TEMPORARY FOREIGN WORKER PROGRAM

ROKSANA AGADZHANOVA NICK YANG SARVNAZ MOHAMMADI

WHAT IS A TEMPORARY FOREIGN WORKER
PROGRAM (TFWP)?
• TEMPORARY FOREIGN WORKER PROGRAM (TFWP) OBJECTIVE IS TO ASSIST
EMPLOYERS WHO HAVE DEMONSTRATED A NEED TO FILL JOBS FOR WHICH
THERE ARE NO QUALIFIED CANADIANS
• IMPLEMENTING PROCESSES TO ENSURE THAT CANADIAN EMPLOYERS MAKE
EFFORTS TO HIRE AND TRAIN CANADIAN WORKERS BEFORE SEEKING
TEMPORARY FOREIGN WORKERS, AND TO MAKE SURE THAT FOREIGN WORKERS
ARE GENUINELY TEMPORARY.
 WHO IS A TEMPORARY
FOREIGN WORKER (TFW)?

A FOREIGN NATIONAL ENGAGED IN PAID WORK

ACTIVITY WHO IS AUTHORIZED TO ENTER AND
TO REMAIN IN CANADA FOR A LIMITED PERIOD
OF TIME
FOREIGN NATIONALS WHO WISH TO WORK
TEMPORARILY IN CANADA ARE PART OF THE
PRESCRIBED CLASS OF TEMPORARY RESIDENTS
WHAT IS A WORK PERMIT? 
 IT IS A WRITTEN AUTHORIZATION ISSUED BY AN OFFICER THAT
ALLOWS A FOREIGN NATIONAL TO ENGAGE IN EMPLOYMENT IN
CANADA

WHAT IS AN OPEN WORK PERMIT?

IS NOT A JOB-SPECIFIC WORK PERMIT, FOREIGN NATIONALS
WITH AN OPEN WORK PERMIT CAN WORK IN MOST JOBS AND
MAY CHANGE EMPLOYERS WITHOUT HAVING TO APPLY FOR
APPROVAL BY IRCC
 WORK PERMIT REQUIREMENTS:

o A FOREIGN NATIONAL WHO WISHES TO WORK IN CANADA

TEMPORARILY NEEDS TO RECEIVE PERMISSION TO DO SO BY
APPLYING FOR A PERMIT FROM A VISA OFFICE THAT SERVICES HER
COUNTRY WHERE SHE IS LAWFULLY ADMITTED

o IN SOME CASES A WORK PERMIT IS TIED TO A SPECIFIC

EMPLOYER, IN OTHER CASES, THE WORK PERMIT MAY BE “OPEN”
AND SOME WORKERS DO NOT REQUIRE A WORK PERMIT AT ALL 

Examples of a work permit
tied to a specific employer:
Under Temporary foreign worker
program (TFWP) foreign worker
generally is required to have a
genuine job offer from a
Canadian employer who has
obtained a LMIA and a work
permit and cannot change the
employer without IRCC
authorization
Examples of Open work
permit:
International Student who has
been graduated from a post
secondary institution and wants
to work at a job in the same field
as her education
Examples of No Work
permit:
Through the NAFTA categories
are exempt from the LMIA
process and may be exempt from
having to obtain a work permit.
Business visitors may not need a
work permit depending on the
type of work to be performed,
Diplomats, Foreign athletes,
Students engaged in part-time
work on campus
WHO CAN APPLY FOR OPEN WORK PERMIT?
PERSONS WHO ARE ALREADY WORKING IN CANADA AND WHO’S APPLICATIONS FOR PR
HAS RECEIVED A POSITIVE ELIGIBILITY ASSESSMENT UNDER ONE OF THE FOLLOWING: FEDERAL
SKILLED WORKER PROGRAM, CANADIAN EXPERIENCE CLASS, PROVINCIAL NOMINEE PROGRAM,
FEDERAL SKILLED PROGRAMS, OR ON H&C GROUNDS 
FAMILY MEMBERS OF PERSONS WHO’S APPLICATIONS FOR PR HAVE BEEN APPROVED UNDER ONE
OF THE PROGRAMS MENTIONED ABOVE
INTERNATIONAL STUDENTS WHO HAVE BEEN GRADUATED FROM A POST SECONDARY
INSTITUTION AS WELL AS THEIR SPOUSE OR COMMON LAW PARTNER
SPOUSES OR COMMON LAW PARTNERS OF FOREIGN NATIONALS WHO HAVE BEEN NOMINATED
FOR PR BY A PROVINCE
PERSONS WHO HAVE A TRP THAT IS VALID FOR AT LEAST SIX MONTHS
REFUGEES WHO’S CLAIMS HAVE BEEN REFERRED TO THE IRB FOR REFUGEE PROTECTION AND
WHO CANNOT PAY FOR THEIR BASIC NEEDS WHILE WAITING FOR A DECISION
REFUGEE CLAIMANT WHOM HAVE BEEN REJECTED BY RAD AND CAN NOT BE REMOVED FROM
CANADA DUE TO REASONS BEYOND THEIR CONTROL, AND CANNOT PAY THE BASIC NEEDS
WITHOUT WORKING
 CRITERIA FOR A WORK PERMIT

• THE EMPLOYER MUST UNDERGO AN EMPLOYER COMPLIANCE REVIEW AND

OBTAIN A POSITIVE LMIA FROM ESDC/ SERVICE CANADA
• THE FOREIGN NATIONAL MUST APPLY AND OBTAIN A WORK PERMIT AND TRV IF
APPLICABLE FROM A VISA OFFICE
• THE FOREIGN NATIONAL MUST ENTER TO CANADA ONLY AFTER AN
EXAMINATION DONE BY AN CBSA OFFICER AT PORT OF ENTRY
 DECISIONS ON APPLICATION

• A FOREIGN WORKER WHOSE APPLICATION HAS BEEN APPROVED WILL RECEIVE

A LETTER OF INTRODUCTION WHICH MUST BE SHOWN TO THE POE UPON
ARRIVAL TO CANADA
• LETTER
OF INTRODUCTION: A DOCUMENT PROVIDED BY A VISA OFFICE TO CONFIRM AP
PROVAL OF WORK PERMIT FOR PRESENTATION TO AN OFFICER UPON ARRIVAL
WORK PERMIT PROCESS FOR
TEMPORARY FOREIGN
WORKERS:
Genuine job offer signed contract with employer

Employer receives positive LMIA

Foreign national applicant submits application for WP and

TRV or ETA

Pay fees and biometric fee

Application assessed by VO or CBSA at POE:

eligibility and admissibility

Issued a TRV/WP & letter of introduction for POE

issued a work permit at POE

Apply for SIN & comply with work permit conditions

WHAT SHOULD YOU KNOW ABOUT THE WORK
PERMIT
 DOCUMENTS MUST BE PROVIDED TO SUPPORT APPLICATION:

 AN EMPLOYMENT CONTRACT FROM THE PROSPECTIVE EMPLOYER THAT IS

SIGNED BY BOTH PARTIES
 PROOF OF LMIA IN CANADA: A COPY OF ESDC LMIA, UNLESS THE OCCUPATION IS
EXEMPT
 BACKGROUND DOCUMENTS SHOWING QUALIFICATIONS AND EXPERIENCE AS
EVIDENCE THAT THE APPLICANT MEETS THE REQUIREMENTS OF THE JOB AND
WILL BE ABLE TO PERFORM THE WORK
 PROOF OF IDENTITY: VALID PASSPORT, BIOMETRICS, FINGERPRINTS
 PROOF OF RELATIONSHIP: IF A FAMILY MEMBER WILL BE ACCOMPANYING THE
FOREIGN NATIONAL TO CANADA (MARRIAGE/ BIRTH CERTIFICATE)
 WORK PERMIT CONDITIONS

• GENERALLY A WORK PERMIT IS BASED IN SPECIFIC POSITIONS WITH A SPECIFIC

EMPLOYER, AND IS SUBJECT TO ONE OR MORE OF THE FOLLOWING CONDITIONS:
 TYPE OF EMPLOYMENT IN WHICH THE FOREIGN WORKER MAY WORK
 EMPLOYER FOR WHOM THE FOREIGN WORKER MAY WORK
 LOCATIONS WHERE THE FOREIGN WORKER MAY WORK
 LENGTH OF TIME THE FOREIGN WORKER MAY WORK
• IN THE EVENT THAT THE FOREIGN WORKER SEEKS TO ENGAGE IN WORK WITH A
DIFFERENT EMPLOYER, A NEW LMIA WILL BE REQUIRED, UNLESS THE OCCUPATION IS
ESDC-EXEMPT; THIS IS IN ADDITION TO THE REQUIREMENT TO OBTAIN A NEW WORK
PERMIT 
•  
 PLACE OF APPLICATION

• MUST APPLY FOR A WORK PERMIT OUTSIDE OF CANADA IN THE

COUNTRY WHERE SHE WAS LAWFULLY ADMITTED OR HER
COUNTRY OF NATIONALITY AT A VISA OFFICE THAT SERVICES THEIR
COUNTRY
• IN SOME SITUATIONS A WORK PERMIT MAY BE OBTAINED AT THE
PORT OF ENTRY WITHIN CANADA ( U.S CITIZENS HOLDING A U.S
PASSPORT)
• PERSONS WHO REQUIRE MEDICAL EXAMINATION MUST APPLY
OUTSIDE CANADA 
 WORK PERMIT EXTENSIONS
AS WITH TRVS A FOREIGN WORKER MAY APPLY FOR AN EXTENSION OF A WORK PERMIT, HOWEVER
THE FOREIGN NATIONAL MUST COMPLY WITH THE FOLLOWING CONDITIONS:
• THE RENEWAL APPLICATION MUST BE MADE BEFORE THE EXPIRY OF THE CURRENT TRV AND
WORK PERMIT WITH IN 30 DAYS BEFORE EXPIRY
• THE FOREIGN WORKER HAS COMPLIED WITH ALL CONDITIONS IMPOSED ON ENTRY IN TO CANADA 
IT IS IMPORTANT TO KNOW THAT THE REGULATIONS ALLOW A FOREIGN WORKER TO CONTINUE
WORKING IN CANADA UNDER THE CONDITIONS OF AN EXPIRED WORK PERMIT IF THE FOLLOWING
CONDITIONS ARE MET:
• THE  APPLICATION WAS MADE BEFORE THE ORIGINAL WORK PERMIT EXPIRED
• THE FOREIGN WORKER HAS REMAINED IN CANADA SINCE THE EXPIRY OF THE WORK PERMIT 
• THE FOREIGN WORKER CONTINUES TO COMPLY WITH THE CONDITIONS
• IF THE FOREIGN WORKER’S PERMIT EXPIRES BEFORE A DECISION IS MADE, THE WORKER IS
CONSIDERED TO HAVE IMPLIED STATUS AS A TEMPORARY RESIDENT DURING THAT PERIOD 
  DANIEL – IRISH GUY, LIVES IN
IRELAND, OFFERED POSITION OF A
PRODUCTION MANAGER AT A MEAT
PROCESSING FACILITY IN ALBERTA
SCENARIO
 IAN – DANIEL’S COMMON-LAW
PARTNER, ROMANIAN CITIZEN, LIVES
IN IRELAND, WORKS AS A BANK
TELLER, CAN JOIN THE SAME
CANADIAN COMPANY AS FOOD
QUALITY ASSURANCE SPECIALIST.
TRAINING WILL BE PROVIDED.
MAIN QUESTION FOR IMMIGRATION
CONSULTANT…
 IS DANIEL LMIA EXEMPT?
IS DANIEL ELIGIBLE FOR AN OPEN WORK
PERMIT ?
• INTERNATIONAL STUDENT WHO GRADUATED FROM A DESIGNATED LEARNING INSTITUTION AND IS ELIGIBLE FOR THE 
POST-GRADUATION WORK PERMIT PROGRAM
• STUDENT WHO’S NO LONGER ABLE TO MEET THE COSTS OF STUDIES (DESTITUTE STUDENT)
• APPLIED FOR PERMANENT RESIDENCE IN CANADA
• DEPENDENT FAMILY MEMBER OF SOMEONE WHO APPLIED FOR PERMANENT RESIDENCE
• SPOUSE OR COMMON-LAW PARTNER OF A SKILLED WORKER OR INTERNATIONAL STUDENT
• REFUGEE, REFUGEE CLAIMANT, PROTECTED PERSON OR THEIR FAMILY MEMBER
• UNDER AN UNENFORCEABLE REMOVAL ORDER
• TEMPORARY RESIDENT PERMIT HOLDER, OR
• YOUNG WORKER PARTICIPATING IN SPECIAL PROGRAMS
 INTERNATIONAL EXPERIENCE PROGRAM

- INTERNATIONAL EXPERIENCE YOUNG PROFESSIONALS

- INTERNATIONAL EXPERIENCE WORKING HOLIDAY
- INTERNATIONAL EXPERIENCE CO-OP INTERNSHIP
- YOU CAN FIND INFORMATION ON THE PROGRAM AT
(HTTPS://WWW.CANADA.CA/EN/IMMIGRATION-REFUGEES-CITIZENSHIP/CORPORATE/PUBLICATIONS-
MANUALS/OPERATIONAL-BULLETINS-MANUALS/TEMPORARY-RESIDENTS/FOREIGN-
WORKERS/EXEMPTION-CODES/INTERNATIONAL-EXPERIENCE/CANADIAN-INTERESTS-RECIPROCAL-
EMPLOYMENT-INTERNATIONAL-EXPERIENCE-CANADA-BILATERAL-AGREEMENTS-
ARRANGEMENTS.HTML)
 GENERAL REQUIREMENTS FOR
INTERNATIONAL EXPERIENCE CANADA
• BE A CITIZEN (PASSPORT HOLDER) OF ONE OF THE 34 COUNTRIES THAT HAVE A
BILATERAL YOUTH MOBILITY ARRANGEMENT WITH CANADA;
• HAVE A VALID PASSPORT FOR THE DURATION OF THEIR STAY IN CANADA (THE WORK PERMIT
ISSUED WILL NOT BE LONGER THAN THE VALIDITY OF THE PASSPORT),
• BE BETWEEN THE AGES OF 18 AND 30 OR 35 AT THE TIME OF APPLICATION (THE UPPER AGE
LIMIT DEPENDS ON THE APPLICANT’S COUNTRY OF CITIZENSHIP);
• HAVE THE EQUIVALENT OF $2,500 CAN UPON LANDING TO HELP COVER INITIAL EXPENSES;
• BE ABLE TO TAKE OUT HEALTH INSURANCE FOR THE DURATION OF THEIR STAY (PARTICIPANTS
MAY HAVE TO PRESENT EVIDENCE OF THIS INSURANCE AT THE POINT OF ENTRY IN CANADA);
• BE ADMISSIBLE TO CANADA;
• HAVE, PRIOR TO DEPARTURE, A ROUND-TRIP TICKET OR THE FINANCIAL RESOURCES TO
PURCHASE A DEPARTURE TICKET FOR THE END OF THEIR AUTHORIZED STAY IN CANADA,
• NOT BE ACCOMPANIED BY DEPENDENTS; AND
• PAY THE APPROPRIATE FEES.
DOCUMENTS FOR WORK PERMIT APPLICATION
• APPLICATION FOR WORK PERMIT MADE OUTSIDE OF CANADA (IMM 1295)
• FAMILY INFORMATION FORM
• STATUTORY DECLARATION OF COMMON-LAW UNION
• USE OF A REPRESENTATIVE
• CIC RECEIPT OF PAYMENT ($155 CAD)
• INFORMATION PAGE OF PASSPORT
• TWO PHOTOS MEETING THE CIC REQUIREMENTS
• PROOF INDICATING YOU MEET THE REQUIREMENTS OF THE JOB BEING OFFERED
• COPY OF THE LMIA AND A COPY OF THE JOB OFFER
 WHAT ABOUT IAN ?

YOU MAY BE ELIGIBLE FOR AN OPEN WORK PERMIT IF:

- YOU ARE A SPOUSE OF A SKILLED WORKER IN AN
OCCUPATION UNDER THE NOC SKILL TYPE 0, A OR B
PRODUCTION MANAGER AT A MEAT PROCESSING FACILITY
NOC 0911