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Temporary Foreign Worker Program - TFWP

International Mobility Program - IMP

Within Canada, two primary Work Permit avenues exist.

Temporary Foreign Worker Program (TFWP).

For this type of work permit, a crucial prerequisite is a Labour Market Impact Assessment (LMIA), a mechanism for employers to convince the Canadian government that hiring foreign workers won't negatively affect the local workforce.

LMIA establishes the employer's commitment to ensure foreign hires won't displace existing Canadian workers or impact their wages.

Those needing LMIA fall under TFWP.

International Mobility Program (IMP).

Here, foreign nationals can obtain a work permit without the necessity of LMIA.

IMP serves broader economic, social, and cultural interests of Canada, aligning with a diverse range of policy goals.

It doesn’t require the LMIA process for foreign nationals falling under IMP streams.

Common Scenarios for Working in Canada.

LMIA Required.

The definition of "work" in Canadian immigration is expansive, involving activities for which wages or commissions are earned, competing directly with Canadians. Usually, LMIA is required, indicating the proposed employment won't adversely affect Canadian workers. A job offer from a Canadian employer is typically mandatory for a Canadian Work Permit. Limited situations allow for Open Work Permits, not tied to a specific employer.

LMIA Exempt.

Workers requiring the LMIA test fall under TFWP, which enables employers to fill roles when no suitable Canadian candidates are available. On the other hand, foreign workers not needing LMIA fall under IMP, aligning with Canada's broader interests.

CUSMA.

Work Permits under the Canada-United States-Mexican Agreement (CUSMA) usually don't require a Canadian labor market test like LMIA. However, adherence to temporary work provisions is crucial for workers and employers using the CUSMA program.

Intra-Company Transfers.

Work permits obtained through this program are exempt from the LMIA requirement. However, compliance with all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa if applicable, is essential.

Business Visitors.

Canada, being a global economic hub, welcomes short-term business visitors annually. Depending on the nature of work and nationality, certain business visitors can conduct business or trade activities in Canada without a work permit.

Post Graduation Work Permit (PGWP).

Canada offers the PGWP to international students, allowing them to work for any Canadian employer without a job offer. PGWP, valid for up to three years, facilitates gaining professional work experience, a valuable asset when applying for Canadian immigration programs, many of which reward candidates with Canadian study or work experience.

Typically, a PGWP holder requires one year of professional work experience to be eligible for permanent residence programs.

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