Vancouver, BC -- (ReleaseWire) -- 05/19/2022 --New Temporary Foreign Worker Program policies open a path to Canada by making it easier for Canadian employers to hire temporary foreign workers according to the Vancouver Immigration Lawyers at Sas and Ing. For more, go to https://canadian-visa-lawyer.com/good-news-for-canadian-employers-government-announces-new-measures-to-address-labour-shortages-in-canada/

On April 4, 2022, the Department of Employment and Social Development Canada ("ESDC") announced new Temporary Foreign Worker Program policies that will make it easier to hire temporary foreign workers through the Labour Market Impact Assessment process.

To fully appreciate the significance of EDSC's new policies, it is helpful to look back to the years between 2012 and 2014 when there were commonly held perceptions that the government was not doing enough to ensure that Canadians were being considered for job openings and that it was too easy for employers to obtain LMIAs (previously called 'Labour Market Opinions') for permission to hire TFWs.

Due to these sentiments, ESDC implemented policies in 2014 that included, among other things, the introduction of a $1,000 LMIA application fee for each TFW that an employer wanted to hire and a 'cap' on how many low-wage TFWs a company could hire in the workplace. These broad policies were put in place to send a clear message that Canadian employers should only hire TFWs on an exceptional basis where qualified Canadians are not available to fill a job opening.

Fast forward to 2022 and the tables have now turned in favour of facilitating the hiring of TFWs through the LMIA process. Below are some of the most significant changes:

1) Increasing the Cap on Low-Wage Workers

Before the policy announcement, employers with 10 or more employees were subject to a cap that prohibited them from having a workplace that was made up of more than 10% of low-wage TFWs. For example, a workplace with 20 total workers could not employ three low-wage TFWs because they would proportionally represent 15% of the workers in that workplace.

Citing 2020 data that TFWs made up less than 0.4% of the overall Canadian workforce, effective immediately ESDC has increased the low-wage TFW cap to 20% for all employers hiring full-time TFWs. Canadian employers suffering from labour shortages can now apply to ESDC to hire more low-wage TFWs than before to fill these shortages.

2) More time to Onboard Foreign Workers

Before the pandemic, newly approved LMIAs, which authorize a Canadian employer to hire a TFW, expired in six (6) months. Practically speaking, this meant that employers had no more than six months from the time of approval to find a TFW to fill the position and that the TFW needed to apply to Immigration, Refugees and Citizenship Canada (IRCC) for their work permit before the LMIA expired.

On April 4 ESDC announced that they will extend the validity period of all approved LMIAs to 18 months, which will give employers more time to interview, screen, and bring TFWs to Canada.

The new policies will benefit employers who have experienced challenges bringing TFWs to Canada even after an LMIA is approved. Specifically, there are instances where TFWs are refused work permits by IRCC. This may be for various reasons, including a lack of supporting documentation and a clear understanding of the eligibility requirements for a work permit. Extended periods to onboard TFWs will allow employers to make alternative hiring plans in the case of an unexpected work permit refusal.

3) Increase in Employment Duration

Before ESDC's announcements, TFWs could not be approved under an LMIA to work in Canada for more than two years. This meant employers had to make repeat LMIA applications to keep the same TFW(s) employed every few years, which added to the cost of doing business but also greatly added to ESDC's workload of processing new applications year after year, even when there was a demonstrated labour shortage.

The April 4 policies increase the maximum employment duration allowed under an LMIA from two (2) years to three (3) years for high-wage TFWs (currently defined in British Columbia as those earning more than $25 per hour) and those applying under ESDC's Global Talent Stream, which will greatly benefit all parties involved—employers, TFWs and ESDC.

As Vancouver Immigration Lawyers, the changes to TFWP offer great potential benefits to employers and foreign workers interested in making Canada their home. Statistics support ESDC's views that the program can serve as a positive force to boost the economy. Employers interested in hiring TFWs should familiarize themselves with the new policies and stay tuned for updates.

About Sas & Ing Immigration Law Centre
Sas & Ing Immigration Law Centre has over 30 years of continued in-depth and comprehensive expertise in most aspects of Canadian Immigration practice. Sas & Ing have facilitated applications to Citizenship and Immigration Canada (CIC), Service Canada and Canada Border Services Agency. Catherine & Victor work closely with other lawyers specializing in Business, Employment, Tax, and Real Estate to provide comprehensive legal advice to companies and individuals as they navigate the regulatory requirements necessary for temporary or permanent establishment in Canada.

For additional information, please visit canadian-visa-lawyer.com or call (604) 689-5444

Sas & Ing Immigration Law Centre
Catherine Sas
(604) 689-5444
Company website: canadian-visa-lawyer.com