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Recruiting Foreign Workers


Temporary Foreign Worker Program

Background

Only Canadian citizens and permanent residents have the right to work in Canada. Anyone who is not a Canadian or Canadian permanent resident must obtain authorization from Citizenship and Immigration Canada (CIC) to work in Canada.

Ontario companies who cannot fill their human resources needs within Canada may choose to recruit foreign workers in order to fill labour shortages through the Temporary Foreign Worker Program (TFW). TFW is jointly administered by two federal government departments - Service Canada and Citizenship and Immigration Canada (CIC).

In most cases obtaining a temporary work permit is a two-step process. First, Service Canada is responsible for assessing and confirming employer requests for foreign workers through the Labour Market Opinion (LMO) Process. Second, CIC determines the admissibility and issues work permits to foreign workers.

A work permit is a document (issued by the federal department of Citizenship and Immigration) that allows a person who is not a permanent resident or Canadian citizen to work temporarily in Canada. Work permits are generally only valid for a specified job and employer as well as for a specific length of time.


The Hiring Process

Step 1: Apply for a Labour Market Opinion (Employer)

Companies looking to hire a foreign worker should contact Service Canada to apply for a Labour Market Opinion (LMO). A positive LMO indicates that hiring a foreign worker will not have a negative impact on employment or career opportunities for Canadian AND/OR will result in significant benefits to Canada. LMO applications can be made by mail or fax. Employers should allow one month for processing. If approved a confirmation notice will be issued to the employer and to Immigration Officials. The prospective employee can then make an application for a work permit to CIC.

Service Canada address serving Ontario:
Foreign Worker Programs
Human Resources and Social Development Canada
P.O. Box 6500
L.C.D. Downsview A
Toronto, Ontario, Canada
M3M 3K4

Phone -
Local: 416-954-3111
Toll Free: 1-866-556-5518

Fax -
Local: 416-954-3107
Toll Free: 1-866-720-6094

LMO Exemptions

Certain occupations do not require an LMO in order to get a work permit. Most notably, IT workers in one of seven software development areas, intra-company transfer employees and spouses of work permit holders do not require an LMO prior to getting a work permit.

Step 2: Apply for a Work Permit (Employee)

Once the employer has obtained a positive LMO the prospective employee may apply for a work permit through CIC. Normally a foreign worker must apply at a Canadian visa office outside of Canada for a work permit. Citizens of the USA may apply upon entry to Canada. There is an application fee of $150 Canadian for a work permit. Processing times vary depending on the visa office.

Checklist of required documentation required by the employee:

     Check Mark Copy of the LMO approval letter
     Check Mark A letter of introduction from the employer
     Check Mark A valid passport
     Check Mark Proof of qualification or credentials

Other Requirements

In addition to meeting the requirements of the work permit category in which they have applied, all applicants must meet statutory requirements related to health and good character in order to be approved. In some cases, the employee may be required to complete an immigration medical examination as part of the application process. Citizens of certain countries may also require a temporary resident visa (TRV) in order to travel to Canada.


Extending your stay in Ontario

An employee may remain in Canada as long as their work permit is valid, or extension is granted. A foreign worker in Canada may apply for an extension of their work permit by mail through the Case Processing Centre in Vegreville, Alberta. This should be done AT LEAST one month prior to the expiry of the existing work permit and preferably sooner.

For additional information about work permit requirements, see our list of Frequently Asked Questions.


 
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Last Updated: April 7, 2010