Canadian employers have been seen hiring thousands of workers across the globe. Keeping the pandemic of 2020 as an exception, the number of foreign workers coming to Canada through various work permit pathways has always seen increasing Since 2015.
The Canadian province is dealing with a low unemployment rate and a high number of available jobs. In simpler words, there are more available vacancies as compared to the eligible workers to fill them. Statistics Canada has shown that for only an average of 5.2 vaccines were filled for 100 positions. This average has gone up from 3 in 2019.
The only resort left to the Canadian Government is to call foreign workers to fill the available job vacancies that are not filled by the Canadian workers.
To call foreign workers, the employer has to take a Labour Market Impact Assessment to show the unavailability of specified workers in the province. Largely, the work permits are issued without an LMIA exemption.
This article has deeply described how employers can hire foreign workers through 2 different types of work permit programs.
LMIA exempt and LMIA work permits
The main 2 streams of work permits are- International Mobility Program (IMP) and Temporary Foreign Worker Program (TFWP)
Issuing a work permit through IMP does not require an LMIA whereas TFWP demands an LMIA.
TFWP Work permits require an LMIA procedure to show to Employment and Social Development Canada the shortage of eligible labor required for specified work positions which can be fulfilled by calling workers from abroad. After this, the ESDC evaluates and confirms inviting foreign workers is necessary and will not impact negatively the Canadian Labour market. After a positive response from LMIA, the employer has to send a copy to the applied workers which will be sent by those workers along with their application for the work permit to IRCC. Once the work permit is approved, the worker can start working.
Whereas IMP is designed to assist the social, cultural, and economic goals of the Canadian Government. This is why IMP is exempted from an LMIA. Work permits under Canada’s free trade agreements like Canada-United States-Mexico enable the citizens of the U.S. and Mexico to come for work purposes without an LMIA.
Canada provides the opportunity for youth around the globe to work in Canada through the Youth mobility agreement under IMP.
The province of Canada with the help of IMP allows international scholars and spouses to enter Canada through work permits. Openwork permits allow foreign workers to come to Canada to work irrespective of their profession and employer. Also, these open work permits do not require an LMIA for the employers.
Work permits for 2015-2021 in Canada
Hiring foreign workers under TFWP
The procedure for a work permit starts with completing the requirements related to LMIA. The is a specified procedure for applications, among which few of them require an LMIA procedure. Work permits programs like the global talent streamlet the employer process the applications without advertising. While the workers can proceed with their documentation within 14 days.
The procedure for LMIA application varies according to the kind of program through which workers are hired. Broadly they are categorized into 4 types
- Agricultural stream
- A seasonal agricultural worker program
- Workers working at low wages
- Workers working at high wages
After the successful response of LMIA, the employee has to submit a copy of the same to IRCC. Additionally, the employee has to also attach the job offer, contract, and valid information regarding the pay scale, duties, and responsibilities, their working hours, etc.
Once the worker receives the approval, a letter of introduction is given which is further used as a medium for receiving the work permit through the officials of border services at the time of arrival in Canada. The residents of Canada shall receive it through the mail.
Hiring workers through IMP
Following is the list provided of IMP work permit programs
- Intra-Company Transfers- This allows the transfer of high positioned employees to Canada
- CUSMA- This program facilitates the citizens of the U.S. and Mexico for facilitates processing
- Film and T.V.- Employees working in the media-related industry are welcomed by the Canadian Government as it helps in enhancing their film industry
- Entrepreneurial visits- Professionals coming to Canada for 180 days with the promise not to enter the Canadian Labour market can come to Canada without a work permit.
- Bridging Open Work Permit- Workers living in Canada whose PR application is under processing can apply for BOWP. Canadian residents/citizens, eligible spouses can get a BOWP.
- International Experience Canada-This program works for international youth on an agreement basis with more than 30 nations.
- Post-Graduation Work permit- Students graduating from Canadian designated Learning institutions can apply for PGWP to get a work permit for a maximum of 3 years.
The employers hiring through IMP are required to make a payment to IRCC for compliance with an offer of employment form. These steps need to be performed before applying for a work permit.
