Temporary Work Visa

An employer can hire a foreign worker by offering to pay a low or high wage depending on the supply of workers qualified to do that job in Canada. A positive LMIA indicates there is a need for the foreign worker and the employer must pay at or above the median wage (high wage). Otherwise, the foreign worker may be hired at a wage below the provincial median wage (low age).

• The employer must: complete the LMIA;
• Prove no available applicants domestically

In addition, the employer completing the Labour Market Impact Assessment form must complete a transition plan as part of the application for High-Wage Temporary Foreign Workers ONLY. Low-wage workers DO NOT need to submit transition plans with their Labour Market Impact Assessment application.

The Transition Plan requirement asks the employer to explain how they will replace the Temporary Foreign Worker (TFW) with a domestic employee OR how they will transition the TFW into a permanent resident.

Option 1: Plan to Replace TFW:

• Explain (3) distinct activities to recruit, retain, or train Canadians and/or Permanent Residents AND (1) additional activity specifically targeting underrepresented groups such as new immigrants.

Option 2: Transition TFW into Permanent Resident:

• Explain (1) activity to facilitate your Temporary Foreign Worker(s)’ permanent residence.

The Transition Plan tables to be completed are found within the LMIA application form. It is important to provide the following details for each activity:

• A description of the planned activity, and the rationale behind undertaking such an activity;
• The anticipated results of the planned activity;
• A general timeline for the activities; and
• The level of investment you are willing to undertake in order to carry out said activity, if applicable.

EXEMPTIONS TO COMPLETING TRANSITIONAL PLAN:

You may not need to meet this requirement if you are applying for positions:

• Related to caregiving (for private households and healthcare institutions)
• In farming (under the Seasonal Agricultural Worker Program, the Agricultural Stream, and other primary agriculture occupations)
• That are specialized and qualify for Quebec’s facilitated LMIA process
• Involving unique skills or traits that are specific to an individual and not readily available in Canada
• That are of limited duration, where:
  • The job is inherently time-limited
  • There is no reasonable expectation that the position could be transitioned and filled by a Canadian or permanent resident
  • The job will no longer exist after the TFW’s departure

Note: In some industries, such as Film and Entertainment, it is normal for certain positions to be repeatedly filled on a time-limited basis.

REQUIREMENTS FOR LOW-WAGE LMIA APPLICATIONS:

Employers offering a wage that is below the provincial/territorial median hourly wage must:

• Pay for round-trip transportation for the temporary foreign worker;
• Ensure affordable housing is available;
• Pay for private health insurance until workers are eligible for provincial health coverage;
• Register the temporary foreign worker with the provincial/territorial workplace safety board; and
• Provide an employer-employee contract.

Express Entry is considered the fastest and easiest way to immigrate to Canada. To qualify for the Express Entry system, you must be eligible for one of three immigration programs. These options include:

• The Federal Skilled Worker Program
• The Federal Skilled Trades Program, or
• The Canadian Experience Class

For more information, see our immigration programs HERE.