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Changes to the Temporary Foreign Worker Program

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Effective July 31, 2013 a processing fee of $275 is required for each position requested to cover the cost of a Labour Market Opinion (LMO). Employers hiring temporary foreign workers for on-farm primary agricultural positions under the Seasonal Agricultural Worker Program or, the Agricultural Stream, are exempt from the fee.

Should you be interested in working in Canada, please contact one of our Vancouver immigration lawyers today. There is a future for you in Canada!

Also, amendments to the Immigration and Refugee Protection Regulations come into force, which introduce a new language assessment factor. As a result, English and French are the only languages that can be identified as a job requirement, both in LMO requests and in advertisements by employers applying to hire TFWs, unless employers can demonstrate that another language is essential for the job. Employers hiring temporary foreign workers for on-farm primary agricultural positions under the Seasonal Agricultural Worker Program or, the Agricultural Stream, are again exempt from the language restriction.

Employers will also be required to make greater efforts to hire Canadians before they are eligible to apply for temporary foreign workers. Employers are now required to advertise available positions in Canada for at least four weeks before applying for an LMO and this applies to all advertising methods. In addition to advertising on the national Job Bank website or the equivalent provincial/territorial websites, employers are required to prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation. For higher-skilled occupations, one of the methods must be national in scope and for lower-skilled occupations employers must demonstrate that efforts were made to target under-represented groups in the labour force. Employers must also continue to actively seek qualified Canadians to fill the advertised positions until and LMO has been issued.

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