Frequently Asked Questions

The Temporary Foreign Worker (TFW) program in Canada is a government program that allows Canadian employers to hire foreign workers when qualified Canadian citizens or permanent residents are not available to fill the positions.

 

It depends on:

– the job you want to do,
– the program you want to apply for,
– whether or not your job requires a Labour Market Impact Assessment (LMIA).

In most cases, you’ll need one or more of the following documents to apply for a work permit:

– an LMIA number from your employer if your job needs an LMIA,
– proof that your employer has submitted an offer of employment through the Employer Portal,
– an employment contract or letter (if your employer is exempt from the employer compliance process),
– proof that you are certified, accredited or qualified to work in the job you want.

In some cases, you might be exempt from an LMIA:

– Mobilité Francophone allows Canadian employers hire French-speaking and bilingual workers from abroad to work outside of Quebec in managerial, professional, and technical occupations and skilled trades.

If you are between 18 and 35 years old, you might be eligible for a temporary work permit under International Experience Canada.

 

To obtain a work permit through the TFW program, you must first have a job offer from a Canadian employer who has received a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).

Once you have the job offer and the LMIA, you can apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC).

 

An immigration consultant can help you understand the requirements and process for the TFW program, assist you with completing your application forms and documents, and provide guidance and support throughout the entire application process. They can also help you with any issues that may arise during your stay in Canada, such as extending your work permit or applying for permanent residence.

 

To participate in the TFW program, your employer must meet certain eligibility requirements, such as demonstrating that they have made efforts to hire Canadian citizens or permanent residents and that they will provide you with wages and working conditions that are comparable to those of Canadian workers in similar occupations. Your employer will need to apply for an LMIA from ESDC to demonstrate their eligibility.

 

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.

A positive LMIA will show that there is a need for a foreign worker to fill the job.  It will also show that no Canadian worker or permanent resident is available to do the job.  A positive LMIA is sometimes called a confirmation letter.

If the employer needs an LMIA, they must apply for one.

Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs:

– a job offer letter,
– a contract,
– a copy of the LMIA, and
– the LMIA number.

 

Depending on your occupation and the length of your stay in Canada, you may be required to undergo a medical exam before you can come to Canada. The requirements can vary, so it is best to check with IRCC or a licensed immigration consultant for more information.

 

Depending on your nationality, you may be required to provide biometric information, such as fingerprints and a photograph, as part of your TFW program application. You can check the IRCC website to see if biometrics are required for your country of origin.

 

Processing times vary depending on the type of application you submit.  Information on processing times is available online for applications submitted inside and outside of Canada.  This information is updated frequently, so check often.

 

It depends on the work permit you have.  Most work permits are tied to a specific employer.  They will only allow you to work for the employer on the permit.

In some situations, you can get an open work permit which does not include a specific employer.  An open work permit allows you to work for any employer in Canada unless the employer:

– is listed as ineligible on the list of employers who failed to comply with the conditions, or
– offers, on a regular basis, striptease, erotic dance, escort services or erotic massages.

 

Your application for a work permit will be refused.

 

There is no set maximum amount of time you can work in Canada as a temporary worker.  The length of time you can work depends on:

– the job offer from your employer;
– the length of time listed on your Labour Market Impact Assessment, if your employer needed to get one to hire you;
– how long your passport is valid for.

If you will be working in Quebec as a temporary worker, you may need to get a Québec Acceptance Certificate (CAQ).  The CAQ will show the length of time you are allowed to work in Quebec.  If you are exempt from the LMIA process, you don’t need to get a CAQ.

 

If you are moving to Canada permanently …

Your spouse or common-law partner and dependent children can come with you to Canada if:

– you and your family members meet the eligibility requirements of your program (for example, you meet the income requirement to sponsor your family members),
– your children qualify as dependants, and
– your family members are not inadmissible to Canada.

 

Yes, in most cases your spouse or common-law partner can work in Canada.  However they will usually need a work permit to work in Canada.  They must apply for their own work permit.

In some cases, your spouse or common-law partner may be able to apply for an open work permit—allowing him or her to accept any job with any employer.

In other cases, your spouse or common-law partner must apply for a work permit for a specific employer.  The employer may have to get a Labour Market Impact Assessment (LMIA).  An LMIA allows an employer to hire someone for a specific job.  Find out if your spouse or common-law partner’s employer needs an LMIA to hire them.

 

If your dependent children want to work in Canada, they must apply for their own work permit.  Normally they must meet the same requirements that you do.

In most cases, your dependent children must apply for a work permit for a specific job.  Their employer may have to get a Labour Market Impact Assessment (LMIA – a document an employer must usually get before they can hire a foreign worker) from Employment and Social Development Canada.  An LMIA allows an employer to hire someone for a specific job.

In some cases, your dependent children will need a medical exam.

 

Yes, you may be eligible to apply for permanent residence in Canada as a temporary foreign worker. There are various programs available, such as the Canadian Experience Class and the Provincial Nominee Program, that may allow you to apply for permanent residence while you are working in Canada.

 

Normally your work permit is valid for the same amount of time that your spouse or common-law partner’s work permit or study permit is valid.  Your work permit will stay valid for that entire period even if your spouse or common-law partner’s situation changes, for example:

– they lose their job,
– they complete their studies early, or
– you divorce or separate.

If these situations apply to you, you won’t be able to extend this work permit when it expires, but you may be eligible for another type of work permit.