As a Canadian employer, you must ensure that your employees are legally authorized to work in Canada. Therefore, you must be aware of all immigration options available to you. There are numerous immigration pathways for hiring foreign workers. But the Temporary Foreign Workers Program (TFWP) is one of the leading immigration programs for Canadian employers to hire and retain workers.
If you’re a Canadian employer seeking to engage temporary foreign workers, our team can assist you in providing the best-suited option for retaining and hiring temporary foreign workers. From determining whether your business needs an LMIA to discussing options available to extend their work permits, we are here to help you!
Do I need to submit an offer of employment to hire a temporary foreign worker?
Yes, most Canadian employers willing to hire a temporary foreign worker are required to submit an offer of employment. However, there are certain exceptions to this requirement. To know whether you can benefit from the exceptions, please contact our office.
Do open work permit holders need an offer of employment for being hired under the Temporary Foreign Worker Program (TFWP)?
No, open work permit holders do not need an offer of employment for being hired under the TFWP. An open work permit allows the permit holder to work for any Canadian employer.
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Can I hire a temporary foreign worker for a specific position within my company through the Temporary Foreign Worker Program?
Yes, the Temporary Foreign Worker Program allows Canadian employers to hire foreign workers for specific positions when no suitable Canadian citizens or permanent residents are available. Certain criteria and processes must be followed to obtain a Labour Market Impact Assessment (LMIA) for the position.
Are there any restrictions on the duration of employment for temporary foreign workers?
The duration of employment for temporary foreign workers depends on the specific program under which they are employed. Some programs may have time limitations or require periodic renewals, while others may allow longer-term employment or pathways to permanent residency.
Can a temporary foreign worker change employers while working in Canada?
Temporary foreign workers can change employers in certain situations but must follow the appropriate process. This may involve obtaining a new LMIA or a work permit amendment to reflect the change in employment. It’s essential to comply with the program rules and notify the appropriate authorities.
What steps should I take as an employer to comply with the recruitment requirements under the Temporary Foreign Worker Program?
As an employer, you must demonstrate that you have genuinely tried to hire Canadian citizens or permanent residents before hiring a temporary foreign worker. These efforts may include advertising the job, conducting interviews, and documenting the results. Maintaining records of the recruitment process is important to comply with program requirements.
What happens if a temporary foreign worker's employment is terminated before their work permit expires?
If a temporary foreign worker’s employment is terminated before their work permit expires, they may need to leave Canada unless they find a new employer or qualify for another immigration program. It is important to understand the implications of terminating a worker’s employment and to follow the appropriate procedures according to the program rules and regulations.