On April 1, 2011, significant changes to the Temporary Foreign Worker Program came into effect. These changes will affect all temporary foreign workers. If you are a company interested in hiring a Canadian to work in Canada, or if you are a foreign national interested in working in Canada, then you need to understand these changes.
The Employer Black List
Companies interested in hiring foreign workers are going to be required to present an increasing amount of information to the Canadian government. Citizenship and Immigration Canada, Service Canada, and the Canada Border Services Agency will be building and maintaining a database of employers that hire foreign workers.
If an employer is found to have not complied with the terms of a previous Labour Market Opinion or contract to hire a temporary foreign worker, then the work permit will be rejected. As well, the employer will be prohibited from hiring temporary foreign workers for two-years, and will be added to what is being called the “black list”, a public list of employers who are not allowed to hire temporary foreign workers.
The black list is up, and it can be found here.
What Needs to be Shown
The chart below shows what is required for all temporary foreign workers, even those who are Labour Market Opinion exempt. If you have any concerns about any step of the flow chart below, or if you have any concerns about whether you might not be able to satisfy one of the criteria, then you need to speak to an immigration lawyer or representative.