HIRE A TEMPORARY FOREIGN WORKER IN CANADA

The Temporary Foreign Worker Program (TFWP) enables Canadian employers to address labor shortages by hiring foreign workers on a temporary basis. This program is jointly administered by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). A key requirement of the TFWP is the Labour Market Impact Assessment (LMIA). Before hiring a foreign worker, employers must obtain an LMIA to demonstrate that no Canadian citizen or permanent resident is available for the position. Foreign workers can only be hired and apply for a work permit or permanent residency in Canada once the LMIA is approved.

• What is a Labour Market Impact Assessment (LMIA)?
• In which sectors can employers hire temporary foreign workers under the TFWP?
• High-Wage Workers
• Low-Wage Workers
• Global Talent Stream
• Temporary Foreign Workers in Quebec
• What is the Simplified LMIA Process in Quebec?
• Who Applies for an LMIA?
• When to Submit an LMIA Application?
• Why Is It Important to Determine the Wage Level?
• What are the requirements for applying for an LMIA?
• What are the requirements for Low-Wage Positions?
• Are there exemptions to the LMIA requirement for hiring foreign workers?
• Why Choose Our Canadian Immigration Lawyer Services for Your Work Permit or LMIA Application?
• FAQ

A Labour Market Impact Assessment (LMIA), issued by Employment and Social Development Canada (ESDC), evaluates the effect of hiring a foreign worker on the Canadian labor market. A positive LMIA indicates that no Canadian citizen or permanent resident is available for the position, thus allowing the employer to hire a foreign worker. Conversely, a negative LMIA suggests that the position should be filled by a Canadian citizen or permanent resident.

High-Wage Workers

To hire a temporary foreign worker who earns at least the median hourly wage of their province or territory, an employer must apply under the TFWP for high-wage workers and obtain a LMIA confirming the unavailability of Canadian citizens or permanent residents for the position. Upon receiving a positive LMIA, the employer notifies the foreign worker, who can then apply for a work permit in Canada before the LMIA expires.

Low-Wage Workers

To hire a temporary foreign worker paid below the median hourly wage of their province or territory, employers must apply under the TFWP for low-wage workers. This process begins with obtaining an LMIA that confirms no Canadian citizens or permanent residents are available for the role. Employers must adhere to specific requirements to ensure the rights and safety of non-resident workers. After securing a positive LMIA, the employer must inform the foreign worker, who should then apply for a work permit before the LMIA expires.

Global Talent Stream

The Global Talent Stream (GTS) is a Canadian program designed to help businesses hire highly skilled foreign workers when local talent is unavailable. This program allows employers to quickly recruit specialized global talent, enhancing Canada’s economic competitiveness on a global scale.

For all Quebec immigration programs, applications must be approved by both provincial and federal authorities. Therefore, LMIA applications must be submitted to Service Canada for federal processing by ESDC, and to the Ministry of Immigration, Francisation, and Integration (MIFI) for provincial processing.

All LMIA applications must be completed in French, except for those related to in-home caregivers.

MIFI has established an LMIA exemption policy for certain foreign workers under specific conditions:

• Holding a valid work permit
• Possessing a Quebec Selection Certificate (CSQ)
• Residing in Quebec
• Applying for permanent residency under the Quebec Skilled Worker category

Foreign nationals cannot apply for an LMIA; it is the responsibility of Canadian employers to submit the application and pay the processing fees. All categories under Canada’s Temporary Foreign Worker Program (TFWP) require employers to obtain an LMIA before hiring a foreign worker.

Employers may submit an LMIA application up to six months before the anticipated start date of the position.

The LMIA application procedures vary based on the wage level of the position. Employers should compare their job’s hourly wage with the median wage in their province or territory to determine if the position is classified as high-wage or low-wage. Low-wage positions have additional criteria. There are also specialized LMIA categories for certain employment areas, such as:

• Hiring home caregivers
• Hiring agricultural workers
• Hiring foreign researchers
• Hiring within the province of Quebec

Yes, in certain situations, employers may be exempt from needing an LMIA to hire a foreign worker, particularly under the International Mobility Program. For more information on LMIA exemptions and work permit requirements, please contact us.

Our Canadian immigration lawyer services offer crucial benefits for individuals applying for work permits and employers seeking LMIA under the Temporary Foreign Worker Program (TFWP). We provide expert advice on the best immigration pathways, comprehensive support throughout the application process, and personalized strategies tailored to your specific needs. Our team ensures efficient processing, adherence to legal requirements, and prompt resolution of any issues. By managing the complexities of immigration law, we allow you to focus on your primary activities with peace of mind. Contact us for professional and effective immigration support.

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