February 3, 2015
New Changes to the Temporary Foreign Worker Program – Effective Immediately
Member Update / Impact:
The Temporary Foreign Worker (TFW) Program underwent sweeping changes in June 2014. These changes have and will continue to impact RCC members, particularly where retailers are accessing low skilled TFWs in overheated markets, like Alberta.
Last evening the Federal Government and the Government of Alberta came to an arrangement to provide work permit extensions for TFWs in Alberta who have applied under the Alberta Immigrant Nominee Program, and whose temporary status may end prior to finalization of their permanent residency applications. These changes will take the pressure off of retailers who are trying to transition currently employed TFWs into permanent residents. Of significant note is that TFWs in this situation will not count towards the new 30% cap of total low-wage TFWs per worksite.
Details on the new bridging measures are as follows:
Low Wage Cap on Temporary Foreign Workers
Employment and Social Development Canada (ESDC) will provide a one-time exemption for TFWs in the Provincial Nominee Program backlog from the cap on low-wage employees if those TFWs have been screened by Alberta and Alberta confirms in writing to ESDC their intention to nominate during the expected duration of the one-year work permit that would be associated with the LMIA application. This will allow their employers to apply for new Labour Market Impact Assessments and the identified TFWs would not count against the low wage cap.
Four-Year Cumulative Duration Bar on Temporary Foreign Workers
Citizenship and Immigration Canada (CIC) will provide one, non-renewable twelve-month employer-specific bridging work permit which will be exempt from Labour Market Impact Assessments to applicants in the Alberta Immigrant Nominee Program inventory who are subject to the four-year cumulative duration bar.
To obtain either of these bridging mechanisms, applicants would need to meet the following criteria:
1. Applied to the Alberta Immigrant Nominee Program before July 1, 2014.
2. Have work permits that expire in calendar 2015.
3. Alberta has provided a letter to CIC or ESDC, indicating and confirming that:
a. Alberta intends to nominate these applicants;
b. Alberta is satisfied that the applicant’s employer has taken the necessary steps to obtain a Labour Market Impact Assessment but has been unable to do so for reasons beyond his/her control;
c. The employer has indicated in writing to Alberta that they wish to have the applicant’s work permit renewed; and
d. For applicants in NOC O, A & B occupations, that Alberta has explicitly encouraged the individual to create an Express Entry profile.
For technical questions related to these changes, please contact Thomas Gonzalez at: thomas.gonzalez@servicecanada.gc.ca or 780-940-1927.
For additional information concerning the Temporary Foreign Worker Program and its impact on retail, please contact Susie Grynol, Vice-President, Federal Government Relations at sgrynol@retailcouncil.org or 613-656-7901.
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