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Temporary Foreign Worker Program: What employers need to know

Oct 4, 2012 | Legally Speaking, Work Permits, Working In Canada

The Temporary Foreign Worker Program (TFWP) enables Canadian employers to hire foreign workers on a temporary basis.  This program is designed to help fill the labour shortages when Canadians and permanent residents are not available. Employers can recruit workers from any country as long as both the employer and the foreign worker meet the program requirements.

Employers must receive approval from the Federal government to employ a foreign worker.  The company must be able to satisfy the Canadian government that they have made reasonable efforts to employ Canadians and/or permanent residents for the position offered.  Employers must also agree to pay the prevailing wage for the position to the foreign worker.  Upon receiving approval, the foreign worker may apply for a work permit.

Foreign workers must meet strict requirements including, proving their past experience, language proficiency, pass a criminal background check, and in some cases a medical examination.  Foreign workers who are approved a work permit must only work for the company that “sponsored” them.  Employers can be sure that if an employee leaves the company or gets laid off, their work permit is no longer valid.  In cases such as this, it is the onus of the foreign worker to secure another job offer, otherwise they must leave Canada. 

Temporary foreign workers employed in one location cannot work in another location without the employer applying for and receiving a new approval, and the worker receiving a new work permit.  If an employer has received an approval in the past, they may be required to demonstrate that they have met the requirements of the program. 

Processing times for the employer/company approval currently take 30-60 days, however, if an employer has been approved in the two (2) years proceeding the most recent application, they may have their applications expedited, in which case an approval can be issued within 10 business days from date of application.

For more detailed information on the Temporary Foreign Worker Program or to speak with an immigration adviser regarding your company needs, call our office today at 1-416-665-3939 or toll-free at 1-888-808-7338.