Temporary Foreign Workers Program Updates
The Federal government has recently updated and added to the available Labour Market Impact Assessment (“LMIA”) streams.
As well as the high-wage and low-wage categories available, Employment and Social Development Canada (“ESDC”) added a new category in June 2017, the Global Talent Stream (“GTS”). This program allows employers to hire top tier talent in a short period of time, with “responsive and predictable client-focused service” from ESDC throughout the process. Employers may use either Category A – designed for innovative companies in Canada who are referred to ESDC by a designated referral partner, or Category B, employers who need to fill roles pre-determined to be in-demand and highly skilled, and on the Global Talent Occupation List.
Advertising is exempt under the GTS and rather than a Transition Plan, employers must file a Labour Market Benefit Plan (“LMBP”), which is negotiated and approved by ESDC. Approved LMBP’s may be used for subsequent applications: there is no requirement for a new LMBP with each application. The LMBP is reviewed by ESDC approximately every six months and ESDC may require additional or new ‘benefits’ at that time. Processing of a GTS LMIA is typically complete in 2-3 weeks. Once the LMIA is issued, applicants who choose or are required to apply for their work permit from abroad are then eligible for 2-3 week processing of their work permits under the Global Skills Strategy.
To learn more about the program, please check out the following useful links:
Advertising requirements for high-wage and low-wage LMIA applications were also updated in late summer 2017. Employers are now required to advertise on the Federal Job Bank (among other locations), even if their province has a dedicated provincial job bank, such as WorkBC. While advertising on the Job Bank, employers must use the Job Match system, whereby potential applicants are matched with the advertised job. Employers must then ‘invite to apply’ any potential applicants who are matched within the first 30 days of the advertisement being posted, if the potential applicant has the correct number of ‘stars’ depending on whether the job is high-wage or low-wage.
By Katie Van Nostrand, an immigration lawyer with Mathews Dinsdale & Clark LLP. The information provided in this article is necessarily of a general nature and must not be regarded as legal advice. For more information about Mathews Dinsdale & Clark LLP, please visit mathewsdinsdale.com.
If you have questions about the temporary foreign worker program, please contact us via the online form.
Please note: go2HR is not a registered immigration or recruitment agency, and as such its advice is free-of-charge and only informational in nature. go2HR will not be able to provide legal advice on immigration.