What You Need to Know About Transitioning from a Post-Graduation Work Permit (PGWP) to a Temporary Foreign Worker Program (TFWP) Work Permit
If your Post-Graduation Work Permit (PGWP) is nearing its expiration, it’s essential to know your options for staying and working in Canada. One of the most common pathways is transitioning to a Temporary Foreign Worker Program (TFWP) work permit, which could allow you to remain employed in Canada legally.
This article provides a comprehensive guide to everything you need to understand about applying for a TFWP work permit, including the Labour Market Impact Assessment (LMIA), required steps, the timeframes involved, and some recent changes that may affect your application.
Understanding the Temporary Foreign Worker Program (TFWP) Work Permit
A TFWP work permit is an employer-specific, or closed, permit, meaning it only allows you to work for the specific employer listed on the permit. These work permits are available for a variety of occupations across different sectors, making them a flexible option for foreign nationals, regardless of their country of origin.
To obtain a TFWP work permit, an essential prerequisite is obtaining a positive or neutral LMIA. This document, issued by Employment and Social Development Canada (ESDC), verifies that the employer is unable to find a Canadian citizen or permanent resident to fill the position and thus needs a foreign worker. The LMIA is required before an individual can apply for a work permit.
Key Steps to Transition from PGWP to TFWP:
- Secure a Job Offer: You must have a confirmed job offer from an employer in Canada.
- Employer’s LMIA Application: Your employer will need to apply for an LMIA and receive a positive or neutral response from ESDC.
- Apply for the Work Permit: With a successful LMIA in hand, you can then submit your work permit application to Immigration, Refugees, and Citizenship Canada (IRCC).
While obtaining a TFWP work permit is usually one of the more flexible paths to staying and working in Canada, it requires several crucial steps, and both employers and employees must work together to navigate the process.
What is an LMIA?
The Labour Market Impact Assessment (LMIA) is a key document in the process of acquiring a TFWP. It is essentially a confirmation from ESDC that hiring a foreign worker for a particular role will not negatively affect the Canadian job market.
In simple terms, the LMIA verifies that no suitable Canadian citizen or permanent resident is available for the position. Only employers can apply for an LMIA, and the process must yield either a positive or neutral result. Once the LMIA is approved, the worker can use it to apply for their work permit.
Steps to Get an LMIA:
- Job Offer: The foreign worker must secure a job offer from a Canadian employer.
- Employer Application: The employer submits an application to ESDC, detailing the job role and the necessity of hiring a foreign worker.
- LMIA Approval: Once ESDC processes the application and determines that hiring a foreign worker will not harm the Canadian job market, a positive or neutral LMIA is issued.
Employers must ensure that the LMIA is obtained before applying for a work permit, and it remains valid for six months. To extend the work permit, a new LMIA will be required.
Current LMIA Processing Restrictions
As of 2024, certain changes have been implemented to the TFWP, particularly affecting LMIA processing. The government has placed restrictions on some types of positions, sectors, and industries, making it harder to qualify for an LMIA. These include:
- Low Wage Positions in High Unemployment Areas: Positions in census metropolitan areas (CMAs) with an unemployment rate of 6% or higher.
- Positions Above the Low-Wage Cap: Employers in these situations cannot apply for an LMIA for certain roles.
- In-home Caregiver Positions: Jobs that require live-in caregivers may face additional limitations.
- Ineligible Employers: Employers who have had an LMIA revoked in the last two years or those listed as ineligible by IRCC.
- Adult Entertainment Industry Jobs: Employers offering positions in this sector are typically ineligible.
Additionally, if a position is considered “low-wage” based on provincial or territorial wage thresholds, it will fall under the low-wage stream of the TFWP.
How to Approach Your Employer About the LMIA
If your PGWP is nearing expiration, it’s a good idea to start a conversation with your employer about applying for an LMIA. Here are some tips to approach the discussion:
- Timing: Inform your employer well in advance of the expiration date of your PGWP to ensure enough time for the LMIA process.
- Be Prepared: Provide information about the LMIA process and offer assistance in gathering the required documentation.
- Understand the Process: Be prepared for some resistance, as the LMIA application process can be lengthy and requires the employer to meet certain requirements.
LMIA Application Process for Employers
The LMIA process involves several steps:
- Job Description and NOC Code: The employer must identify the NOC (National Occupational Classification) code and the wage rate for the job position, as well as determine the appropriate LMIA stream.
- Advertising: The job must be advertised in Canada for a minimum of 30 days to demonstrate recruitment efforts.
- Document Submission: The employer gathers necessary documents such as recruitment proof and business legitimacy (e.g., business license, tax documents).
- Application Submission: The employer must create an online account with LMIA Online to submit the application and pay a processing fee of CAD $1,000.
Once the LMIA is processed and approved, the employer will provide the foreign worker with the LMIA and the job offer, which can be used to apply for a TFWP work permit.
How to Apply for a TFWP Work Permit
After receiving a positive or neutral LMIA and a valid job offer, the next step is to apply for the TFWP work permit. Here’s the step-by-step process:
- Create an IRCC Account: Begin by creating an online account with IRCC.
- Complete the Application: Fill out the work permit application form and upload required documents, including:
- Job offer
- Positive or neutral LMIA
- Proof of meeting job requirements
- Language proficiency results
- Valid passport
- Proof of financial stability
- Pay the Application Fee: The work permit application fee is CAD $155. If required, you will also need to pay a biometric fee.
- Submit Biometrics: If requested, submit your biometric data (fingerprints and photos) as part of the application.
Once your application is submitted, you will need to wait for a decision from IRCC, which typically takes several months.
Maintained Status: What Happens If You Apply Before Your PGWP Expires?
If you submit your application for a TFWP work permit before your PGWP expires, you may qualify for maintained status (formerly known as implied status). This means that you can continue to work in Canada under the conditions of your previous work permit while your new application is being processed.
However, you must stay in Canada to maintain your status. Once your PGWP expires, you can continue working under the terms of your original permit until a decision on your TFWP work permit is made.
Global Talent Stream (GTS) – A Faster Pathway
For tech workers and highly skilled professionals, the Global Talent Stream (GTS) offers a fast-track option for obtaining a TFWP. The GTS streamlines the LMIA process, and employers can expect approval in as little as 10 business days. In addition, the advertising requirement may be waived for some positions under GTS.
To qualify for GTS, applicants must meet the following criteria:
- Category A: Be hired by an employer referred by a designated referral partner and possess unique, specialized talent.
- Category B: Be hired for a position listed on the Global Talent Occupations List and be employed by a company that complies with GTS requirements.
Conclusion: How to Prepare
Transitioning from a PGWP to a TFWP work permit can take time, and it’s essential to start the process well before your PGWP expires. With the right planning, communication with your employer, and a clear understanding of the LMIA and work permit application process, you can successfully extend your ability to live and work in Canada.
We recommend starting this process 8 to 10 months in advance to ensure there’s ample time for each step. If you’re in a specialized field, the Global Talent Stream might be a faster route.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
