Employers

TEMPORARY FOREIGN WORKER PROGRAM – QUEBEC

The temporary foreign worker program (TFW) is intended to be used by Canadian employers who face short-term skill and labor shortages, and when Canadians and permanent residents are not available.

Employers must meet specific requirements for hiring foreign workers and must meet the conditions set out in the Immigration and Refugee Protection Regulations (IRPR). Employers who hire foreign workers must be made aware of their responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA) and the IRPR.

To hire a temporary foreign worker, the employer may need to submit a Labor Market Impact Assessment (LMIA) to determine if hiring a temporary foreign worker will have a positive or negative impact on the Canadian labor market. In addition, as part of the assessment, employers must provide documentation to demonstrate that their businesses and job offer are legitimate.

The Temporary Foreign Worker Program is composed of streams (application categories) that adjust to the characteristics of the job offered and the profile of the hiring candidate. Depending on the stream that applies, the requirements and process for obtaining the LMIA could be simplified and accelerated.

SOME STREAMS OF THE TEMPORARY FOREIGN WORKER PROGRAM

Global Talent Stream – Category B

  • This stream is intended for employers who want to hire highly skilled foreign workers in positions related to information and communications technologies.
  • This stream was launched on June 12th, 2017, and it is a two-year pilot project under the Temporary Foreign Worker Program.
  • To qualify for this stream, the occupation must be on the Liste des professions exigeant des talents mondiaux (Volet des talents mondiaux – Catégorie B). In addition, the salary offered to the temporary foreign worker must correspond to at least the median hourly wage indicated on the list for the corresponding position. Please consult the following web link for the list of eligible professions (please note that this list if only available in French): https://www.immigration-quebec.gouv.qc.ca/publications/fr/divers/SalaireProCategorieB.pdf
  • The employer must submit their application for a LMIA simultaneously to the ESDC office and the MIDI, as well as the application for the temporary foreign worker’s CAQ.
  • The targeted processing delay for ESDC and MIDI is 10 business days (80% of requests). However, the current processing time may be longer.
  • The employer does not have to demonstrate previous recruitment efforts.
  • The employer must receive the positive LMIA results and the CAQ for the temporary foreign worker, so he/she can apply to obtain a work permit from Immigration, Refugees and Citizenship Canada (IRCC).

Facilitated Labour Market Impact Assessment process for Quebec employers

  • This stream is intended for employers who wish to hire highly skilled foreign workers to occupy positions in certain occupations classified in the National Occupational Classification (NOC) in types 0 (management), A (professional) and B (technical).
  • To qualify for this stream, the occupation must be on the Liste des professions admissibles au traitement simplifié, updated by the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) every year. In addition, the salary offered to the temporary foreign worker must correspond to at least the salary of a Québec worker in the same job category and for the same level of experience. Please consult the following web link for the list of eligible professions (please note that this list is only available in French): https://www.immigration-quebec.gouv.qc.ca/fr/employeurs/embaucher-temporaire/recrutement-haut-salaire/liste-professions/index.html
  • The employer must submit their application for a LMIA simultaneously to Employment and Social Development Canada (ESDC) and MIDI (the employer does not need to demonstrate its recruitment efforts at preliminary), as well as an application for a Certificat d’Acceptation du Québec (CAQ) for the temporary foreign worker
  • The targeted processing delay is estimated at four months. However, the current processing delay may be longer.
  • The employer must receive the positive LMIA results and the CAQ for the temporary foreign worker, so he/she can apply to obtain a work permit from IRCC.

High-wage positions

  • This stream is for employers who want to hire foreign workers to fill positions in certain occupations. To qualify for this stream, the salary offered must be equal to or greater than the median hourly wage offered in the province. In addition, the salary offered to the temporary foreign worker must correspond to at least the salary of a Québec worker in the same job category and for the same level of experience.
  • The employer must submit their application for a LMIA simultaneously to the ESDC office and MIDI, as well as the application for a CAQ for the temporary foreign worker.
  • The LMIA application may be submitted up to six months before the scheduled start date of the position. The estimated processing delay is four months. However, the current processing delay may be longer.
  • The employer must demonstrate that they attempted to recruit Canadian and permanent resident candidates (previous recruitment efforts) in the three months preceding the submission of the LMIA application and for a minimum of four consecutive weeks in the three months preceding the submission of the application.
  • The employer must receive the positive LMIA results and the CAQ for the temporary foreign worker, so he/she can apply to obtain a work permit from IRCC.

Low-wage positions

  • This stream is intended for employers facing a shortage of skilled labor and short-term skills, and only when no Canadian or permanent resident is available. To qualify for this component, the salary offered must be less than the median hourly wage offered in the province. In addition, the salary offered to the temporary foreign worker must correspond to at least the salary of a Québec worker in the same job category and for the same level of experience.
  • The employer must respect the proportion limit of temporary foreign workers who can be hired in low-wage positions in a given workplace.
  • The employer must submit an application for an LMIA to the ESDC office and obtain the positive LMIA results before submitting the application to the MIDI, as well as the application for a CAQ for the temporary foreign worker.
  • The LMIA application may be submitted up to six months before the scheduled start date of the position. The estimated processing time is four months. However, the current processing time may be longer.
  • The employer must demonstrate that they attempted to recruit Canadian and permanent resident candidates (previous recruitment efforts) in the three months preceding the submission of the LMIA application and for a minimum of four consecutive weeks in the three months preceding the submission of the application.
  • The employer must receive the positive LMIA results and the CAQ for the temporary foreign worker, so he/she can apply to obtain a work permit from IRCC.
  • The employer must pay for the transportation costs of temporary foreign worker to arrive at the place of work in Canada (at the beginning of the work period) and to return to his/her country of residence (at the end of the period of work).
  • The employer must provide or ensure that adequate and affordable housing is available for the temporary foreign worker.
  • The employer must provide the temporary foreign worker with free health coverage equivalent to that of the Régie de l’assurance maladie du Quebec (RAMQ) until he/she becomes eligible for RAMQ benefits.

Government application fees – all streams

  • LMIA processing fees – ESDC: $1000 CAD – paid by the employer
  • MIDI fees – paid by the employer
    • Processing of employment offer: $199 CAD
    • CAQ processing fee: $199 CAD
  • IRCC fees
    • Work permit processing fees: $155 CAD
    • Biometrics: $85 CAD

For more information about the Temporary Foreign Worker Program, its streams and procedures, and our representation, please contact us directly. It will be our pleasure to assist you!

TEMPORARY FOREIGN WORKER PROGRAM

The temporary foreign worker program (TFW) is intended to be used by Canadian employers who face short-term skill and labor shortages, and when Canadians and permanent residents are not available.

Employers must meet specific requirements for hiring foreign workers and must meet the conditions set out in the Immigration and Refugee Protection Regulations (IRPR). Employers who hire foreign workers must be made aware of their responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA) and the IRPR.

To hire a temporary foreign worker, the employer may need to submit a Labor Market Impact Assessment (LMIA) to determine if hiring a temporary foreign worker will have a positive or negative impact on the Canadian labor market. In addition, as part of the assessment, employers must provide documentation to demonstrate that their businesses and job offer are legitimate.

The Temporary Foreign Worker Program is composed of streams (application categories) that adjust to the characteristics of the job offered and the profile of the hiring candidate. Depending on the stream that applies, the requirements and process for obtaining the LMIA could be simplified and accelerated.

SOME STREAMS OF THE TEMPORARY FOREIGN WORKER PROGRAM

Global Talent Stream – Category B

  • This stream is intended for employers who want to hire highly skilled foreign workers in positions related to information and communications technologies.
  • This stream was launched on June 12th, 2017, and it is a two-year pilot project under the Temporary Foreign Worker Program.
  • To qualify for this stream, the occupation must be on the Global Talent Occupations List for Category B of the Global Talent Stream. In addition, the salary offered to the temporary foreign worker must correspond to at least the median hourly wage indicated on the list for the corresponding position. Please consult the following web link for the list of eligible professions (please note that this list if only available in English and French): https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html#h15
  • The targeted processing delay for ESDC and MIDI is 10 business days (80% of requests). However, the current processing time may be longer.
  • The employer does not have to demonstrate previous recruitment efforts.
  • The employer must receive the positive LMIA results for the temporary foreign worker, so he/she can apply to obtain a work permit from Immigration, Refugees and Citizenship Canada (IRCC).

High-wage positions

  • This stream is for employers who want to hire foreign workers to fill positions in certain occupations. To qualify for this stream, the salary offered must be equal to or greater than the median hourly wage offered in the corresponding province or territory. In addition, the salary offered to the temporary foreign worker must correspond to at least the salary of a worker within the corresponding province or territory in the same job category and for the same level of experience. Please consult the following link for details about the median wage offered in each province and territory: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage.html
  • The LMIA application may be submitted up to six months before the scheduled start date of the position. The estimated processing delay is four months. However, the current processing delay may be longer.
  • The employer must demonstrate that they attempted to recruit Canadian and permanent resident candidates (previous recruitment efforts) in the three months preceding the submission of the LMIA application and for a minimum of four consecutive weeks in the three months preceding the submission of the application.
  • The employer must receive the positive LMIA results before the temporary foreign worker can apply to obtain a work permit from IRCC.

Low-wage positions

  • This stream is intended for employers facing a shortage of skilled labor and short-term skills, and only when no Canadian or permanent resident is available. To qualify for this component, the salary offered must be less than the median hourly wage offered in the corresponding province or territory. In addition, the salary offered to the temporary foreign worker must correspond to at least the salary of a worker within the corresponding province or territory in the same job category and for the same level of experience. Please consult the following link for details about the median wage offered in each province and territory: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage.html
  • The employer must respect the proportion limit of temporary foreign workers who can be hired in low-wage positions in a given workplace.
  • The LMIA application may be submitted up to six months before the scheduled start date of the position. The estimated processing time is four months. However, the current processing time may be longer.
  • The employer must demonstrate that they attempted to recruit Canadian and permanent resident candidates (previous recruitment efforts) in the three months preceding the submission of the LMIA application and for a minimum of four consecutive weeks in the three months preceding the submission of the application.
  • The employer must receive the positive LMIA results before the temporary foreign worker can apply to obtain a work permit from IRCC.
  • The employer must pay for the transportation costs of temporary foreign worker to arrive at the place of work in Canada (at the beginning of the work period) and to return to his/her country of residence (at the end of the period of work).
  • The employer must provide or ensure that adequate and affordable housing is available for the temporary foreign worker.
  • The employer must ensure that the temporary foreign worker is covered by a private, provincial or territorial health insurance from the day of arrival to Canada. If the provincial or territorial insurance is not available, the employer must cover the expenses of an equivalent private health insurance until the worker is eligible for the provincial / territorial plan.

Government application fees – all streams

  • LMIA processing fees – ESDC: $1000 CAD – paid by the employer
  • IRCC fees
    • Work permit processing fees: $155 CAD
    • Biometrics: $85 CAD

For more information about the Temporary Foreign Worker Program, its streams and procedures, and our representation, please contact us directly. It will be our pleasure to assist you!

INTERNATIONAL MOBILITY PROGRAM

The International Mobility Program (IMP) lets employers hire temporary workers without a Labour Market Impact Assessment (LMIA). Exemptions from the LMIA process are based on broader economic, cultural or other competitive advantages for Canada; and reciprocal benefits enjoyed by Canadians and permanent residents.

Offers of employment made through this program must correspond to one of the LMIA exemption codes provided by Immigration, Refugee and Citizenship Canada (IRCC). Examples of these exemptions include individuals seeking entry to Canada as part of international and trade agreements (such as the United States-Mexico-Canada Agreement – UMSCA), international graduates from a Canadian designated learning institution, and individuals seeking entry to Canada as intra-company transferees. Please visit the following page for the list of exemption codes: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

Employers must meet specific requirements for hiring foreign workers and must meet the conditions of the International Mobility Program and in the Immigration and Refugee Protection Regulations (IRPR). Employers who hire foreign workers must be made aware of their responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA) and the IRPR.

In most cases, an offer of employment must be submitted for any temporary worker coming to Canada to work for a specific employer who does not need a LMIA. The employer must present their offer of employment containing the company and employment details to IRCC for approval via the Employer Portal and pay the Employer Compliance fee.

There are some employers who don’t need to use the Employer Portal or are exempt from the employer compliance fee. Please visit the following link for details: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-foreign-worker/temporary/find-need-labour-market-impact-assessment/employer-compliance-exemptions.html

Once the offer is successfully submitted in the Employer Portal, an offer of employment number will be issued. The temporary foreign worker must include the offer of employment number in their work permit application.

Please note that there is no processing delay provided for the approval of the offer of employment. However, as the offer of employment number is issued upon the successful submission of the employment offer, the temporary foreign worker can apply for a work permit as soon as the offer of employment number is issued.

Government application fees

  • Employer compliance fees – ESDC: $230 CAD – paid by the employer
  • IRCC fees
    • Work permit processing fees: $155 CAD
    • Biometrics: $85 CAD

For more information about the International Mobility Program, its exemption categories and procedures, and our representation, please contact us directly. It will be our pleasure to assist you!