In case your Put up-Commencement Work Allow (PGWP) is expiring quickly, you possibly can keep and work in Canada by getting a Non permanent Overseas Employee Program (TFWP) work allow.
TFWP work permits are employer-specific or closed work permits. That signifies that candidates who’ve them are solely licensed to work in Canada however just for the employer specified on the allow.
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TFWP work permits could be issued for almost any occupation and business (with just a few exceptions listed beneath), and for international nationals of any nationality. These work permits normally take essentially the most quantity of labor to get however are additionally the least particular to qualify for, making them the most effective choices these seeking to proceed working in Canada.
To get a TFWP work allow, your employer should first get a optimistic or impartial Labour Market Impression Evaluation (LMIA) via Employment and Social Improvement Canada (ESDC).
This text will discuss you thru:
- What an LMIA is;
- Present restrictions on LMIAs;
- converse to an employer about an LMIA;
- The steps an employer has to take to conduct an LMIA;
- Exceptions to the LMIA’s promoting restriction;
- The method of making use of for a piece allow
- The time it takes to transition from PGWP to TFWP work allow;
- The World Expertise Stream.
What’s an LMIA?
An LMIA is a doc that proves that there’s a want for a international employee as no Canadian citizen or everlasting residents can be found to fill the place.
Solely employers are in a position to apply for LMIAs. This LMIA should return with a optimistic or impartial consequence, which signifies that ESDC has decided that hiring a international employee doesn’t negatively influence the labour market.
After an LMIA is accredited, a employee can use it of their work allow software to obtain a piece allow.
In different phrases, with a view to get a TFWP work allow, you could:
- Get a job provide from an employer in Canada;
- Have an employer who’s keen to conduct an LMIA;
- Get a optimistic or impartial LMIA from ESDC; and
- Not be working for a corporation or in an occupation at present ineligible for LMIA processing (extra on this beneath).
It’s value noting that LMIAs are at present legitimate for six months. To resume a TFWP work allow, a brand new LMIA should be obtained.
Present restrictions on LMIA processing
Over the course of 2024, the federal authorities has made modifications to the TFWP, together with including restrictions to LMIA processing within the case of sure sectors, occupations, and positions.
Some conditions the place the federal authorities doesn’t at present course of LMIA functions are
ESDC can even refuse to course of LMIAs for firms on IRCC’s ineligible employers checklist and people firms that provide companies within the grownup leisure business.
Notice: If the wage provided at a job is beneath the provincial or territorial wage threshold, the place falls underneath the low-wage stream of the TFWP.
The federal authorities publishes an inventory of CMAs with an unemployment charge over 6% each three months. The subsequent replace is anticipated on April 4.
converse to an employer about an LMIA
In case you are interviewing for jobs, inform potential employers of how a lot time you’ve left in your PGWP and ask if the corporate can be keen to help with an LMIA.
In case you are already working, have a dialog together with your employer, ask if they’re keen to help you with an LMIA, tackle any issues, and provide to help with any info they may want.
It is a good suggestion to start the LMIA course of nicely prematurely of needing to submit your TFWP work allow software, as a result of The LMIA course of can take time.
Processing instances differ relying on on the stream underneath which the employer is making use of.
As of January 2025, the common processing time is as follows:
| Excessive wage stream | 68 days |
| low wage stream | 76 days |
Steps for LMIA
In an effort to get an LMIA work allow, an employer has to comply with the beneath steps:
Step 1: Establish the NOC code and the wage charge for the occupation, and choose the LMIA stream accordingly.
Step 2: Promote the job place as per this system necessities underneath the LMIA stream. Typically, the place must be marketed for 30 days.
Step 3: Accumulate all of the paperwork required as a part of an software bundle. This consists of filling out varieties, proof of recruitment, and paperwork supporting enterprise legitimacy (for instance, the latest enterprise license, latest tax paperwork different supporting documentation).
Step 4: Create a Job Financial institution for employers account. The employer will want this to use for an LMIA utilizing LMIA On-line. They’ll then signal into LMIA On-line to create, fill out, and submit the LMIA software.
Notice: An LMIA software could be submitted as much as six months earlier than the anticipated job begin date.
Step 5: Pay the processing price of CAD $1,000 and submit the applying.
The employer will then obtain the LMIA determination, after the processing is full.
Notice: The officer in cost might ship emails asking further questions and even schedule a gathering, relying on the case.
Exceptions to the LMIA’s promoting restriction
A part of the method of buying an LMIA requires firms to promote the job to show recruitment effort in Canada.
Nonetheless, there are some exceptions throughout the TFWP the place promoting is both not required or there are variations to the promoting requirement.
The positions listed right here have variations to their promoting necessities.
Making use of for TFWP Work Allow
As soon as a optimistic or impartial LMIA is granted, the employer should present this in addition to the job provide to the employee.
The employee can then begin the method of making use of for a TFWP work allow.
Step 1: They’ll do that by creating an internet account with IRCC and signing in.
Step 2: They must reply some questions which is able to create a personalised doc guidelines. Some paperwork that employees will in all probability be requested for are
- The job provide;
- The optimistic or impartial LMIA;
- Proof that they meet the job necessities;
- Language proficiency take a look at outcomes;
- Legitimate passport; and
- Proof of funds.
Step 3: Fill out the shape and add the paperwork required.
Step 4: Pay the work allow price ($155).
Notice: The employee might have to offer your biometrics for this allow. If that’s the case, they should pay the biometric price as nicely after they apply. This covers the price of accumulating fingerprints and digital pictures.
If I apply for a TFWP work allow previous to my PGWP expiring, can I profit from maintained standing?
Maintained standing (previously referred to as “implied standing”) permits you to keep and work in Canada underneath the phrases of a earlier work allow whereas your new software is being processed.
These with PGWPs can proceed working underneath maintained standing underneath the situations of their earlier allow so long as the work allow software (underneath TFWP) is submitted earlier than the PGWP expires.
You’ll profit from maintained standing solely as long as you stay in Canada.
The time it takes to transition from PGWP to TFWP work allow
| Stage | Description | Estimated Timeline |
| 1. Promoting the LMIA | The employer should promote the job to Canadians and everlasting residents to satisfy recruitment necessities. | 30 days |
| 2. LMIA Processing | The employer submits the LMIA software to ESDC. Processing instances differ primarily based on the kind of software | 76 days for the low wage stream |
| 68 days for the excessive wage stream | ||
| 3. Work Allow Utility Processing | After a optimistic LMIA is issued, the international employee applies for a piece allow with IRCC. | 114 days (at time of publishing) |
| Complete time required | 220 days (for the low wage stream) | |
| 212 days (for the low wage stream) |
As could be seen from the desk above, the whole course of from begin to end takes roughly six to eight months.
These with PGWPs ought to ideally begin the method eight months to 10 months prematurely to be on the secure aspect.
This timeline could be sooner underneath the World Expertise Stream.
World Expertise Stream
The World Expertise Stream (GTS) is part of Canada’s TFWP.
GTS provides a streamlined course of for employers in Canada, basically fast-tracking the hiring of international expertise in tech. Employers making use of can count on LMIA processing inside 10 enterprise days.
Furthermore, if your organization or an out there place qualifies for the GTS, you would bypass the promoting requirement altogether.
You might be eligible for the World Expertise Stream in the event you meet standards for Class A or Class B.
Class A:
- In case you are employed by an employer who has been referred to by a chosen referral accomplice; and
- Are thought-about a person with distinctive and specialised expertise that may assist the corporate scale.
Class B:
- Employed for a job listed on the worldwide expertise occupations checklist; and
- Are employed by an employer who complies with this system necessities for the GTS.
Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency
