Distinguishing the difference between Temporary Foreign Worker Program and International Mobility Program

There are two types of permits:

1. An Open Work Permit allows the individual to work for any employer, no compliance regime applies.
2. An Employer-Specific Work Permit ties a foreign national to an employer and an employer compliance regime applies. These permits may be issued under the IMP without LMIA or under TFWP with LMIA.

Temporary Foreign Worker Program (TFWP) fills any temporary labour needs that cannot be met with local workers. All work streams are subject to a labour market test, the Labour Market Impact Assessment (LMIA), to ensure that Canadians and permanent residents have the first chance for job opportunities. As well, the LMIA ensures that job offers are in line with Canadian wages and working conditions.

The TFWP is a two-step process across Canada, excluding Quebec, where the employer must first obtain a positive LMIA from Employment and Social Development Canada (ESDC) before the foreign worker can apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit. For jobs in Quebec, a Certificate of Acceptance (CAQ) is required to assess the potential impact on the labour market, before an LMIA is issued.

Once a positive LMIA is obtained, a foreign national may apply to IRCC or CBSA for a work permit. They will then assess the applications and issue work permits to those who meet requirements. The IRCC is responsible for setting work permit and admissibility requirements. For the TFWP, ESDC works with IRCC and CBSA for employer compliance activities.

Different streams have different requirements to qualify. Lower-skilled workers represent many workers under the TFWP. Employers are required to conduct different recruitment activities to gain interest, they must post on Job Bank and at least two other methods of recruitment.

LMIA is valid for six (6) months because the ESDC assess the Canadian labour market for six months only. Applicants are required to submit their work permit application within six (6) months.

International Mobility Program (IMP) advances Canada’s broader economic, social, and cultural interests. Since IMP provides broad benefits, all streams are exempt from any labour market test. The program aims to balance employer and employee needs. Foreign nationals may be issued open work permits allowing them to work for any employer for a specific period.

The IMP is a two-step process across Canada. First, the employer must submit their offer of employment and pay the employer compliance fee through the employer portal, except where an open work permit is required. This must be done before the foreign worker can apply for a work permit to IRCC.

IRCC and CBSA assess work permit applications and issue permits to individuals who meet the requirements. IRCC developed policies relating to LMIA exemptions, work permits, and admissibility requirements. IRCC works with CBSA and ESDC on employer compliance activities under the IMP. Open work permits are not covered by the compliance regime as the candidate may leave an abusive employer.