The Temporary Foreign Worker Program is intended to be used when you are facing short-term skills and labour shortages, and only when no Canadians and permanent residents are available. Under the TFWP, employers may hire temporary foreign workers through multiple different kinds of streams. Here, we will describe what the low-wage stream for temporary foreign workers means and how one can apply.
What Is the Low Wage Stream for Temporary Foreign Workers?
Employers who want to recruit a temporary foreign worker for less than the province or territory’s median hourly pay must apply through the TFWP low-wage worker stream.
Employers should be aware that LMIAs for low-wage employees impose specific requirements on employers in order to protect the rights and safety of low-wage non-resident workers in the workplace. When an employer receives a positive LMIA for a low-wage skilled post, they must tell the foreign worker of the LMIA findings and advise them that the LMIA must be renewed before it expires.
Requirements for Low Wage Temporary Foreign Workers
Unless an exception exists, an employer or potential employer must demonstrate that they have met specified advertising criteria when filing an LMIA application. An employer or potential employer must promote low-wage employment in the following manner to fulfill the minimal advertising requirements:
- on the National Job Bank or its provincial or territorial equivalent in British Columbia, Saskatchewan, and Quebec
- Using two or more additional methods which are normal practice for the occupation and which target underrepresented groups
All advertisements must consistently include the following:
- Employer’s operating name
- Employer’s complete business address
- Title of the position
- Duties of the position
- Terms of employment (e.g. project based, permanent, etc.)
- Wage (including any incremental pay rises, performance pay or bonuses, profit sharing, etc.)
- Benefits package (e.g. private health insurance, RRSP, etc.)
- Location of work (e.g. local area, city, or town)
- Language requirements (if applicable)
- Name of company contact and their contact details
- Qualifications required for the position (including education and work experience)
Unless a “unique pay wage requirement” exists, the wage provided must be at least the prevailing rate for the occupation in the province or area where the foreign national will be working. The prevailing wage is the higher of the median wage listed on the National Job Bank or a wage that falls within the wage range that the company pays current employees in the same occupation, in the same work location, and with the same credentials.
How to Apply for the Low Wage Stream
Your Labour Market Impact Assessment application can be submitted up to 6 months prior to the expected job start date. There are two main ways you can apply for LMIA for the low wage stream:
An employer and a third party (if applicable) must have a valid Job Bank user account for authentication reasons in order to access LMIA Online. If you have not yet finished the one-time registration process in Job Bank for Employers, you can visit the Canadian government LMIA online portal and create a new account. This registration process should only take about 10 minutes. After you are finished with the registration process, you will then be able to complete an LMIA application.
Apply by Mail
Make sure your application is complete with all required documentation, the processing fee, and your signature. Your application package should include:
- Labour Market Impact Assessment application form for low-wage positions (EMP5627)
- proof of business legitimacy
- proof of recruitment
- Employment Contract
- If you are applying under the 2-year duration pilot for meat processors:
- Schedule L: Two-year Employment Duration for Meat Processors Pilot
- if applicable, a letter of union support which is on union letterhead and signed by an authorized union official
Learn more about LMIA processing times for low-wage workers.
Why Seek Help in Applying for the Temporary Foreign Worker Program?
If you’d like to hire a temporary foreign worker in the low-wage stream, we can help you with this process. Applying for an LMIA can be confusing if you are unfamiliar with how immigration applications work. Any immigration application can become overwhelming if done alone, so it is highly recommended that you seek out professional and experienced help before attempting to apply.
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Contact our corporate team at VisaPlace. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.
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