Canada still permits entry of Temporary Foreign Workers

Government of Canada in its latest immigration instructions continues efforts to allow entry of foreign skilled workers.

IRCC is allowing entry of foreign workers for its key industries. Such as agriculture, food processing and other important industries. And is still keeping the March 26, 2020 exemption from travel restrictions. Such measures are sending positive signals to foreign workers, who wish to live, work and settle in Canada. As a result, the future of Canada immigration seems bright.

On April 01, 2020, the Honourable Patty Hajdu, Minister of Health, and the Honourable Carla Qualtrough, Minister of Employment, Workforce Development and Disability Inclusion shared a joint letter with Canadian employers. This letter outlines the restrictions that apply to foreign workers entering Canada. As per the Emergency Order PC number 2020-0175 made under section 58 of the Quarantine Act.

Also, Service Canada continues to process all Labour Market Impact Assessment (LMIA) applications.

New instructions under the Temporary Skilled Worker Program (TSWP)

Canada government is taking steps to help Canadian employers in the hiring of foreign skilled workers. The following measures are applicable: 

• Firstly, no reporting of small administrative changes in LMIA. If it does not change the LMIA terms and conditions;
• Secondly, easy hiring terms for LMIA until October 31, 2020; 
• Fast track processing of LMIA’s for agriculture-related and agri-food sectors;
• Increase in the maximum period of employment from 1 to 2 years. This is for workers under the low-wage stream as part of a three-year pilot;
• For the Agricultural Stream or Seasonal Agricultural Program, employers can submit past valid Housing Inspection Report (HIR);
• Fast track processing of the LMIA name change process due to COVID 19 reasons.

Note

• All Canadian employers must submit a valid HIR.
• In case an HIR is not available then valid submit HIR of the past 3 years. This must be done during the week the work permit is issued as per the LMIA.
• If you can not submit the past 3 years’ valid HIR then you must submit photos of housing. And agree to submit updated HIR to ESDC. Besides, submit this within the week of issuing of a work permit on that LMIA.

Instructions for foreign workers

The following are the instructions applicable for temporary foreign workers entering Canada:

• Mandatory self-isolation for 14 days.
• If breaking the act or regulations:
  • The temporary foreign worker can be fined up to $75,000 CDN;
  • If causing health damage by breaking the rules, a fine of $1,000,000 CDN will be imposed; or
  • Jail term up to 3 years or both.

Who is free from restrictions under the TFWP?

Some activities of temporary workers are permitted. If exempted by an Emergency Order or identified as important by the Chief Public health Officer (CPHO) of Canada. They are free from compulsory self-isolation and include people who:

• deliver medical supplies;
• trade and transportation workers, for both goods and people;
• Workers regularly crossing the border to work in Canada, including workers from health care or critical infrastructure sector;
• And workers giving or receiving important services. Such as emergency medical services related to the outbreak of the disease.

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