New Measures to LMIA Work Permit

Hello World! Today we would like to share an update on the Temporary Foreign Worker (TFW) program.

On August 6, 2024, the Canadian government announced enhanced measures to improve this program.

New Measures and Directions

The TFW program allows Canadian employers to hire temporary foreign workers when a qualified Canadian cannot fill the job. The Government of Canada has announced the following new policies to ensure the proper operation of this program and to eliminate fraud.

  • Enforcement of the 20% Cap Policy: Enforcing consistent application of the 20% cap policy for temporary foreign workers. This includes the policy for the Dual Intent Stream, which applies to temporary foreign workers who intend to apply for permanent residency. Employers using this stream will be subject to more stringent guidelines.
  • Enhanced LMIA Inspection: Applying stricter and more rigorous oversight when processing Labour Market Impact Assessments (LMIAs) and conducting inspections.
  • Potential Increase in LMIA Fees: Considering LMIA fee increases to pay for additional integrity and processing activities.
  • Future Changes to Employer Eligibility: Looking to implement future changes regarding employer eligibility (factors such as a minimum number of years of business operations or history of layoffs by the employer).

Considering Eliminating Low-Wage Streams

The Canadian government also mentioned the possibility of implementing refusal to process under the low wage stream. If this is implemented, it would prevent certain employers in specific regions and industries from using the TFW Program.

Additionally, there is a plan to modernize the TFW Program by introducing a new foreign labour stream for Agriculture and Fish & Seafood Processing.

For more information on this announcement, please check the link below.

https://www.canada.ca/en/employment-social-development/news/2024/08/minister-boissonnault-announces-new-measures-to-address-fraud-in-canadas-temporary-foreign-worker-program.html

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The new measure highlighted today is in addition to previous changes to the TFW program. The Canadian government continues to monitor employer demand for this program, as well as the employment rate and is willing to take further tightening measures where required. 

If you have any questions or concerns about your LMIA/Work Permit application and compliance audit, please feel free to contact us from here.

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