Business Immigration

Temporary Foreign Worker Program (TFWP) is the overall name for a group of wide-ranging programs that temporarily allow foreigners to come to Canada. The priority of Canadian employers is to hire available Canadians to work on their companies. When Canadians cannot be found, employers use various Temporary Foreign Worker Program streams to get the workers they need for their businesses. 

1. Labour Market Impact Assessment (LMIA) applications

LMIA applicants require approval by Employment and Social Development Canada (ESDC). We specialize in that process, starting from posting and running advertisements following strict Service Canada standards, preparing the submission of LMIA applications, and filling subsequent work permit applications. LMIA is a verification process whereby ESDC assesses an offer of employment to ensure that the employment of a foreign worker will not have a negative impact on the Canadian labor market. With LMIA applications, employers will be required to provide various business documents and information about the position they want to hire a foreign worker. In most cases, they would need to advertise during a specific period of time following strict ESDC police. 

There are multiple types of LMIA such as: 

  • High-wage or Low-wage LMIA
  • LMIA for Agricultural Worker
  • Dual Intent LMIA (PR LMIA)
  • LMIA for Caregiver
  • Temporary Foreign Academic
  • Temporary Foreign worker through Global Talent Stream                                                                                                                                                                                                                                                                                                                                                                                                                    Requirements of the LMIA program:                                                    
  • Processing fee: there is a mandatory $1,000 Government processing fee per application. This fee does not apply only to employers choosing to support a foreign national’s application for a permanent resident visa only.                            
  • Language requirements: French or English language are the only languages that can be identified as a job requirements                       
  • Business legitimacy: this is an essential part of the application. Employers must prove that they will fulfill the terms of the employment offer. The most common documents used for this are T2 Schedule 100 Balance sheet information and T2 Schedule 125 Income Statement information. An Attestation letter can be used to supplement these It can be drafted by a Lawyer or CPA (Chartered Professional Accountant)Employers must also submit proof of providing goods or services. The most common documents used for this part are Business Licence, T4 Summary of remuneration paid and PD7A statement of account. Employers may use an attestation letter here as well.               
  • One year in business (for PR LMIA only): Proof that the business has been operational for one year. Unlike other LMIA streams, this is a must for this type of application.
  • Prevailing wage: advertised rate of pay and offered rate of pay needs to be at least the median rate of pay for that occupation and that region of Canada or in the wage range paid to Canadians and Permanent Residents, whichever is higher. To determine the median rate of pay, we use Job Bank: Search wages – Job Bank
  • Advertisement: there are various websites that we use in practice. Service Canada doesn’t have a specific list of advertisement platforms or recommend particular names. This is one of the areas where we use our experience and knowledge. In addition, there are different platforms recommended following the rate of pay offered. There are Recruitment and advertisement standards for positions where the pay rate is higher or lower than the median rate of pay for the province. Advertisements need to be active for 28 consecutive days.

For more information, please contact us.

Premier Visa and Immigration Services assists Canadian businesses in selecting and recruiting excellent Temporary Foreign Workers. We use various Labour Market Impact Assessment (LMIA) pathways and LMIA exempt applications following the unique business needs of our clients.

We work with companies in multiple fields: hospitality, transportation, IT, farming, cleaning, retail, and more. With more than 50 years of combined professional experience in this field, our team is in a unique position to assist you!

We have 2 Regulated Canadian Immigration Consultants in our team and we are fully licenced to recruit Temporary Foreign Workers in the Provence of British Columbia (IS-0009115). In addition our company is an authorized national and international Employment Agency operating under License #35422 issued under authority of the Government of Alberta.

2. LMIA exempt applications: International Mobility Program (IMP)

The International Mobility Program lets Canadian employers hire temporary workers without a Labour Market Impact Assessment (LMIA). Multiple available streams serve Canada’s broader economic and cultural interests. Positions exempt from requiring an LMIA are those which:

  1. Provide certain broad economic, cultural, or other competitive advantages for Canada, and
  2. Provide reciprocal benefits for Canadian citizens and permanent residents.
3. Intra- Company Transfer Program (ICT) 

As part of IMP, this option permits multinational companies with a branch, subsidiary, or affiliate in Canada to transfer workers under certain conditions. The primary purpose of this application is to improve the management effectiveness and competitiveness of Canadian companies in the global market. 

Canadian and foreign companies should have a qualifying relationship: the Canadian company should be a sister company, a branch, an affiliate, or a foreign company subsidiary. An employee should satisfy several criteria to qualify for this program, starting from professional experience, occupation, knowledge, and skills. 

The Intra-Company Transfer (ICT) work permit application provides an excellent pathway for foreign workers to enter the Canadian labour market and gain Canadian work experience. An Intra-Company transferee can be of any nationality. To qualify as an Intra-company transferee:

  • A Canadian company needs to have a qualifying relationship with the foreign company
  • A foreign multinational company must currently employ a person seeking employment in a Canadian parent, subsidiary, branch, or affiliate company.
  • A person must have been employed by the same company that wants to transfer him to Canada in a similar full-time position for at least one year in the last three years.                                                                                                                                                                                                                         

This is an excellent pathway for both employers and employees because they do not require LMIA for this purpose because Intra-company transferees add significant benefits to the Canadian interests [IRPR 205(a)]

This pathway can lead to obtaining LMIA exempt work permit. Even though this is a temporary pathway, it can be a  stepping-stone to get a Permanent Residency in Canada. Your one year of experience gained in Canada will make you eligible for express entry programs if you obtain CLB 5 for NOC B positions and CLB 7 for NOC O and A. The Provincial Nomination Programs are also available to these workers.

To add more to it, you can bring your dependents along with you. Your spouse can also work here in Canada by obtaining an open work permit.

Who is eligible?

A person can get LMIA exempt work permit under the pathways if their position falls in the following capacity:

  1. Executives direct the company’s management, establish the organization’s goals and policies, and receive direction from a higher level only.
  2. Senior Managers manage the organization, department, or subdivision, supervise and control other managers or supervisors, employees or an essential function within a company etc.
  3. Persons with specialized knowledge possess advanced expertise and proprietary knowledge of the company’s product, service, research, equipment, techniques, or management.                                                                                                                                                                           

The initial validity of the work permit:

If an Intra-Company Transferee is coming to Canada to open an office or get employed in a new office, the initial work permit will be issued for up to 1 year. Otherwise, an initial work permit can be issued for up to 3 years.

Renewals of the work permit:

Applicants can extend this worm permit for a period of 2 years with a total duration of 7 years in the case of executives or senior managers and a total of 5 years in the case of a person who is applying under the capacity of having specialized knowledge.

After an Intra-company transferee has reached the maximum duration of the work permit, they must work full-time for one year outside Canada if they wish to reapply.

4. Free-Trade Agreements

Agreements such as USMCA, CETA, and FTAs signed with Korea, Chile, Peru, Columbia, and more enable LMIA exempt transfer of employees between Canada and specific countries. These programs are created for more effortless mobility of business visitors, professionals, intra-company transferees, traders, and investors. 

In most cases, new applicants can request a work permit at the port of entry, such as when arriving at an airport or crossing the land border into Canada. 

5. Owner-Operator LMIA applications

The Owner-Operator LMIA is a variation of Labour Market Impact Assessment the most suitable for business owners. You would need to demonstrate majority ownership in the company to be successful. From April 1st, 2021, these applications are not exempt from advertisements requirements. With this type of LMIA, you can get a work permit to work in Canada and further develop your company. Your spouse may be eligible for an Open-Work Permit. The type of person who would be ideal for an owner-operator LMIA may have the following characteristics:

  • Owns min of 51% of a Canadian business
  • Has relevant business experience in the field, either a previous owner-operator or senior management experience working for another company 
  • The company has created at least one job for a Canadian citizen or permanent resident or more.
  • The business has to be active, with signed contracts, invoices and business licenses in place. 
  • There is no minimum investment amount other than as determined by the business plan. 
  • Owner-operators can start their own new company or purchase an existing one
6. International Experience Canada (IEC)

This program has three different categories and it’s based in International Reciprocal youth exchange agreements. Canada has agreements with over thirty countries to make it easier for Canadian youth to work and travel abroad.