company. When looking for a job in Canada, you can search for jobs online or in person in Canada by obtaining a Canadian visitor visa. Once a job is found with a Canadian company, a job offer letter from the employer must be requested.
2. Obtaining a Labour Market Impact Assessment (LMIA)
   Canadian employers must apply to Employment and Social Development Canada (ESDC) to assess the impact of hiring foreign workers on the Canadian labour market. If the employer’s application for a Labour Market Impact Assessment (LMIA) is approved, the employer must proceed to the next steps; if it is rejected, the employer must reapply or the foreign worker must look for another job.)
3. Applying for a Canadian work visa and Canadian work permit requires applying for a Canadian work visa and Canadian work permit through the Canadian Consulate website or in person at the Consulate office in the foreign worker’s home country.
   The documents listed below are required for the Canadian work visa and Canadian work permit application.
   • Application for a Work Permit Outside Canada
   • Temporary Resident Visa Application
   • Family Information Form
   • Statutory Declaration of Common Law Union (if any)
   • Use of Representative Form (if applicable)
   • Authorization to Provide Personal Information to a Designated Person (if applicable)
   To apply for the Canada Temporary Foreign Worker Program (TFWP), supporting documents must include the following.
   • Passport valid for at least 6 months beyond the intended date of entry to Canada
   • Photocopy of passport and all its pages
   • Two photos that meet photo requirements
   • A valid Canadian job offer letter from a Canadian employer
   • Proof of current immigration status (if applicable)
   • Criminal record documents
   • Resume or CV
   • Educational diplomas and certificates
   • Copy of marriage certificate (if applicable)
   • Copy of children’s birth certificates (if applicable)
   • If working in Quebec, a Certificate d’acceptation du Quebec (CAQ)
   • Other documents requested by the Canadian Consulate
4. Obtaining a medical examination report
   A medical examination report must be obtained from the applicant for the Temporary Foreign Worker Program (TFWP) Canada, showing that the worker has no health problems.
5. Attending a visa interview
   Canadian Consulate officials may want to conduct an interview to ensure that the foreign worker will return to their country after the period of employment under the Canada Temporary Foreign Worker Program (TFWP) is over. The foreign worker must attend the Canada Temporary Foreign Worker Program (TFWP) application interview on time and provide biometric information if requested.
6. Waiting to be processed
   Once all required documents for the Canada Temporary Foreign Worker Program (TFWP) application have been submitted, it can take between 3 and 27 weeks for the Consulate to process your Canada Temporary Foreign Worker Program (TFWP) application. If your Canada Temporary Foreign Worker Program (TFWP) application is accepted, the Consulate will send additional instructions; if rejected, the Consulate will send the reason for the Canada Temporary Foreign Worker Program (TFWP) application rejection.

How Much Are the Application Fees for Canada’s Temporary Foreign Worker Program?

Canada Temporary Foreign Worker Program (TFWP) application fees are listed below.

• The initial application fee for the Canada Temporary Foreign Worker Program (TFWP) is 155 CAD (Canadian dollars).
• If biometric information is requested for the Canada Temporary Foreign Worker Program (TFWP), the fee is set at 85 CAD (Canadian dollars).

The total financial funds required for a foreign worker applying for the Canada Temporary Foreign Worker Program (TFWP) is 240 CAD (Canadian dollars).

• If you are applying for a Labour Market Impact Assessment (LMIA) under the Canada Temporary Foreign Worker Program (TFWP), the fee is CAD 1,000 (Canadian dollars). (The Labour Market Impact Assessment (LMIA) application fee does not apply to employer families who hire caregivers for elderly or disabled people, and employer families whose annual gross income is under CAD 150,000 (Canadian dollars).)

The total financial funding required for the cost of hiring a foreign worker under the Canadian Temporary Foreign Worker Program (TFWP) for a Canadian employer is CAD$1,000. Applicable to all Canadian Temporary Work Permit visas.

How Long Is Canada’s Temporary Foreign Worker Program Valid?

The maximum period of time foreign workers are allowed to work in Canada under the Canada Temporary Foreign Worker Program (TFWP) is 1 year. Foreign workers working in Canada under the Canada Temporary Foreign Worker Program (TFWP) are only allowed to work with one employer and the length of stay in Canada is dependent on the employer.

The Government of Canada has granted foreign workers working under the Canada Temporary Foreign Worker Program (TFWP) the right to apply for an extension. The extension period is up to the Government of Canada, and the foreign worker’s stay in Canada can be up to a maximum of 4 years.