Canadian Legal FAQS- Temporary Foreign Workers/Temporary Foreign Workers Program

< Temporary Foreign Workers

1 Information for Employers and Workers
2 Information for Workers
3 Information for Employers
4 See Also

Information for Employers and Workers

What is the Temporary Foreign Worker Program?

The Temporary Foreign Worker Program is a program that allows certain kinds of workers to come to Canada to work for periods of up to 24 months.

Employers interested in hiring temporary foreign workers through this program are required to go through a specific process. Several government departments are involved in that process, including Human Resources and Social Development Canada (HSRDC) [which includes Service Canada (SC)], and Citizenship and Immigration Canada (CIC). For this program, there is a very specific process.

The worker, searches for a job in Alberta.
The worker, finds out if the job requires licensing or certification.
The employer gets approval from the Canadian government to hire the worker (there are several steps in this part of the process, and it can take some time).
The employer sends the worker a copy of the approval form (called a “labour market opinion”) as well as a job offer.
The worker applies for a work permit from the Canadian government.
Once approved, the worker comes to Alberta and starts working for the employer.

What is the role of the Canadian government in the Temporary Foreign Worker Program?

The Temporary Foreign Worker Program involves two departments of the government of Canada.

Human Resources and Social Development Canada (HRSDC) provides labour market opinions and processes the employers’ applications to hire temporary foreign workers.

Citizenship and Immigration Canada (CIC) manages immigration policies and programs. This includes issuing work permits as well as resident permits (temporary or permanent).

Foreign workers must obtain a work permit from CIC before entering Canada to work.

What is the role of the Alberta government in the Temporary Foreign Worker Program?

The Temporary Foreign Worker Program involves two parts of the government of Alberta.

Alberta Employment and Immigration supports and helps educate Alberta employers in hiring temporary foreign workers.

Apprenticeship and Industry Training assesses qualifications of foreign trained workers.

Is the Temporary Foreign Worker Program the fastest way for a worker to start working in Canada?

Not necessarily.

Sometimes, such as with professional workers, the quickest way of coming to Canada may be through international trade agreements (such as the North American Free Trade Agreement). In addition, the government of Canada has introduced a new process to deal with occupations under pressure. For these jobs, the amount of time required to hire foreign workers has been reduced.

Is there any way to speed up the Temporary Foreign Worker Program process?

Yes, in certain circumstances.

Certain temporary foreign worker applicants are now eligible for concurrent processing. This means that their work permit applications can start being processed before a Canadian visa office receives an approved labour market opinion. Concurrent processing applies only to NOC skill level 0, A, or B, and a worker must apply for it at a Canadian visa office outside of Canada.

Concurrent processing does not apply to the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, or the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D), also known as the Low Skill Pilot Project.

For more information, see the National Occupational Classifications and Concurrent Processing links on our page for External Resources.

Does the government have special foreign worker programs for Alberta?

Yes it does, for certain kinds of workers.

In addition to the regular Temporary Foreign Worker program, employers can bring in foreign workers more quickly under the Expedited Labour Market Opinion Pilot Project. However, the ELMO process has, as of 2009, become more difficult.

A Memorandum of Understanding regarding oil sands construction projects in Alberta can also result in faster hire times. For more information, see the Alberta Oil Sands link on our page for External Resources.

Why does it matter what the job’s skill level is?

There are three main reasons why it is important to know the skill level for the job in question.

The “skilled worker” and “semi-skilled” worker classifications have different rules regarding the length of time that workers can stay and how workers can re-apply to work in Canada.
The skill level is important for determining whether workers need an assessment of foreign credentials or need to gain certification.
Different skill levels have different requirements for the employer.

What are these different skill levels?

The government of Canada uses the National Occupational Classification (NOC) system to code and describe the work performed in Canada’s labour market. The system classifies every occupation into a four-digit code according to skill type and skill level

Skill type is based on the type of work performed; skill level is based on the type and/or amount of training or education typically required to work in the occupation.

The NOC defines the skill levels as:

Skilled Workers
- Level 0-management occupations (all management jobs)
- Level A-occupations that usually require university degrees
- Level B-occupations that usually require college diplomas or trade certificates
Semi-skilled Workers
- Level C-occupations that usually require secondary or high school and occupation-specific training, or both
- Level D-occupations that usually do not require higher than high school education (employers provide on-the-job training and/or short work demonstrations)

For more information, see the National Occupational Classifications links on our page of External Resources.

How long can semi-skilled temporary foreign workers work in Canada?

At the moment, a temporary foreign worker in a semi-skilled occupation may work in Canada for 24 months. A current pilot project allows this longer limit. Prior to the pilot, the length of time was 12 months.

Often, however, HRSDC issues LMOs for a one year term. Work permits are then for the same term.

To be eligible for another work permit, workers may be able to renew work permits but workers may also be required to return to their home country before applying again.

Employer must have a valid labour market opinion to hire a foreign worker.

How long can skilled temporary foreign workers work in Canada?

Workers in skilled occupations usually get work permits that are valid for the same length of time as their job offer or LMO— usually one year.

If an employer offers a worker a job extension, the employer must apply for a labour market opinion extension. Then, the worker must apply for a work permit extension by applying to the Canada Immigration Centre in Vegreville, Alberta.

Workers must maintain your legal status in Canada by applying for a work permit extension before their initial work permits expires.

What exactly is a labour market opinion?

A labour market opinion (LMO) is an official document issued by the government of Canada. It ensures that the job offer is genuine and that the wages and working conditions are consistent with those of Canadians.

Unless the work category is exempt, your employer will need an LMO before he or she can make you a job offer. When you get a job offer from a Canadian employer applying under the Temporary Foreign Worker Program, your package must include either:

an LMO;OR
a letter from the Canadian government stating that an LMO is not necessary.

For more information, you can call Citizenship and Immigration Canada at 1-888-242-2100.

Do all foreign workers need a labour market opinion?

No. Certain occupations may not require a labour market opinion (LMO).

For more information, visit the Work Permits links on our page of External Resources, or contact Citizenship and Immigration Canada at 1-888-242-2100.

If an employer does not need a labour market opinion (LMO), does the worker still need a work permit?

Yes.

Whether or not the job needs an LMO, the rules regarding work permits still apply.

In general, temporary foreign workers must obtain a work permit before starting work in Canada. Some can apply for this permit upon arrival in Canada; some (depending on the country of origin and/or the job) may have to obtain a work permit from outside of Canada.

Some temporary foreign workers may also require medical examinations.

Workers may not need a work permit if they fall into certain categories. For more information, visit the Work Permits links on our page of External Resources,

When and how can a temporary foreign worker apply for a work permit?

A foreign worker can apply for a work permit after she or he receives a copy of the LMO and accepts and signs an employment contract (semi-skilled worker) or a written job offer (skilled worker).

In general, foreign workers can apply for a work permit at the designated Canadian visa office for their home country. In some cases, a temporary foreign worker may apply for a work permit at a port-of-entry on arrival in Canada. For example, this applies to some professional occupations from countries under the North American Free Trade Agreement.

All the forms and guides needed in order to apply for a work permit are available for free on the CIC website. For more information, see the Forms and Guides links on our page of External Resources.

What else does a foreign worker need to get before coming to Canada?

There are two other requirements for certain temporary foreign workers.

1. Entry Visa

Some temporary foreign workers from certain countries must get an Entry Visa (EV) before arriving in Canada. These visas allow the worker to enter Canada and are generally processed with the application for a work permit. Workers who require an EV cannot apply for a work permit at the Canadian port-of-entry.

2. Medical Examination

Temporary foreign workers from specific countries or arriving for particular jobs must get an immigration medical examination before coming to Canada. The job categories include medical doctors, nurses, teachers, and other workers whose jobs require close work with the general public.

For more information, contact Citizenship and Immigration Canada, which is linked from our page of External Resources.

Where can I get more information?

Many of the topics on this site are addressed in greater detail in various government publications.

For help with any topic on immigrating or working temporarily in Alberta, you can also contact any of the agencies listed under the Help for Workers link on our page of External Resources.

Information for Workers

Some people have said that if I do as they say and give them money, they can guarantee that I will be able to work in Canada. Is this possible?

No one—not even Canadian immigration representatives—can guarantee you will be issued a visa.

In addition, you should be aware of the following.

Processing fees are the same at all Canadian visa offices around the world.
The Government of Canada will never ask you to deposit money into an individual’s personal bank account or to transfer money through a specific private money transfer company.
The Government of Canada does not use commercial e-mail addresses. All e-mail addresses of the Canadian government end with “.gc.ca”.
No representative has special connections with government officials.
There are no guarantees that you will have a job for the period of time that the employer promises.

You can obtain accurate and reliable information on the Citizenship and Immigration Canada website, which is linked from our page of External Resources.

If you have questions, you can also contact Citizenship and Immigration Canada or the visa office responsible for your area. A list of these offices is under the Visas link on our page of External Resources.

Under the Temporary Foreign Worker Program, how long will it take me to get to Canada?

The process usually takes several months.

Using third-party agents (for example, recruiters, immigration consultants, or labour brokers) will not speed up the application process or result in higher pay for you. Under the Temporary Foreign Worker Program, are the rules for all jobs exactly the same?

No. For example:

some occupations do not require work permits;
depending on your country of origin, you may or may not need an entry visa;
depending on your job, you may or may not require a medical exam;
you are only eligible for concurrent processing in certain circumstances; and
special criteria apply for employers hiring foreign workers in some industry sectors and occupations including:

For more information on work permits, see the Work Permits, Visa, and Medical Exams links on our page of External Resources.

How do I know if I must get an assessment of my credentials?

There are some positions for which temporary foreign workers need Canadian or Alberta certification or licensing.

For example, there are specific requirements for, health professionals, engineers, and certain trades-people. For more information, see the Credentials and Certification links on our page of External Resources.

How do temporary foreign workers in compulsory trade occupations gain certification?

Temporary foreign workers in compulsory trade occupations (e.g. welder, pipe-fitters, etc.) should have Alberta Apprenticeship and Industry Training assess their foreign credentials before they arrive in Alberta.

After they arrive, they must pass the required examinations and qualify for certification within 180 days. If this deadline is not met, they can ask for an additional 180 days to become certified. To get this extension, they or their employers must show that a certification or training plan is in place.

The initial work permit is issued for a period of 12 months. After passing the Qualification Certification Exam, the government can extend the initial work permit to its full term.

I am a skilled worker. Is the Temporary Foreign Worker program the only way to get to Canada to work?

No. Depending on the job, you may be able to come via International Mobility Programs or international student and young workers employment programs.

If your employer can offer you permanent employment (also called “arranged employment”), you can follow the “skilled-worker” process of applying for permanent residency from Citizenship and Immigration Canada. In this case, you must remain outside of Canada until the permanent residency visa is obtained. Your employer will have to request an Arranged Employment Opinion from Service Canada. A positive opinion contributes 15 points toward your permanent residency application. You must remain in your country of residence until permanent immigration is granted.

Alternatively, you can come to Canada under the Temporary Foreign Worker Program and then apply for permanent residency from Citizenship and Immigration Canada. If you do so, you can apply in one of the following ways.

Under the skilled worker immigration class. In this class, an employer’s offer of permanent employment is one of several factors that can support a skilled worker’s permanent immigration application. Arranged employment contributes 15 points to the total points required to qualify for permanent residency under the federal skilled category. While the application is being processed, you can continue to work in Canada under the terms of your temporary work permit.
Citizenship and Immigration Canada has recently introduced a new “Canadian Experience” immigration class. This new class offers a way for people who used to be temporary foreign workers to try to immigrate to Canada in a way that takes into account their previous Canadian work experience. But, Canadian work experience does not guarantee that a person will be accepted as an immigrant.

How and when do I apply for a Canadian work permit?

You can apply for a work permit after you receive a copy of the labour market opinion (or letter saying that a labour market opinion is not necessary) and you accept and sign your employment contract (semi-skilled worker) or a written job offer (skilled worker).

You can apply for a work permit at the designated Canadian visa office in your home country.

In some cases, you may apply for a work permit at a port-of-entry on arrival in Canada. For example, this applies to some professional occupations from countries under the North American Free Trade Agreement.

All the forms and guides that you need in order to apply for a work permit are available on the CIC website. Please see the Forms and Guides links on our page of External Resources.

How long does it take to get a work permit?

Getting a work permit can take from a few days to several months, as each Canadian visa office has different processing times. The process will take longer if you need a medical examination.

What else might I need before coming to Canada?

Besides a work permit, you might need:

1. Entry Visa

Some workers from certain countries must get an Entry Visa (EV) before arriving in Canada. Workers who require an EV cannot apply for a work permit at the Canadian port-of-entry.

2. Medical Examination

Workers from specific countries or applying for certain jobs must get a medical examination before coming to Canada. The job categories include medical doctors, nurses, teachers, and other workers who will work closely with the general public.

For more information, see the Visas and Medical Exams links on our page of External Resources.

I am a semi-skilled temporary foreign worker. Is my employer responsible for any of my travel costs?

Yes. Employers hiring foreign workers in jobs requiring lower levels of formal training (National Occupational Classification categories C and D) are must pay for the worker’s travel to and from Canada.

Your employer must also ensure that you have medical insurance coverage during the whole duration of your employment.

I am a skilled worker who came to Canada in the Temporary Foreign Worker Program. How long can I stay and what are the rules?

Workers in skilled occupations usually get work permits that are valid for the same length of time as their job offer—typically one year..

If you are given an offer to stay in the job for a longer time, your employer must apply for an extension of the original labour market opinion. You then apply for a work permit extension by submitting your application to the Canada Immigration Centre in Vegreville, Alberta.

To maintain your legal status in Canada, you must submit your application for extension before the expiry of your initial work permit.

I am a semi-skilled worker who came to Canada in the Temporary Foreign Worker Program. How long can I stay and what are the rules?

If you are hired for a semi-skilled occupation, your work permit is valid for a maximum of 24 months. You may be able to extend your work permit beyond that period

After working in Canada for 24 months, you may be required to return to your country of residence for a minimum of four months.

After the four months, if your Alberta employer wishes to re-hire you or you find a new employer, both your employer and you have to go through the Temporary Foreign Worker Program process again.

If your original work permit lasted less than 24 months, you can apply for an extension to a maximum of 24 months, if your employer has offered you an extension of work. Submit your application to the Canada Immigration Centre in Vegreville, Alberta.

Information for Employers

Under the Temporary Foreign Worker Program, what are the various steps for an employer?

Employers interested in hiring temporary foreign workers through this program are required to go through a specific process. In general, the process includes the following steps.

The employer advertises the job opportunity to Canadians first, in order to show that there are no Canadians or permanent residents available for the job.
The employer:
- identifies the job’s skill level;
- finds out whether the job requires that the government assess foreign credentials; and
- finds out whether the job requires a labour market opinion (LMO).
The employer makes an offer of employment to the foreign worker.
If an LMO is required, the employer applies for an LMO by submitting the required application.
If the LMO is positive, the employer sends a copy to the foreign worker.
If an LMO is not required, the employer obtains a letter stating this fact and sends a copy to the foreign worker.
The employer completes the hiring process as set out by the program.
The foreign worker applies for a work permit. This is usually done in his or her country of residence (outside Canada), but under certain circumstances it can be done at the port of entry into Canada.
The foreign worker proves that she or he meets the requirements for both the job and the admission to Canada.

Under the Temporary Foreign Worker Program, are the rules for all jobs exactly the same?

No, for example:

Some occupations do not require a labour market opinion.
Different occupations require different minimum levels of advertising.
Foreign workers in certain occupations do not require work permits.
If an occupation is listed on a regional occupations list, the advertising requirements may be less.
Depending on the foreign worker’s country of origin, the worker may or may not need a temporary resident visa.
Depending on the job and the country of origin, the foreign worker may or may not require a medical exam.
Jobs are only eligible for concurrent processing in certain circumstances.
Special criteria apply for employers hiring foreign workers in some industry sectors and occupations including the following:

Under the Temporary Foreign Worker Program, how long does it generally take to fill a position?

The process to approve a temporary foreign worker application may take several months. For certain occupations under pressure, some of the timelines have been reduced. Similarly, for certain jobs, applicants may be eligible for concurrent processing and then timelines are somewhat shorter.

Using third-party agents (for example, recruiters, immigration consultants, lawyers, or labour brokers) will not speed up the application process or influence wage rates.

Is the Temporary Foreign Worker Program (TFWP) the fastest way to fill a position?

Not necessarily.

Sometimes, as with professional workers, the quickest method for bringing temporary foreign workers into Alberta may be through provisions of international trade agreements (for example, the North American Free Trade Agreement).

In addition, as part of the TFWP, the government of Canada has introduced a new process to deal with specific kinds of labour market shortages. Under this program, the government has introduced lists of occupations under pressure. For these jobs, the amount of time required to hire foreign workers has been reduced.

As part of this, the government introduced the Expedited Labour Market Opinion Pilot Project (ELMOPP). Key features of this pilot project are:

employers must qualify to participate; and
labour market opinion (LMO) requests must be fully completed with all the requested information.

Examples of occupations that may qualify for the ELMOPP include carpenters (journeyman or woman), construction labourers, delivery drivers, food and beverage servers, heavy-duty equipment mechanics, hotel front desk clerks, ironworkers, manufacturing and processing labourers, steamfitters, pipefitters, welders, machinists, and registered nurses.

For more information, see the Expedited Labour Market Opinion Pilot Project link on our page of External Resources.

Is the Temporary Foreign Worker Program the only way to bring in a “skilled” temporary foreign worker?

No. An employer can also offer permanent employment (also called “arranged employment”) and the worker can follow the usual process of applying for permanent residency from Citizenship and Immigration Canada. However, the skilled foreign worker must remain outside of Canada until the permanent residency visa is obtained. In such a case, the employer must request an Arranged Employment Opinion from Service Canada. A positive opinion contributes 15 points toward the skilled worker’s permanent residency application. The skilled worker remains in his or her country of residence until permanent immigration is granted.

An alternative is to bring in the worker under the Temporary Foreign Worker program and then have the worker apply for permanent residency from Citizenship and Immigration Canada. An employer’s offer of permanent employment is one of several factors that can support the skilled worker’s permanent immigration application. To qualify for permanent residency under the federal skilled category, an applicant needs a total of at least 67 points. Arranged employment will contribute 15 points to this total. While the application is being processed, the skilled foreign worker can continue to work in Canada under the terms of the temporary work permit.

A further alternative is for an employer sponsor an employee under the Alberta Immigrant Nominee Program.

Please note: As of August 23, 2010 the Alberta Immigrant Nominee Program has been temporarily suspended. This means the AINP is currently not accepting applications under the AINP U.S. Visa Holder Category and the AINP Family Stream. Applications postmarked after August 23, 2010 will be returned. Applications postmarked on or before August 23, 2010 will be accepted for processing. For more information, see the Government of Alberta’s Alberta Immigrant Nominee Program website.

Can I get a labour market opinion for more than one position at a time?

Maybe.

A labour market opinion (LMO) is an official document issued by the government of Canada. It states that hiring temporary foreign workers in a particular job and location will have a neutral or positive impact on the Canadian labour market and are not competing with Canadians for the same jobs. It also ensures that the job offer is genuine and that the wages and working conditions are consistent with those of Canadians.

Unless the work category is exempt, you will need an LMO, and you must obtain it before can hire a foreign worker.

You can get an LMO for:

a specific worker or position; or
pre-approval, which is approval in principle for a series of positions. This might be helpful if you need to recruit larger numbers of people.

For more information, call the Citizenship and Immigration Canada call centre at 1-888-242-2100.

Which occupations do NOT require a labour market opinion?

Certain occupations may not require a labour market opinion (LMO). For example:

workers covered under international agreements;
entrepreneurs and employees who transfer locations within the same company;
participants in exchange programs;
co-op students;
spouses and common-law partners of certain foreign workers and of certain foreign students who are currently studying or working under the Post-Graduation Work Permit Program;
spouses of certain foreign students. (if these spouses are not themselves enrolled in full-time studies);
certain academics and students;
religious workers;
people doing charitable work; and
certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process.

In addition, if you wish to hire an international student who has just graduated from a Canadian university, you may not need a labour market opinion. For more on this topic, please see the frequently asked questions regarding student programs.

How do I apply for a labour market opinion?

When applying for a labour market opinion, you must show:

the efforts you made to recruit and/or train willing and available Canadian citizens or permanent residents;
that the wages you offer are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region;
that the working conditions for the occupation meet the current provincial labour market standards; and
any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge.

For more information see the Labour Market Opinion and Hiring Foreign Workers links on our page of External Resources.

What if I don’t have a specific employee in mind, but I know that I will need a few in the future, can I still apply for a labour market opinion?

Maybe. You can ask for pre-approval.

If you would like approval in principle before you recruit, you can fill out the application form to hire foreign workers. You might use this process because of the large number of workers being recruited and/or the complexity of the required recruitment. Leave blank the part of the application form regarding information about the foreign worker. Clearly indicate on the application that this is a request for pre-approval. Submit the completed application to the nearest Service Canada Centre that processes foreign worker applications.

When a decision is made about your pre-approval request, you will receive a notice from Service Canada, which will explain the decision. If the decision is positive, you can then start to recruit. Do not recruit if Service Canada refuses your pre-approval request. If you disagree with the Service Canada decision, you may submit any new information that you feel may affect the decision.

After you have recruited foreign workers and the necessary information about them has been provided to Service Canada, positive LMOs will be issued to each successfully recruited worker. In these cases, you as an employer must meet the conditions of the foreign worker application form and employment contract (if applicable). In addition, you should provide a copy of the confirmation letter to each foreign worker and advise each worker to apply for a work permit and, if necessary, a temporary resident visa at a visa office abroad.

For more information see the Labour Market Opinion and Hiring Foreign Workers links on our page of External Resources

How do I apply for the Expedited Labour Market Opinion Pilot Project?

Employers must apply to the federal government twice. The first time to qualify for the pilot project and the second time to receive expedited labour market opinions to hire particular temporary foreign workers.

Qualifying for the pilot project: Employers must identify the occupations that they anticipate hiring foreign workers for and must meet all the requirements of the pilot.
Receiving expedited labour market opinions: Employers can apply for occupations that have been approved by Service Canada if they agree to meet the conditions of employment for the occupation. When all the information requested is provided, applications will be processed within five business days of Service Canada having received them.

Incorrectly filled applications will be denied approval and employers will need to reapply.

For more information, see the Labour Market Opinion links on our page of External Resources

Once I have the labour market opinion, what do I do with it?

If you get a positive labour market opinion (LMO), you will need to send a copy to the foreign worker you wish to hire. The foreign worker will submit the LMO with his or her application for a work permit.

Why do some employers receive a labour market opinion for a period shorter than the period requested on the application form?

This can occur when:

labour market information is not available for the entire time period requested;
the occupation or geographical region in question is under constant change; or
the employment is seasonal.

I want to hire semi-skilled temporary foreign workers. As the employer, what am I responsible for?

Employers hiring foreign workers in jobs requiring lower levels of formal training (National Occupational Classification categories C and D) are responsible for:

ensuring medical insurance coverage during the whole duration of the employment;
confirming the availability of affordable and suitable accommodation;
signing an employer-employee contract;
registering workers with the appropriate provincial workplace safety board;
demonstrating continued efforts to recruit and train Canadians; and
if a labour market opinion is being sought for more than 12 months, committing to review and adjust (if appropriate) the wage rate of the foreign worker after every 12 months of employment; and
paying for the worker’s travel to and from Canada; and
compliance with Employment Standards legislation.

Employers are also expected to assist with settling temporary foreign workers into the community.

Employers are required to meet all of these criteria in order to receive a positive labour market opinion and labour market option renewal.

I have heard of foreign workers being brought in and paid less than the going wage. Is this true?

Government programs are designed to ensure that Canadian employers do not take such actions.

The problems seem to be occurring with foreign “recruiting” companies. In such cases, although the Alberta employers are paying the workers according to the rules, foreign “recruiting” companies that become involved in the process are taking a percentage (and sometimes a large one) of the wages. Since these companies are under foreign jurisdiction, it is difficult for the federal and provincial governments to prevent or investigate such actions.

As an employer, you can do your part in avoiding such circumstances by not working with such foreign “recruiting” companies, especially since such third-party agents will not speed up the process or influence the wage rates you will pay.

Some employers are paying less wages than those specified in the LMO. This is contrary to federal policy as well as provincial Employment Standards legislation. Employment Standards can enforce the wage rate set out in the LMO.

I hired a temporary foreign worker and am very happy with my employee. The period covered by the original labour market reporting will soon end, but I wish to extend my employee’s stay. Is this possible?

Yes, but the rules differ, depending on whether the job is skilled or semi-skilled under the NOC classifications.

Semi-Skilled Workers

For semi-skilled workers, the employer can apply for a renewal of a labour market opinion and the worker can apply for a new work permit. The LMO request and the work permit application can be done at the same time.

Skilled Workers

If an employer wants to offer a skilled temporary foreign worker a job extension, the employer must apply for a labour market opinion extension. Then, the skilled temporary foreign worker must apply for a work permit extension by applying to the Canada Immigration Centre in Vegreville, Alberta. In order to maintain his or her legal status in Canada, the worker must apply for a work permit extension before the initial work permit expires.

If I am attempting to renew a labour market opinion for a semi-skilled worker, can the worker continue working?

The worker can continue working while you attempt to renew an LMO only if he or she applied to have the work permit renewed before the original permit expired.

If the work permit has expired (and the request for the renewal has been made after the expiration date), the foreign worker is not allowed to continue working past the expiry date of the work permit and will need to seek a “Restoration in Status” and a work permit renewal from CIC, before being eligible to return to work.

If more than 90 days has elapsed since the work permit expired and there has been no application to restore status and obtain another work permit, then the foreign worker must leave the country.

I hired a skilled temporary foreign worker and am very happy with my employee. How can I help my employee immigrate to Canada?

The skilled worker can apply for permanent residency from Citizenship and Immigration Canada. An employer’s offer of permanent employment (also called “arranged employment”) is one of several factors that can support the skilled worker’s permanent immigration application. To qualify for permanent residency under the federal skilled category, an applicant needs a total of at least 67 points. Arranged employment will contribute 15 points to this total. While the application is being processed, the skilled foreign worker can continue to work in Canada under the terms of the temporary work permit.

In Alberta, an employer may be able to complete this process through the Alberta Immigrant Nominee Program (AINP).

Temporary Foreign Workers/Temporary Foreign Workers Program

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