FAQs: Temporary Foreign Worker

Posted in Labour Market Impact Assessment LMIA

TFWs will provide a valuable service to Canadian employers and the business community as a whole by helping to facilitate the entry of temporary foreign workers into Canada. The units will offer guidance to employers and human resources service providers seeking to employ foreign workers who are exempted from the labour market confirmation process. The labour market confirmation process ensures that temporary foreign workers have a positive impact on the Canadian labour market and that they are not competing with Canadians for the same jobs.

TFWs will also provide advice on work permit exemption. The units will prescreen supporting documents from employers to streamline the application process of such workers and provide an opinion for the use of officers at the port of entry. In addition, staff at the units will prescreen some documents submitted by foreign workers, such as academic or professional qualifications. These units will provide a valuable service by facilitating individual cases and liaising with Canadian employers.

What is the confirmation-exempt category? What types of temporary foreign workers are exempted from confirmations or work permits?

Workers in the confirmation-exempt category are not required to obtain a Labour Market Opinion from Service Canada. A Labour Market Opinion ensures that temporary foreign workers have a positive impact on the Canadian labour market and that they are not competing with Canadians for the same jobs.

Foreign workers who enter Canada under international labour mobility agreements (e.g., the North American Free Trade Agreement) and provincial agreements may be confirmation exempt. This includes such professionals as accountants, engineers, architects, dentists and geologists, to name a few. In-house company transferees, specialized knowledge workers, senior managers and professors participating in academic exchanges may also be confirmation-exempt. Foreign workers who are part of reciprocal employment arrangements and those who intend to perform work that would be of significant benefit to Canada may also fall under the exempt category.

The following are examples of professionals who may be work permit-exempt: diplomats, performing artists, guest speakers and certain religious leaders.

Will units will make the process faster and more efficient? If so, how?

The units will make the entry process smoother and more efficient for confirmation-exempt temporary foreign workers by providing employers with accurate and up-to-date information. They will prescreen supporting material, such as academic or professional qualifications, and ensure that workers have the necessary documents on arrival so that Canada Border Services Agency (CBSA) officers can quickly issue work permits to qualified applicants. TFWs will also be able to advise visa offices overseas on whether or not a Labour Market Opinion exemption applies to certain cases. The units will focus on facilitating entry and reducing processing times when reviewing employer requests and when foreign workers arrive at the port of entry. CBSA officers will use valuable input from the units in making their final decision.

Tags: Work Permit Canadian Temporary Residence Canadian Immigration Labour Market Opinion LMO

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