Canadian employers: Foreign Workers

Hiring foreign workers

There are two types of work programs for foreign workers in Canada – Temporary Foreign Worker Program and International Mobility Program. Both programs are designed by the Canadian government to deliver economic benefits to Canada and Canadian employers while protecting the Canadian labour market.

These foreign worker programs are very detailed, complex and are constantly being adjusted by the government of Canada. Please contact us for a consultation in order to properly assess your qualifications to hire a foreign worker and to find out if you need to submit an application for a Labour Market Impact Assessment.

Temporary Foreign Worker Program (TFWP):

TFWP allows Canadian employers to hire foreign nationals to fill temporary labour and skill shortages when qualified Canadian citizens or permanent residents are not available. Canadian employers have to apply for a positive Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada (ESDC), prior to hiring a foreign worker, following an unsuccessful recruitment effort from the Canadian labour market. The LMIA application process is complex and the rate of refusal can be high, depending on various factors, such is levels of provincial unemployment. If you are a foreign worker looking to work in Canada or a Canadian employer who is planning to hire a foreign worker, please contact us for a consultation.

International Mobility Program (IMP):

IMP lets Canadian employers hire temporary workers without first obtaining a positive LMIA. Exemptions from the LMIA process are based on both of the following:

- the broader economic, cultural or other competitive advantages for Canada
- the reciprocal benefits enjoyed by Canadians and permanent residents

Foreign Workers and Canadian Employers can qualify for an exemption from the requirements of an LMIA in the following categories:

International agreements

Working coming under various free trade agreements (FTA) including:
- Canada–United States–Mexico Agreement (CUSMA) – formally North American Free Trade Agreement (NAFTA)
- Canada-Chile FTA
- Canada-Peru FTA
- Canada-Colombia FTA
- Canada-Korea FTA
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- General Agreement on Trade in Services (GATS) – countries of WTO
- Canada–Panama Free Trade Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Canadian interests

Significant (cultural and/or economic) benefit to Canada
Entrepreneurs seeking to operate a business in Canada
Intracompany-company transferees
Emergency repair or repair personnel for out-of-warranty equipment
Television and film production workers
Francophone mobility
Live-in caregivers whose permanent residence application is submitted
Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)
Caregivers under the HCCPP or HSWP
Reciprocal employment (including Working Holiday Visa and other Youth Exchange Program)
Research
Post-doctoral Ph.D. fellows and award recipients
Medical residents and fellows
Religious and Charitable Work
Vulnerable workers and their family members