Hire a Temporary Foreign Worker Through the Global Talent Stream

What is the Global Talent Stream?

The Global Talent Stream is a fairly new program, which began in 2017 as a pilot project to test new ways to help Canadian businesses grow and innovate to the best of their abilities. Recognizing the need for highly skilled workers in certain positions, in combination with a low availability of Canadian workers who are trained and capable of doing the job, the Canadian government launched the Global Talent Stream for Temporary Foreign Workers Program. This program boasts low processing times for applications, one of the largest of many benefits of this program. So, if you are an employer looking to fill a position which requires advanced knowledge and special skills, you may be eligible to apply to hire a temporary foreign worker through the global talent stream. Keep reading to learn more!

What Do Employers Need to Know About Hiring a Foreign Worker Through GTS?

There are a variety of requirement an employer must comply with to be eligible to hire a temporary foreign worker through the global talent stream. To give a brief overview of what the Global Talent Stream requires, there are special requirements for both Category A and B of the global talent stream. Both the position you are hiring for, and the individual you wish to hire must meet all the conditions under either Category A or B, to enter the application process successfully. Then, the employer must show in their application for an Labor Market Impact Assessment (LMIA) and request to hire through the global talent stream that the business and job offer must be legitimate, so that the individual they wish to hire can then apply for a work permit through the global talent stream, and enter as a temporary foreign worker. The employers application for an LMIA and request to hire through the GTS will include a variety of other necessary supporting documents, these include:

The requirements of an employer who wishes to hire a temporary foreign worker are listed below. These must be included in the application for an LMIA and supporting documents to successfully request permission to hire a temporary foreign worker under the global talent stream.

1. Complete and receive a positive Labor Market Impact Assessment, indicating there is no Canadian worker available to fill the position,
2. Include all required details of your business and job offer as they apply to you in applying for either Category A or Category B of the GTS
3. Work with Employment and Social Development Canada (ESDC) to develop a Labour Market Benefits Plan that demonstrates your commitment to activities that will have lasting, positive impacts on the Canadian labour market. Please note this leads into another requirement of employers to ensure they do not lose their status as an eligible employer, is to participate in progress reviews roughly every 6 months to ensure adherence to the Labor Market Benefits Plan they developed. Failure to comply will result in becoming ineligible for the Global Talent Stream
4. Agree to pay wages which are similar to the wage a Canadian permanent resident or citizen would be paid under the same circumstances. There are some specific requirements and you must pay the highest applicable wage:

• For a unique and specialized position requested under Category A, an annual salary of at least $80,000, or an annual salary equivalent to starting salary of that position
• For a highly-skilled position requested under Category B, the applicable minimum wage for the occupation, as identified in the Global Talent Occupations List;
• the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience; or
• the median wage posted on Job Bank

Eligibility Requirements for Category A of the Global Talent Stream

There are two sub-categories in the global talent stream; category A and category B. To be eligible for category A, the employer seeking to hire a temporary foreign worker, must be referred by a “designated referral partner,” (a fancy term for designated agency) on the basis they are an innovative company which requires unique and special talent to have success in their work and see growth in the company. To be eligible for category A, designated agencies will consider companies adherence to the following conditions:

1. they are operating in Canada,
2. they have a focus on innovation,
3. they are willing and capable to grow,
4. they need to fill and unique and specialized position,
5. they have identified a foreign worker who would fulfill their need to fill a unique and specialized.

A unique and specialized position is indicated by:

1. it is a highly paid position with an annual salary of at least $80,000, or an annual salary equivalent to the prevailing wage for that occupation if it is higher than $80,000; and,
2. the individual must require advanced knowledge of the industry; and,
3. the individual must have an advanced degree in an area of specialization of interest to the employer; and/or,
4. the individual must have a minimum of 5 years of experience in the field of specialized experience.

Eligibility Requirements for Category B of the Global Talent Stream

The second sub-category of the Global Talent Stream is the category B GTS. To be eligible to hire someone under Category B of the Global Talent Stream, as an employer you must be seeking to hire a highly skilled worker for an occupation listed on Employment and Social Development Canada’s (ESDC) Global Talent Occupations list. These occupations have been determined to be in-demand and having an insufficient number of workers available in Canada. These occupations are included in the table below.

List of Designated High Skilled Occupations and Special Requirements Which Apply

 

0213	Computer and information systems managers	Must comply with general wage requirements (see below)
2147	Computer engineers (except software engineers and designers)	Must comply with general wage requirements (see below)
2171	Information systems analysts and consultants	Must comply with general wage requirements (see below)
2172	Database analysts and data administrators	Must comply with general wage requirements (see below)
2173	Software engineers and designers	Must comply with general wage requirements (see below)
2174	Computer programmers and interactive media developers	Must comply with general wage requirements (see below)
2175	Web designers and developers	Must comply with general wage requirements (see below)
2241	Electrical and electronics engineering technologists and technicians	$81’000 or if higher, must comply with general wage requirements
2283	Information systems testing technicians	$78’000 or if higher, must comply with general wage requirements
5131 (subset due to additional restrictions)	Producer, technical, creative and artistic director and project manager – Visual effects and video game the position requires a minimum of five years of experience in the visual effects, video game or animation industries in one or a combination of the following roles: producer, technical director, creative director, artistic director or project manager, with experience in at least one or more of the following skills relevant to the visual effects, video game or animation industries: surfacing and look development; character or simulation rigging; matte painting; or technical pipeline development and application for visual effects, video games, or animation production.	$75’000 or if higher, must comply with general wage requirements
5241 (subset due to additional restrictions)	Digital media designers the position must require a minimum of five years of experience in at least one of the following digital media design skills: 3D modeling, virtual reality, augmented reality, digital media animation, levels editing for digital media design, software editing for digital media design, pipeline software development or applications relevant for digital media design	$80’000 or if higher, must comply with general wage requirements

Expectations of Employers Who Have Hired a Temporary Foreign Worker Through the Global Talent Stream

Overall, as an employer, to be eligible to hire a temporary foreign worker through to global talent stream, you must comply with the Program requirements for the Global Talent Stream and respect the application process. Then, in addition to this, you must also uphold the conditions and rules set out in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act (IRPA) regarding hiring a temporary foreign worker. These requirements are clearly set out in the temporary foreign worker program under “employer compliance.” Failure to comply with the various requirements set out in IRPA will result in an employer being ineligible to hire a temporary foreign worker. Also, employers are expected to comply with the Labour Market Benefits Plan they developed with ESDC that demonstrates their commitment helping the Canadian economy. ESDC will conduct semi-annual progress reviews roughly every 6 months to ensure adherence to the Labor Market Benefits Plan they developed. Failure to comply will result in the employer becoming ineligible to hire temporary foreign workers under the Global Talent Stream.

Contact Akrami and Associates

It is essential that you have taken all of the aforementioned important information in consideration prior to applying for the Global Talent Stream, to ensure your application is not refused on a technicality. If you are unsure what requirements are needed from you to apply for the GTS, it is always best to research before applying. Applying under the Global Talent Stream can be a very confusing process if done on your own; therefore, it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients apply through the global talent stream and have helped employers successfully hire a temporary foreign worker to fill a highly skilled position in Canada. If you believe that you might be eligible, then please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!