Temporary Foreign Worker program

Tap into a worldwide talent pool to fill critical skill gaps and grow your company.

Canadian employers often face challenges in finding qualified local candidates for specialized roles. Hiring foreign workers offers a powerful solution, providing access to skilled professionals from around the globe to help your business thrive and innovate.

Canadian employers often face challenges in finding qualified local candidates for specialized roles. Hiring foreign workers offers a powerful solution, providing access to skilled professionals from around the globe to help your business thrive and innovate.

 

How to hire a foreign worker?

The two primary avenues for hiring foreign workers are the Temporary Foreign Worker Program (TFWP), which requires a Labour Market Impact Assessment (LMIA), and the LMIA-exempt International Mobility Program (IMP).

 
LMIA (Labour Market Impact Assessment)

This document proves that no Canadian worker is available for a job. It is required for employers hiring under the Temporary Foreign Worker Program and ensures the foreign worker will not negatively impact the Canadian labor market.

LMIA Exemption

Some foreign worker programs are exempt from the LMIA requirement, allowing for a faster and more direct path to a work permit. These exemptions apply to specific situations, such as international agreements or jobs of significant benefit to Canada.

General Requirements

  • Employers must demonstrate their business is active and compliant with federal and provincial laws. This includes proving they have a real need for the foreign worker and are able to pay the wages offered.


  • The employer must fulfill all the specific requirements of the program they are using, whether it's the Temporary Foreign Worker Program (TFWP) or an LMIA-exempt stream under the International Mobility Program (IMP).


  • A formal, written job offer is mandatory. This document must clearly outline the job duties, pay, working conditions, and the duration of employment, ensuring full transparency with the prospective worker.

Recruitment Obligations

For TFWP applications, employers must conduct extensive recruitment efforts to prove no qualified Canadian worker is available for the role. This is a crucial and often time-consuming part of the process.

Ongoing Employer Responsibilities

Once the foreign worker is hired, employers have a legal obligation to adhere to all terms of the employment contract and program rules. Violations can lead to severe penalties, including fines and bans on future hires.

Complex Application Nuances

The specific requirements, documentation, and processing times can vary significantly depending on the job, the worker's nationality, and the specific program. It's essential to understand these nuances to avoid delays or refusal.

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Get the help you need to succeed.

End-to-end management

Our team handles the entire process, including talent sourcing, screening, and all immigration applications, ensuring a seamless experience for you and your new employee.

Strategic assessment

  • We collaborate with you to analyze your workforce needs and identify the most suitable immigration pathway, from LMIA-based options to various LMIA exemptions.

    • Post-arrival support

    We ensure your new hires are set up for success by providing them with cultural coaching and resources to help them integrate into their new workplace and community.

    Ongoing compliance

    We provide advice on your responsibilities as an employer, helping you stay compliant with all government regulations and avoid potential issues down the line.

    TFWP vs. IMP

    Understanding the difference between the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) is crucial for Canadian employers. The TFWP is designed to fill temporary labour shortages and requires a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).


    The LMIA process is rigorous, involving a mandatory recruitment campaign to prove that no Canadian worker can do the job. In contrast, the IMP serves Canada's broader economic and cultural interests and allows employers to hire foreign workers without an LMIA, often due to international agreements or for positions that provide a significant benefit to Canada. This distinction means that for some roles, hiring a foreign worker can be a much faster and simpler process.

    Skilled foreign worker in Canada working as a cook; TFWP and IMP comparison.
    Healthcare professional, a TFWP participant, consulting with a client in a clinic.

    Common Mistakes and Their Impact

    A significant number of LMIA applications are refused due to common, avoidable mistakes. One of the most frequent is a failure to meet the minimum advertising requirements, such as not posting the job on the correct platforms or for the required duration. Another major pitfall is providing an inadequate job description that doesn't align with the National Occupational Classification (NOC) code or offering wages that are below the prevailing rate. These errors can lead to a direct refusal without a chance to correct the application. Furthermore, a negative LMIA decision can delay a company's hiring plans significantly and may impact their ability to apply again in the future. Accuracy and attention to detail are paramount.

    What is the National Occupational Classification (NOC)?

    The National Occupational Classification (NOC) is the official system used by the Canadian government to classify jobs based on their duties and the type of work performed. Finding your correct NOC code is the first crucial step in the FSWP process. It determines whether your work experience is considered "skilled" and therefore eligible for Express Entry.


    To find your NOC, you should not rely on your job title alone. Instead, use the official NOC website and search for your occupation. Read the "Main Duties" section of the job descriptions to find the one that best matches your responsibilities. This ensures you select the correct code, which is essential for the accuracy of your Express Entry profile.

    Find your NOC

    Use the official Government of Canada tool to access the complete list of occupations and find the code that matches your work experience.

    LMIA-Exempt Work Permits

    The LMIA process is often the first step in hiring a foreign worker. However, for certain positions, a work permit can be obtained without an LMIA, offering a different and often faster path.

    Foreign worker and partner looking at computer; LMIA exempt work permit options for Canada.

    Frequently Asked Questions

    High-wage positions require transition plans showing how the employer will reduce reliance on foreign workers over time. Low-wage positions face stricter caps and housing requirements. Each stream has different compliance expectations.

    No. Each position is employer- and role-specific. Any change requires new authorization.

    Inspections can occur during or after employment and up to several years later. Records must be retained long after the worker leaves.

    Penalties range from warnings and fines to multi-year bans and public listing. Even administrative errors can result in sanctions.

    Yes. Many TFWP workers transition to PR through CEC or PNPs, particularly in high-wage or skilled roles.

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