The Temporary Foreign Worker Program (TFWP)
The Temporary Foreign Worker Program (TFWP) is designed to assist Canadian employers by permitting the temporary hiring of foreign nationals for up to three years (dependent on the stream) to address labor force shortages within Canada. This program is jointly managed by Immigration, Refugees, and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). Under the TFWP, there are five streams: high-wage workers, low-wage workers, global talent, foreign agricultural workers, and foreign academics. To hire a foreign national temporarily, the Canadian employer may be required to conduct a Labor Market Impact Assessment (LMIA) to ensure the domestic Canadian labour force is not negatively affected by the hiring of the foreign national, unless specifically exempted.
How Does the Temporary Foreign Worker Program Work?
The Temporary Foreign Worker Program (TFWP) requires employers to complete multiple steps to ensure hiring a foreign national is justified. The first step is to complete a Labor Market Impact Assessment (LMIA) unless exempted.
Although the LMIA application process may differ depending on the type of program the employer is hiring through, generally, to complete an LMIA, the employer must complete the following requirements:
Pay $1,000 CAD fee;
Provide evidence of business legitimacy;
Illustrate how they will transition from a temporary foreign worker to hiring a Canadian citizen or permanent resident;
Showcase Canadian citizen or permanent resident recruitment efforts for the employment opportunity;
Include wages of the temporary foreign worker to demonstrate whether this is a high-wage or low-wage position and ensure the temporary foreign worker is paid equal to the Canadian workforce standard;
Demonstrate workplace safety, including (in applicable provinces or territories) obtaining health insurance.
Foreign nationals intending to work in Canada as a temporary foreign worker must acquire a job offer from a Canadian employer who has completed and received an approved LMIA. To be approved after submission of the work permit, the foreign national must demonstrate they are not inadmissible to Canada. The work permit will be for a specific time period. During their stay, the temporary foreign worker can legally work for the employer named on the work permit and cannot change employers. At the end of the work permit, the temporary foreign worker must leave Canada, extend the work permit before expiration, or apply for permanent residency if eligible.
Requirements For Temporary Foreign Workers
The Labor Market Impact Assessment (LMIA) is the first requirement for a Temporary Foreign Worker (TFW) to acquire a work permit and legally work in Canada. The LMIA is completed by the employer and has several requirements in which we cover in detail on our Labor Market Impact Assessment page. In short, the employer must demonstrate it has tried to hire a Canadian citizen or permanent resident but was not able to fill the position because no one was available or qualified for the job. Once the employer receives a positive LMIA, they may offer the job to a foreign national.
To apply for a TFWP, a foreign national must meet the following general eligibility requirements:
- Have a job offer or employment contract in Canada from a positive LMIA employer;
- Demonstrate they will leave Canada upon the expiry of the work permit;
- Provide finances to cover the stay in Canada;
- Obey Canadian laws and be admissible into Canada (have prior experience in criminal activity);
- Not be a danger to Canadian society;
- Be in good health;
- Not be employed in specific job categories.
Kindly note that eligibility requirements may vary whether depending on whether you apply from inside or outside of Canada, and if you apply at a Port of Entry into Canada.
The Temporary Foreign Worker Program (TFWP) Streams
The Temporary Foreign Worker Program (TFWP) enables Canadian employers to hire foreign talent. Employers can recruit temporary foreign workers through the TFWP via the following streams:
1. Foreign Academics
2. Foreign Agricultural Workers – Seasonal Agricultural Worker Program or Agricultural Stream
3. Global Talent Stream
4. High-Wage Stream
5. Caregiver Program – Home Child Care Provider Pilot or Home Support Worker Pilot
6. Low-Wage Stream
High-Wage Workers Stream
This stream is used by employers who need to hire a temporary foreign worker for a position that will be paid at or above the province or territory’s median hourly wage. The employer must apply through the Temporary Foreign Worker Program stream for High-Wage Workers.
Low-Wage Workers Stream
In contrast to the High-Wage Workers Stream, employers who need to hire a temporary foreign worker for a position that will be paid less than the median hourly wage of the jobs in the province or territory must apply through the Temporary Foreign Worker Program stream for Low-Wage Workers.
Global Talent Stream
The Global Talent Stream started as a two-year pilot program in 2017. It was developed to help Canadian businesses compete globally and hire highly skilled and talented individuals. There are different categories under which the applicant can apply, depending on the category of employment. An applicant may be eligible under Category A if a designated referral partner has referred them and they have specialized talent required for the growth and stability of the employer. Applicants may be eligible under Category B if the in-demand employment opportunity is listed on the Global Talent Occupations List. Notably, a referral is not required for Category B applications.
Foreign Academics
The Foreign Academics stream of Canada’s Temporary Foreign Worker Program (TFWP) is specifically designed for academic professionals seeking to contribute to Canada’s educational and research sectors. An academic is defined by Immigration, Refugees, and Citizenship Canada (IRCC) as an individual who has acquired at least one degree after a Bachelor’s degree and whose primary source of income is derived from teaching or researching as an employee at specific educational institutions. This stream caters to the unique needs of universities and other academic or research institutions in recruiting specialized international talent.
Foreign Agricultural Workers
Immigration, Refugees and Citizenship Canada (IRCC) has developed two streams for hiring temporary foreign agricultural workers in Canada. For both streams, the employer must demonstrate the job activity pertains to on-farm primary agriculture and aligns with one of the specified National Occupation Classification (NOC) Codes from the National Commodity List: 80020, 80021, 21112, 82031, 84120, 85103, or 85101. If the employer meets these criteria, they may be eligible to hire a temporary foreign worker in one of the two streams:
Agricultural Stream: The Agricultural Stream of Canada’s Temporary Foreign Worker Program (TFWP) facilitates hiring foreign workers for non-seasonal farm jobs that Canadian citizens or permanent residents cannot fill. It targets long-term or permanent agricultural positions in producing commodities such as livestock, poultry, and crops, ensuring Canadian agricultural producers have access to the necessary workforce throughout the year. This program’s specific employer-related requirements to ensure employee safety include:
Mandatory round-trip international travel costs.
Safe, adequate, and affordable housing.
Free day-to-day transportation.
An applicant for this program can be from any country.
Seasonal Agricultural Worker Program (SAWP): SAWP is a part of the TFWP designed to meet the seasonal demands of Canadian agricultural producers. This program allows for the recruitment of foreign workers for a maximum of 8 months between January 1st and December 15th, specifically for planting, cultivating, and harvesting crops. SAWP operates under agreements with Mexico and several Caribbean countries, providing a reliable source of seasonal labor for the Canadian agricultural sector.
Countries participating in SAWP:
Anguilla
Antigua and Barbuda
Barbados
Dominica
Grenada
Jamaica
Mexico
Montserrat
St. Kitts-Nevis
St. Lucia
St. Vincent and the Grenadines
Trinidad and Tobago.
A foreign national may qualify for this program if:
They are a citizen of one of the above-mentioned participating countries;
The employment opportunity must involve the production of specific commodities;
The job activity must be related to on-farm primary agriculture.
Caregiver Program
The Caregiver Program, facilitated by Immigration, Refugees and Citizenship Canada (IRCC), addresses the demand for foreign nationals to provide care for children, older people, or individuals with medical needs within private residences in Canada. This program is structured through two pilot streams, each with distinct eligibility requirements.
Home Child Care Provider Pilot: Applicants under this pilot must demonstrate the intention and ability to provide in-home childcare (NOC 4411), excluding foster parents. Essential requirements include a minimum of one year of full-time work experience (or the equivalent in part-time work) in a relevant field or job or a one-year post-secondary credential in a related field, alongside a minimum language proficiency level of Canadian Language Benchmark (CLB) of 5 in English or French. A genuine job offer is also required, although applicants can change employers.
Home Support Worker Pilot: This stream targets individuals aiming to work in private homes as home support workers (NOC 4412), excluding housekeepers. Similar to the Home Child Care Provider Pilot, candidates must have at least one year of full-time relevant work experience or a one-year post-secondary credential in a related field, meet the minimum CLB 5 language requirement, and secure a genuine job offer. The program permits changes in employment within the caregiving field.
Frequently Asked Questions About the Canadian Experience Class
Can I apply for Canadian experience class outside Canada?
Yes, candidates can apply outside of Canada for the Canadian Experience Class if they fulfill the eligibility criteria, including having one year of work experience in Canada within three years immediately preceding the application. Candidates in Canada on a temporary work visa nearing its expiration can obtain a bridging open work permit, allowing them to maintain employment in Canada while awaiting their invitation to apply for permanent residency.
Do you need to show financial proof for the Canadian Experience Class?
No, if you receive an invitation under the Canadian Experience Class, the requirement to demonstrate financial proof does not apply to you. However, by default, the Express Entry system will request proof of funds documents from all candidates. To be exempt, invitees for permanent residency can fulfill this step by uploading a letter stating their invitation under the Canadian Experience Class or uploading evidence of a valid job offer, bypassing the need to show proof of funds.
Do internships and co-ops in Canada count toward Canadian Experience Class work experience?
No, however, it is a bit nuanced. The eligibility of a paid internship to count towards the Express Entry work experience requirement varies depending on its relation to your educational program. If your paid internship was conducted outside of your academic curriculum and not as a requirement for your degree or diploma, it could be considered valid work experience for Express Entry. This means that internships undertaken independently of academic obligations, where you gain practical skills relevant to your professional field, may contribute to fulfilling the work experience criteria for Express Entry applications.
Frequently Asked Questions Temporary Foreign Worker Program
What is the meaning of TFWP?
Who is eligible for TFWP in Canada?
Eligibility for the Temporary Foreign Worker Program (TFWP) in Canada is primarily determined by the employer’s need to fill a job vacancy that Canadian citizens or permanent residents cannot fill. Employers must obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). This demonstrates the necessity of hiring a foreign worker. For foreign workers, eligibility hinges on meeting the specific requirements of employment, such as necessary qualifications, experience, and language skills, as well as obtaining a valid work permit from Immigration, Refugees, and Citizenship Canada (IRCC) based on the LMIA.
What does positive LMIA mean?
A positive Labour Market Impact Assessment (LMIA) indicates a genuine need for a foreign worker to fill a job in Canada and that no Canadian citizen or permanent resident is available. It allows an employer to hire a foreign worker by demonstrating the employment of the foreign worker will have a neutral or positive effect on the local labor market. A positive LMIA is a critical document in hiring foreign workers through specific Temporary Foreign Worker Program (TFWP) streams. It is required before a foreign worker can apply for a work permit.
What are the fees for the Temporary Work Permit of Canada?
The fees for obtaining a Temporary Work Permit in Canada are primarily the responsibility of the applicant, costing $155 CAD for an individual application. If the work permit includes an open work permit holder fee, such as in the case of spouses of skilled workers, there is an additional charge of $100 CAD. Employers may need to pay the compliance fee of $230 CAD or the $1,000 CAD fee associated with the Labour Market Impact Assessment (LMIA), depending on the stream under which they are hiring. It’s important to note these fees are subject to change, and applicants should verify the current rates on the official Immigration, Refugees and Citizenship Canada website.
Can I bring my dependents to Canada while on the Temporary Foreign Worker Program?
Yes, participants in the Temporary Foreign Worker Program (TFWP) in Canada can bring their dependents, including spouses or common-law partners and dependent children during their employment period. Spouses or common-law partners may be eligible to apply for an open work permit, allowing them to work for any employer in Canada. Dependent children may obtain study permits to attend Canadian educational institutions without needing a separate study permit application. The ability to bring dependents is subject to meeting all the necessary immigration requirements and providing sufficient proof of financial support during their stay in Canada.
