Occupational Health and Safety Tribunal Canada
COVID-19
Due to the coronavirus disease (COVID-19) outbreak, there are changes to this program.
Please read our latest notices:
Note:
As of April 1, 2021, the Temporary Foreign Worker Program (TFWP) will remove special processing instructions for the “owner/operator” category.
These changes are part of regular policy reviews to ensure that the TFWP
- continues to work within its intended purpose, and
- is only used by employers to fill a position when qualified Canadians or Permanent Residents are not available.
These applications will be assessed using the normal process.
1. Overview
The Government of Canada believes that foreign workers can help employers meet their labour needs when Canadians and permanent residents are not available. As part of this process the government supports higher-skilled foreign workers based on their potential to become economically established in Canada and to assist employers to meet their skilled labour shortages.
Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Immigration, Refugees and Citizenship Canada (IRCC) Express Entry system. The job offer must meet the criteria of 1 of the listed economic immigration programs. These programs include:
Federal Skilled Worker Program (FSWP)
The employer must be offering a job for:
- a higher-skilled position such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B),
- full-time hours (a minimum of 30 hours of work per week),
- at least one year, and
- a non-seasonal position.
Federal Skilled Trades Program (FSTP)
The employer must be offering a job for:
- an eligible skilled trade or technical occupation (NOC skill level B),
- full-time hours (a minimum of 30 hours of work per week), and
- at least one year.
Note: Under the FSTP, the employment offer can be made by up to two employers.
Canadian Experience Class (CEC)
The employer must be offering a job for:
- a higher-skilled position such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B),
- full-time hours (a minimum of 30 hours of work per week),
- at least one year, and
- a non-seasonal position.
Note: Under the CEC, the foreign worker must have at least 12 months of full-time (or an equivalent amount in part-time) skilled work experience in Canada within the 36 months prior to applying for permanent residence. Visit IRCC's website, for more information on the requirements for the CEC.
Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:
- an embassy,
- a high commission or consulate in Canada,
- on the list of ineligible employers maintained by IRCC,
- new and have not been in business for a minimum of one year, or
- hiring workers who intend to reside in the province of Quebec.
For information on the Quebec Skilled Worker Program, consult the ministère de l’Immigration, Francisation et Intégration Québec (MIFI) (available in French only).
Employers who wish to hire skilled foreign workers through one of these immigration programs may also want to hire these workers temporarily while their application for permanent residence is being processed by IRCC. As a result, employers can apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign national's application to IRCC for a:
- permanent resident visa, and
- temporary work permit.
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