How your foreign employees can legally work in Canada

With new policies and immigration updates, navigating the process for legally employing foreign workers in Canada can feel overwhelming. This comprehensive guide breaks down your options as an employer and the pathways available for your employees to work in Canada, especially under recent regulatory changes.

1. Temporary Foreign Worker Program (TFWP)

The TFWP is designed for employers who need to fill positions where qualified Canadian citizens or permanent residents are not available. This program requires a Labour Market Impact Assessment (LMIA) to demonstrate that hiring a foreign worker will not negatively impact the Canadian labor market.

Key Points:

• LMIA Process: Employers must show recruitment efforts for Canadian citizens and permanent residents before hiring foreign workers.
• Categories: High-wage and low-wage streams, as well as sector-specific programs like agriculture and caregiver streams.
• Recent Updates: Stricter LMIA rules now require more robust proof of recruitment efforts, as of late 2024.

2. International Mobility Program (IMP)

The IMP allows employers to hire foreign workers without the need for an LMIA, under conditions that benefit Canada culturally, economically, or socially. Programs under IMP include:

• Intra-Company Transfers: Moving employees within multinational companies to Canadian branches.
• Significant Benefit Work Permits: For roles that provide significant benefits to Canada.
• Recent Trends: Employers should be aware of updated compliance checks to ensure adherence.

3. Global Talent Stream (GTS)

If your business operates in tech or STEM fields, the Global Talent Stream offers a fast-track option for high-skilled foreign workers. Part of the TFWP, this pathway provides expedited processing for in-demand roles.

Advantages:

• Quick Processing: Work permits issued in as little as two weeks.
• Eligibility: For positions requiring specialized skills that support Canadian innovation.

4. Work Permit Extensions and Changes

With Canada’s focus on protecting its labor market, the end of some temporary measures, such as the visitor work permit policy, has shifted the landscape. Your employees may need to apply for new permits outside of Canada if they’re already within the country on a visitor visa.

Important Consideration:

• Compliance: Regular updates in work permit rules make it crucial to stay informed on current laws and changes.

5. Provincial Nominee Programs (PNPs) and Job Offers

Some provinces provide special streams allowing employers to support workers applying for permanent residency. These programs vary in their requirements and timelines but often provide an advantage in securing a more permanent workforce.

Tips for Employers Navigating New Changes

• Be Proactive: Start LMIA processes early and stay updated on recent rules.
• Partner with Experts: Working with an experienced immigration consultant can help navigate complex requirements and ensure compliance.

Plan Ahead: Anticipate potential policy changes and have alternative strategies in place for hiring.

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