Canada immigration alert: Changes in effect

The TFWP facilitates Canadian employers to hire workers from abroad, without these workers having to apply for residency directly.
 
To guarantee that the programme is used only when there is a genuine need for foreign labour not available in Canada, the Canadian government has recently put more stringent measures in place. 
 
An additional set of measure were announced on July 31st by the Human Resources and Skills Development Canada (HRSDC) and have gone in effect immediately.
 
Crucial within the TFWP is the Labour Market Opinion (LMO), which is required to be obtained for each vacancy an employer wishes to hire a foreign worker for.
 
Previously, Canadian employers were able to apply for an LMO without having to pay a processing fee. From this month on, employers are required to pay a CAD275 processing fee for each position when requesting the LMO. These processing fees are not refundable in the event that the LMO is refused.
 
Language requirements will play a more important role in the application for an LMO. Language requirements for the TFWP may be set by the employer depending on the available position. However, special requirements have been put in place when these language requirements are any other than French or English.
 
If the employer indicates that another language is required, he must be able to demonstrate that the foreign language is essential for the position. If a Service Canada officer determines that the foreign language is not essential for the position, the LMO application can be refused.
 
In order to prove that the required expertise is not available within Canada, employers applying for an LMO must advertise the vacancy through the approved channels. Changes have been made to the specific requirements regarding the advertising, and these changes will go in effect on August 28, 2013.
 
Currently, employers are required to advertise the position in Canada for a period of 2 weeks; this period will be extended to 4 weeks. Furthermore, the advertising must be done in the three months preceding the LMO application. Employers will also be required to use more methods when advertising for the position.
 
In addition, the sources of advertisement are specified differently with the new rules, and advertisements for high-skilled positions must now include the salary being offered, whereas employers were previously exempt from doing this.
 
Unlike the high-skilled positions, employers looking to hire for a low-skilled position must also target underrepresented groups, such as Aboriginals, people with disabilities, and new immigrants before able to hire workforce from abroad.
 
New questions have also been added to the LMO application form. Employers will now be required to explain whether hiring a foreign worker for a position will positively or negatively impact the labour market. Employers will also have to explain what efforts were made in the past two years to hire and/or train Canadian citizens or permanent residents for the position.
 The programme has proven to be a useful method for foreign workers to start work directly, once they have arrived in Canada, whereas many immigrants witness long waiting times and unemployment after they obtained a visa to the country.
 At the same time, the Canadian government has continuously made changes to the TFWP to guarantee it encourages employers to prioritise local work force over work force from abroad.
 “Canadians are experiencing significant skills shortages in many sectors and regions, and Canadians must always have first crack at job opportunities when they become available,” Diane Finley, Minister of Human Resources and Skills Development said earlier.
 “The purpose of the Temporary Foreign Worker Programme is to help fill genuine and acute labour needs and we have been reviewing the program to ensure that goal is met and Canadian workers are never displaced.”
 The above changes in processing fees, language restrictions, and advertising requirements do not impact employers hiring foreign workers in certain agricultural positions under the Seasonal Agricultural Worker Programme or the Agricultural Stream.
 

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