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Temporary Foreign Worker Program | dRN Law LLP

Temporary Foreign Worker Program

Under the Temporary Foreign Worker Program (TFWP), an employer or prospective employer is required to apply for a Labour Market Impact Assessment (LMIA), before a foreign national can apply for a work permit.

An employer or prospective employer is required to submit the LMIA application to Employment and Social Development Canada (Service Canada). Service Canada will consider whether the hiring of a foreign national will have a positive or negative impact on the Canadian labour market.

If and when a positive LMIA confirmation is issued by Service Canada, the foreign national will be eligible to apply for a work permit on the basis of the said positive LMIA confirmation. A positive LMIA confirmation is usually valid for six months from the date of issuance. Please note that a positive LMIA confirmation alone does not authorize a foreign national to work in Canada.

If a foreign national requires a temporary resident visa (TRV) to enter Canada, they are required to apply for a TRV and work permit based on the positive LMIA confirmation at a Canadian visa office abroad. However, if a foreign national does not require a TRV to enter Canada, they can apply for a work permit based on the positive LMIA confirmation at a Canadian port-of-entry (e.g. international airport, land crossing, etc.). 

A positive LMIA confirmation may authorize a foreign national to apply for a work permit which is valid for up to three years.