Temporary Foreign Worker Program (TFWP) in LMIA
What is Temporary Foreign Worker Program (TFWP) in LMIA ?
Temporary foreign workers form a key stream of immigration to Canada and is a program that permits employers bring in the foreign workers to come to Canada for a temporary contract without going through individual sponsorship. LMIA is the responsible program for checking whether the employer has tried to hire Canadian citizens or permanent residents before hiring foreign staff. TFWP is strategy through which Canada seeks to meet its human resource needs in line with protecting opportunities for the local talent. They mainly refer to situations that involve providing low wage employees, during the specific seasons when it is difficult to source capable employees within the region.
All about the Temporary Foreign Worker Program (TFWP).
One major requirement of LMIA
In order to apply for a TFWP employers must first secure a positive LMIA from Employment and Social Development Canada (ESDC). This assessment makes certain that, the offer of the job to a foreign worker shall not occasion unfair competition to workers in the local market.
Temporary Employment
The TFWP is aimed to be used to fill temporary jobs on a short-term basis. These foreign employees will be hired under this program allowing them to work for a fixed term, which is dependent on the employer’s need and the position of the employee.
Job Market and Steps towards Recruitment
It is only possible if employers provide evidence of the attempt made to recruit Canadians for the occupation before applying for an LMIA. This cover such areas as advertising the job in Canadian local job sites, and interviewing Canadian personnel, to show that the employer searched for a Canadian citizen to fill the job.
On Wages and Employment Requirements Compliance
They shall provide reasonable wages and remuneration for work that are reasonable for the locality when they offer similar jobs. This also helps avoid exploitation of for instance foreign workers while at the same time protecting Canadian workers from below cost wage rate competition.
Work Permit Issuance
If the employer obtains a positive LMIA, the reality is that the foreign worker may apply for a work permit in order to legally work in canada. The work permit also follows the employer/work, job and area of work for which the contract is made for.
Cap on Low-Wage Workers
Canada is also restricted by the Cap on Low-Wage Workers to the TFWP. The hirers in low wage sectors are restricted by the number of foreign workers they can take in. This will make sure that first and foremost Canadian workers get priority over temporary foreign workers to work within these sectors.
General exemption for particular sectors and positions
There are exceptions probably for some industries or more probably for some types of jobs. For instance, there may be situations for the higher-paid jobs, jobs in remote places or the strategic niche where there is a serious lack of Canadians.
Employer Sgt and Supervision
There are legal requirements that every employers that uses the TFWP have to meet strict compliance and can be watched closely by the Canadian government. This features specifying that the foreign worker should be in a condition to be hired under the details given by the LMIA and work permit. Penalties include fines, prohibition of engaging foreign employees or withdrawal of previously granted LMIAs.
Workforce Transition Plans
Some employers, particularly in low wages industries, would be required to submit an transition plan through which they will be expected to increase the hiring of Canadians workers in the future thus the gradual phase out of the use foreign workers. This is consistent with its long-term employment initiative for Canadians and decrease temporary foreign workers’ reliance in the country.
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How the Temporary Foreign Worker Program (TFWP) in LMIA Process Works
Step 1
Job Offer and Position Classification
Step 2
Recruitment Efforts
Step 3
Submit LMIA Application
Step 4
ESDC Review
Step 5
Receive Positive LMIA (if approved)
Step 6
Foreign Worker Applies for Work Permit
Step 7
Work Permit Issuance
Step 8
Employer Compliance
Step 9
Monitoring and Enforcement
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Eligibility Criteria for the Temporary Foreign Worker Program (TFWP) in LMIA
Employer Requirements
Registered Business
The client has to be an employer who is an operating legal entity that has registered a business in Canada.
Compliance with Employment Standards
Employer shall ensure that all standard and rules as required under Canadian labor laws are met including the offer wages, working conditions and the terms within the offer.
No History of Non-Compliance
The employer should not be a repeat offender of any labour laws or Canadian immigration laws including past violations of work permit or LMIAs.
Job Offer Requirements
Full-Time, Non-Seasonal Role
The job advertised to the foreign worker must be a full time employment, and if temporary the duration of the tempory employment must conform to the LMIA requirements.
Position Meets Wage Standards
It must be a job that pays at least the wage that agrees with the national or provincial rates for the job classification in that country province.
Recruitment Efforts
Employers need to prove that they have tried to look for Canadian citizens or permanent residents to fill a certain position before they can look for foreigners.Advertisement of the job for the Canadian populace is a requirement in the hiring process as the employer gears towards employing a foreign worker. This involves advertising the job locally for at least a four week period and the interviewing of Canadians only.
Proof of Recruitment
The employers are required to produce all the recruitment activities including advertisements, interview conducted and any effort made in the recruitment process to avoid hiring the expatriates.
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