The Temporary Foreign Worker Program (TFWP) enables Canadian employers to temporarily hire foreign nationals when no qualified Canadian citizens or permanent residents are available. Jointly administered by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), the TFWP addresses labour shortages across various industries and positions in Canada’s workforce.
What Is the Temporary Foreign Worker Program?
The TFWP is a key initiative designed to help Canadian employers fill critical gaps in the labour market by hiring foreign talent on a temporary basis. At the same time, the program safeguards the rights of temporary foreign workers, ensuring they receive fair treatment and compensation.
Key TFWP Streams
Under this program, employers may hire temporary foreign workers through several streams:
- High-Wage Workers
- Low-Wage Workers
- Global Talent Stream
- Foreign Agricultural Workers
- In-Home Caregivers
- Foreign Academics
One essential feature of the TFWP is the Labour Market Impact Assessment (LMIA) requirement. Employers must secure a positive LMIA, proving they cannot find a Canadian worker for the role. A positive LMIA then allows the foreign national to apply for a Canadian work permit or possibly permanent residence.
Labour Market Impact Assessments (LMIAs)
Before hiring foreign nationals, most employers must obtain a Labour Market Impact Assessment (LMIA) from ESDC. Below is a closer look at what an LMIA involves and why it matters.
What Is an LMIA?
A Labour Market Impact Assessment is a formal document indicating whether hiring a foreign worker could positively, neutrally, or negatively impact the Canadian labour market.
- Positive LMIA: Confirms the position cannot be filled by a Canadian, thus enabling an employer to hire a foreign worker.
- Negative LMIA: Suggests a suitable Canadian worker is available, barring the hire of a foreign national for the role.
LMIAs are integral to the TFWP, ensuring that domestic labour market needs are protected before an employer looks abroad for workers.
International Mobility Program (IMP)
While the TFWP requires an LMIA, Canada also has the International Mobility Program (IMP), which allows employers to hire foreign workers without requiring an LMIA.
LMIA Exemptions Under IMP
LMIA exemptions generally apply when a broader economic, cultural, or competitive advantage is recognized, or if Canadians receive reciprocal employment benefits in the foreign worker’s home country. Employers hiring through the IMP must:
- Confirm the position or worker qualifies for an LMIA exemption.
- Pay the employer compliance fee of $230 CAD.
- Submit the official job offer through the IMP’s Employer Portal.
If these conditions are met, the foreign national can apply for a work permit without having to go through the LMIA process. Positions that are eligible under IMP may also qualify for faster processing through the Global Skills Strategy if they are categorized under NOC Skill Level 0 or A.
Global Talent Stream (GTS)
The Global Talent Stream (GTS) is a pilot program under TFWP, launched in June 2017 to help Canadian employers access highly skilled global talent. It operates in partnership with IRCC and ESDC, offering expedited service so Canadian businesses can stay competitive in the international market.
Advantages of GTS
- Faster Processing: Employers referred to the GTS can expect an accelerated path to hire highly skilled foreign workers.
- Global Skills Strategy: Qualified workers under GTS can leverage two-week work permit processing from outside Canada, getting them into the workforce more quickly.
High-Wage Workers Stream
The High-Wage Workers stream of the TFWP applies to positions where the wage is at or above the provincial or territorial median hourly wage.
Hiring High-Wage Workers
Employers must demonstrate efforts to recruit Canadians before hiring abroad. After obtaining a positive LMIA, the employer provides the foreign worker with the LMIA results and a signed job contract. The worker then applies for authorization to work in Canada, either through a work permit or (if eligible) a permanent residency pathway.
Low-Wage Workers Stream
If the offered wage is below the provincial or territorial median hourly wage, employers use the Low-Wage Workers stream of the TFWP.
Hiring Low-Wage Workers
Similar to the high-wage process, employers need a positive LMIA. Additional stipulations often apply to ensure the rights and safety of low-wage temporary foreign workers. Once approved, the worker receives the LMIA results and a signed contract, enabling them to apply for their Canadian work permit or permanent residence (if eligible).
Foreign Agricultural Workers
The TFWP offers specialized pathways for employers needing foreign nationals in agricultural roles. Canada recognizes two specific streams to facilitate agricultural hiring:
- Regular Agricultural Stream
- Seasonal Agricultural Worker Program (SAWP)
Requirements for Agricultural Streams
To hire through agriculture-specific channels, employers must show the following:
- Production falls within Canada’s national commodity list.
- The job duties relate to on-farm primary agriculture within one of the relevant NOC codes (e.g. NOC 80020, 80021, 21112, 82031, 84120, 85103, and 85101).
Once these conditions are met, employers can proceed under the agricultural stream best suited to their needs.
Seasonal Agricultural Worker Program (SAWP)
The Seasonal Agricultural Worker Program (SAWP) allows Canadian employers to hire foreign nationals from specific countries for up to eight months to meet temporary agricultural needs.
SAWP Conditions
- Worker Citizenship: Candidates must be citizens of Mexico or participating Caribbean countries.
- Employer Obligations: Provide safe transport, housing, and workplace conditions.
- LMIA Requirements: Employers seeking SAWP workers must file an LMIA that includes SAWP specifications.
Participating Caribbean nations include Jamaica, Trinidad and Tobago, Barbados, and several others that hold bilateral agreements with Canada.
In-Home Caregivers
Canadian families may hire in-home caregivers to look after children, seniors, or persons with medical needs. The current TFWP guidelines may change with the launch of new pilot programs like the Home Child Care Provider and Home Support Worker pilots. However, core requirements remain for families seeking immediate caregiver support.
Requirements for In-Home Caregivers
- Caregivers for children must meet NOC Code 44100.
- Caregivers for persons with high medical needs must meet NOC 31301, 32101, or 44101.
- Families may be LMIA fee-exempt if hiring caregivers for children and their gross annual income is under $150,000 CAD, or if hiring caregivers for seniors or people with disabilities.
As with other TFWP streams, a positive LMIA is required before the caregiver can apply for a work permit.
Foreign Academics
Hiring foreign academics can boost the global competitiveness and quality of Canadian post-secondary institutions. Certain foreign national academics may not need an LMIA or a work permit, depending on the specifics of their role. Others must follow standard TFWP hiring steps, including securing an LMIA.
Academic Exemptions
- Some faculty positions may qualify for LMIA or work permit exemptions.
- If not exempt, the institution must apply through the TFWP, fulfilling typical LMIA requirements.
Global Skills Strategy (GSS)
The Global Skills Strategy (GSS) aims to expedite the hiring of certain highly skilled foreign nationals. Under GSS, eligible workers can have their Canadian work permits processed within two weeks, provided they are applying from outside of Canada and meet one of two categories:
- LMIA-Exempt workers with NOC Skill Level 0 or A positions.
- Workers who have a positive LMIA under the Global Talent Stream.
Spouses, common-law partners, and dependent children may also access expedited processing for their visas and permits.
Temporary Foreign Workers in Quebec
Quebec has unique rules for hiring foreign workers due to its significant autonomy in immigration matters.
Language of Submission
Except for in-home caregiver positions, all Quebec LMIA applications must be submitted in French. Employers facing difficulties should contact ESDC for support.
Application to MIDI
Employers must submit applications to both:
- Service Canada (federal level via ESDC), and
- Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) (provincial level).
Both federal and provincial approvals are required for Quebec-based foreign hires.
LMIA Exemptions in Quebec
Quebec has implemented an LMIA exemption for foreign workers who:
- Hold a valid work permit.
- Possess a Quebec Skilled Worker (CSQ) certificate.
- Reside in Quebec.
- Have applied for PR under the Quebec Skilled Worker class.
Facilitated LMIA in Quebec
Under the facilitated LMIA process, Quebec employers in certain occupations don’t need to provide recruitment proof that they tried to hire Canadian citizens or permanent residents first. This simplification speeds up foreign hiring in high-demand fields.
Advertising and Recruitment Requirement Exemptions (Quebec Pilot)
From December 6, 2021, to December 31, 2024, a pilot project exempts employers in Quebec from advertising and recruitment efforts for certain occupations, including:
- 65100 – Cashiers
- 65102 – Store shelf stockers, clerks, and order fillers
- 65201 – Food counter attendants, kitchen helpers, and related support occupations
- 65310 – Light duty cleaners
- 65311 – Specialized cleaners
- 65312 – Janitors, caretakers, and heavy-duty cleaners
- 85121 – Landscaping and grounds maintenance labourers
- 85120 – Logging and forestry labourers
- 95101 – Labourers in metal fabrication
- 95103 – Labourers in wood, pulp, and paper processing
- 95104 – Labourers in rubber and plastic products manufacturing
- 95106 – Labourers in food, beverage, and associated products processing
- 95107 – Labourers in fish and seafood processing
This pilot benefits Quebec employers facing acute labour shortages in these positions.
Conclusion
The Temporary Foreign Worker Program (TFWP) plays a vital role in addressing Canada’s labour force needs, balancing economic growth with employee protections. Employers must typically obtain a Labour Market Impact Assessment (LMIA) before hiring foreign nationals, although specific exemptions exist under the International Mobility Program (IMP) and certain provincial arrangements like Quebec’s facilitated LMIA.
Understanding the diverse streams—such as high-wage, low-wage, agricultural, in-home caregiving, and specialized academic positions—helps both employers and foreign workers choose the right pathway. Each stream has unique eligibility criteria, application procedures, and compliance requirements. Meanwhile, programs like the Global Skills Strategy and the Global Talent Stream accelerate hiring for highly skilled, in-demand workers.
By carefully adhering to federal and provincial guidelines, employers can secure the talent they need, while foreign nationals gain legal work opportunities and valuable Canadian experience—often acting as a stepping stone to permanent residency.