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 No Work Examples of a work permit permit: tied to a specific employer: Examples of Open work permit: Through the NAFTA categories Under Temporary foreign worker are exempt from the LMIA program (TFWP) foreign worker process and may be exempt from generally is required to have a having to obtain a work permit. genuine job offer from a International Student who has Business visitors may not need a Canadian employer who has been graduated from a post work permit depending on the obtained a LMIA and a work secondary institution and wants type of work to be performed, permit and cannot change the to work at a job in the same field Diplomats, Foreign athletes, employer without IRCC as her education Students engaged in part-time authorization 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