Hundreds of thousands of temporary foreign workers are hired by Canadian firms each year through more than 100 distinct work permit paths. With the exception of 2020, these figures have been steadily increasing since 2015 and show no indications of slowing down.
Canadian employers who want to recruit temporary foreign workers
To address skill and workforce shortages, Canadian employers bring in over 90,000 temporary foreign employees each year.
Canada has a large number of job openings and a low unemployment rate, implying that there are more job openings than competent employees to fill them.
According to Statistics Canada, employers were looking to fill an average of 5.2 vacancies per 100 employees in December, up from 3 in the fourth quarter of 2019. This rise in job openings coincided with a drop in Canada’s unemployment rate, which fell to 5.4 percent in December 2021, its lowest level since December 2019, when it was 5.2 percent.
To summarize, there are industries with a large number of job openings and insufficient workers in Canada to fill them. Recruiting temporary foreign workers is one method through which Canadian firms might fill open jobs in their organizations.
To work legally in Canada, temporary foreign workers require a work permit. In some situations, in order to engage a foreign worker, the employer must do a Labour Market Impact Assessment (LMIA), often known as a labor market test. Although, in any given year, the majority of work permits issued are LMIA-exempt.
In the process of employing temporary foreign workers, the federal agencies of Citizenship and Immigration Canada (CIC) and Employment and Social Development Canada (ESDC) play a significant role. They will examine if hiring a worker contributes to Canada’s economic growth and whether the individual is eligible for a work permit.
When recruiting temporary foreign workers, there are usually four processes required. These will differ depending on the employment offer, as well as the worker’s citizenship and previous permanent residence.
STEP 1: THE EMPLOYER DETERMINES IF A POSITIVE LABOUR MARKET IMPACT ASSESSMENT (LMIA) FROM EMPLOYMENT AND SOCIAL DEVELOPMENT CANADA (ESCD) IS REQUIRED.
A LMIA is Service Canada’s affirmation that the temporary foreign worker is needed in the province and that the employment offer will have a favorable or unfavorable effect on the Canadian labor market.
In most cases, LMIAs are necessary. But other occupations are exempt due to unique pilot programs or existing international accords, such the North American Free Trade Agreement (NAFTA).
When hiring a temporary foreign worker does not have a detrimental impact on the Canadian labor market, this is seen favorably.
STEP 2: THE EMPLOYER APPLIES FOR A LMIA FROM ESDC (IF NOT REQUIRED GO TO STEP 3)
When making its choice, ESDC will take into account if:
- The business made reasonable efforts to hire or train Canadians for the position (the firm will likely need to give evidence of recruitment efforts);
- The salaries and working conditions are equivalent to those provided to Canadians working in the occupation;
- The temporary foreign worker is filling a labor shortage;
- Their employment will directly lead to the creation of new job opportunities or aid in the preservation of existing ones for Canadians;
- They will impart their knowledge and skills to Canadians;
- And hiring of the temporary foreign worker won’t have any bearing on any ongoing labor disputes or the employment of any Canadians who are parties to them.
STEP 3: THE EMPLOYER SELECTS AND HIRES A TEMPORARY FOREIGN WORKER
It is the employer’s responsibility to find, screen, and hire a qualified foreign worker who can perform the position’s requirements. A job offer from the company must adhere to current employment laws and wage rates.
The company sends a copy of the LMIA and a letter of employment to the worker so that he or she may apply for a work permit when ESDC issues a positive LMIA and authorizes the job offer.
STEP 4: THE WORKER APPLIES TO THE FEDERAL GOVERNMENT – CITIZENSHIP AND IMMIGRATION CANADA – FOR A WORK PERMIT
To work legally in Canada, the temporary foreign worker might need a work permit. Usually, the work permit is unique to the employer making the job offer and the position.
Most often, a worker must submit an application for a work permit at a visa office in their nation of citizenship or place of legal residence while traveling outside of Canada. If they have the required paperwork, some employees, such as those from the US or Europe, can apply for the work permit at a Canadian port of entry.
A temporary resident visa may be necessary in addition to a work permit, depending on current citizenship or location of residence. If so, a visa officer will deal with your request for a temporary residence visa concurrently. No additional application is required. countries and territories where entry to Canada requires a temporary residence visa.
Before receiving a work visa, individuals from particular nations or those engaged in particular professions (such as teaching, healthcare, dealing with food or children) might also need to undergo a medical examination.
Here’s the Good news; after you’ve exhausted your temporary contract job with the company you worked for, you might be willing to extend your work permit and finally become a permanent residence of Canada to enjoy all benefits an indigenous citizen would do.
NOTE: The rights and obligations of temporary foreign workers are the same as those of any other Canadian citizen. The employer is responsible for making sure the employee obtains the appropriate orientation and training.
Know the laws and rules in Canada that cover employment rights and health and safety.
