Contribution & distribution of temporary foreign workers across industries in Canada

Temporary foreign workers (TFWs) have been an integral part of the Canadian labour market. This is evident from the significant surge in the number of foreign nationals with effective work permit over the recent years. Around 4,70,000 foreign nationals have a work permit that became effective in 2019 as compared to 3,40,000 in 2017 and 3,90,000 in 2018.

Nevertheless, their contribution to the labour market could be severely impacted by the COVID-19 pandemic and the measures taken by governments at all levels to contain the spread of the virus. Even though TFWs are allowed to enter Canada, there is a high probability of downsize or delay in the availability of new TFWs due to travel restrictions in some source countries, their unwillingness to travel due to the fear of virus infection, and the mandatory 14-day self-isolation policy upon arrival. Additionally, many businesses are temporarily closed or are operating considerably below their full capacity, which could lead to disproportionate layoffs among temporary foreign workers.

The possible shortages of TFWs, in the sectors with significant employment share, may have a substantial impact on the performance and survival of the firms during and after the pandemic period.

Proportion of temporary foreign workers, selected industries

Note: NAICS = North American Industry Classification System
Source: Statistics Canada, Canadian Employer–Employee Dynamics Database

TFWs are more concentrated in specific subsectors. For example, 27.4% of employees in crop production where TFWs accounted for 41.6% of the agricultural workers in Ontario, and over 30% of the agricultural workers in Quebec, British Columbia and Nova Scotia during 2017.

Some non-agricultural industries that are continuing to operate during the COVID-19 pandemic also have a relative high share of TFWs such as private household services (9.8%), gasoline stations (8%), warehousing and storage (4.3%), and food manufacturing (3.4%).Therefore, possible shortages of TFWs may have a significant impact on the performance and survival of these firms during and after the pandemic period.

Though, it is too early to understand the implications of COVID-19 pandemic on the supply and demand for TFWs, the analysis provides important implications for the possible delays in the inflow of new TFWs that could affect essential services during the pandemic and the upcoming economic recovery period. This may have a particularly strong effect on the agriculture sector, given that the timing of pandemic coincides with the period of highest demand for seasonal agricultural foreign workers who primarily come to Canada in the spring and early summer.

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Contact us for consultation and assistance

BC-Provinicial Nominee Program issues 279 invitations in latest draw

BC government held its Provincial Nomination Program (PNP) draw on June 02, 2020 issuing 279 invitations including 38 entrepreneur candidates and another 241 Skilled Worker and International Graduate candidates.

The cut-off score for subcategories 

Skills Immigration Skilled Worker 105 | International Graduate 105 | Entry Level and Semi-Skilled 81

Express Entry BC Skilled Worker 105 | International Graduate 105

Impact of the COVID-19 pandemic on B.C. businesses has been observed to affect the BC Provincial Nominee Program (BC PNP) draw. The COVID-19 outbreak has had an impact on the provincial economy in an unprecedented way. Some sectors have been affected more significantly than others. In consideration of the above, the BC Provincial Nominee Program (BC PNP) has issued Invitations to Apply, however the following occupations were excluded from the draw:

0621 – Retail and wholesale trade managers ǀ 0631 – Restaurant and food service managers ǀ 0632 – Accommodation service managers ǀ 0651 – Managers in customer and personal services ǀ 1123 – Professional occupations in advertising, marketing and public relations ǀ 1221 – Administrative officers ǀ 1241 – Administrative assistants ǀ 6211 – Retail sales supervisors ǀ 6313 – Accommodation, travel, tourism and related services supervisors ǀ 6322 – Cooks ǀ 6421 – Retail salespersons ǀ 6512 – Bartenders ǀ 6521 – Travel counsellors ǀ 6523 – Airline ticket and service agents ǀ 6525 – Hotel front desk clerks ǀ 6532 – Outdoor sport and recreational guides ǀ 6562 – Estheticians, electrologists and related occupations ǀ 6611 – Cashiers ǀ 6711 – Food counter attendants, kitchen helpers and related support occupations ǀ 6722 – Operators and attendants in amusement, recreation and sport ǀ 3236 – Massage therapists ǀ 6311 – Food service supervisors ǀ 6321 – Chefs ǀ 6341 – Hairstylists and barbers ǀ 6511 – Maîtres d’hôtel and hosts/hostesses ǀ 6513 – Food and beverage servers ǀ 6522 – Pursers and flight attendants ǀ 6524 – Ground and water transport ticket agents, cargo service representatives and related clerks ǀ 6531 – Tour and travel guides ǀ 6531 – Tour & Travel Guides ǀ 6533 – Casino occupations ǀ 6564 – Other personal service occupations ǀ 6621 – Service station attendants ǀ 6721 – Support occupations in accommodation, travel and facilities set-up services ǀ 6731 – Light duty cleaners

Impact of COVID-19 on BC PNP Clients and Operations:

Office & in-person inquiries are closed but BCPNP will continue to respond to emails and telephone inquiries within 5 business days. Applicants can submit their registration if they meet the eligibility requirements for the category they are applying to. BCPNP will receive and process applications for both Entrepreneur Immigration and Skills Immigration categories.

Due to COVID-19, if your employer has reduced their business hours or they do not currently have the minimum number of employees on payroll:

  • If you have not yet registered, and your employer no longer meets the employer eligibility criteria to support your BC PNP application, you should delay your registration until your supporting employer can meet the employer criteria for the BC PNP.

If you have already applied, and your employer no longer meets the eligibility criteria to support your BC PNP application:

  • Please email BCPNP with any updates to your employment situation. They will take this into consideration when assessing your application.
  • You may withdraw your application by sending BCPNP an email. If processing of your application has not started, you may be eligible for a refund.

Due to COVID-19, your employer had to temporarily close their business and if you have now been laid off:

  • If you have not registered yet, and your current employment does not meet the eligibility criteria of the category you would like to register and apply to, you should ensure you first meet the criteria for that category. You should do this before submitting a registration.
  • If you have registered, but you have not been invited to apply, and your current employment no longer meets the category’s eligibility criteria, you have the option of withdrawing your registration. You can resubmit a registration once you meet the eligibility criteria.
  • If you have received an invitation to apply and your current employment does not meet the category’s eligibility criteria, you have the option of declining the invitation to apply. When the business re-opens and you are working again, you can re-register with updated information and wait for the next draw.
  • If you have already applied, and your employment no longer meets the category’s eligibility criteria, please email BCPNP with any updates to your employment situation. BCPNP will take this into consideration when assessing your application.
  • You may withdraw your application by sending BCPNP an email. If processing of your application has not started, you may be eligible for a refund.

If you are not able to get required documents (transcripts, language test, personal net worth verification report, etc.) before the deadlines:

  • Before you register for Skills Immigration, BCPNP expect that you already have gathered or have easy access to all required documentation. If this is not the case, .
  • wait to register as you will have 30 days to apply should you be invited.
  • If you have already applied, and BC PNP staff have requested information or documents that you are not able to get, please email BCPNP will take this into consideration when assessing your application.
  • If you are experiencing a delay in applying to the Entrepreneur Immigration stream, please email BCPNP describing your specific circumstances. BCPNP will take this into consideration when assessing your application.

Please visit BCPNP’s COVID-19 Operational Updates page for up-to-date information. 

Contact us for consultation and assistance!

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

 

Temporary Foreign Worker Program updated with increase in Median Hourly Wages

The wage and the location for the position determines if the employer needs to apply for a Labour Market Impact Assessment under the Stream for High-wage Positions or the Stream for Low-wage Positions, each with their own requirements. Median hourly wages have gone up in most Canadian provinces and territories w.e.f.  May 11, 2020.

                                                                                               Source: Statistics Canada, Labour Force Survey, 2018 and 2019

Hiring TFWs amid Coronavirus outbreak and travel restrictions

The Government of Canada is also taking measures to improve flexibility and reduce the administrative burden for employers. The following measures are being applied to all existing and new LMIA applications as they are received:

  • employers are not required to submit minor administrative changes to the LMIA that would not change the terms and conditions
  • recruitment requirements for LMIAs in key occupations related to the agriculture and agri-food sectors are being waived until October 31, 2020.
  • LMIAs in key occupations related to the agriculture and agri-food sectors will be prioritized for processing.
  • the maximum duration of employment under LMIAs is increased from 1 to 2 years for employers of workers in the low-wage stream as part of a three-year pilot
  • employers applying under the Agricultural stream or Seasonal Agricultural Worker Program can submit a previously valid Housing Inspection Report (HIR), and
  • the name changes processes for employers wishing to change the name of already identified foreign worker, for reasons related to COVID-19, has been expedited

In response to economic downturn caused by COVID-19, the federal government has announced broad measures to protect Canadian jobs and facilitate funding to Canadian businesses.

Large Employer Emergency Financing Facility (LEEFF) program will provide bridge financing of at least $50 million to large employers in order to keep running their operations.

In addition to LEEFF, government also launches Business Credit Availability Program (BCAP) providing support of more than $10 billion to small and medium sized business under Business Credit Availability Program (BCAP).

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

 

Compliance obligations for employers hiring temporary foreign workers during COVID-19

Employers hiring foreign workers in this current COVID-19 pandemic situation have a specific responsibility in helping to prevent the introduction and spread of the coronavirus. The Government of Canada has introduced new public health and safety requirements and guidance to facilitate the entry of temporary foreign workers (TFW’s). New regulations in the Immigration and Refugee Protection Regulations (IRPR) have also created additional obligations for employers considering COVID-19 pandemic. The compliance inspections can be random, based on suspected non-compliance or previous non-compliance. According to the Regulatory Impact Analysis Statement of the Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act): SOR/2020-91, new measures allow inspections to be initiated in other situations: when a communicable disease presents at the workplace of a foreign worker or when a foreign worker is or was required to comply with an order of the Quarantine Act.

Compliance obligations related to COVID-19

  • The foreign worker must self- quarantine for a 14- day period upon entering. Forcing a foreign worker to show up to a workplace during the 14-day period would be considered to be a violation of the new requirement.
  • The employer cannot authorize the foreign worker to work during the quarantine period, even if requested by the worker. There are exceptions for those deemed as providing an essential service by the Chief Public Health Officer. In addition, the employer cannot ask the worker to perform other duties during that period, such as building repairs or administrative tasks.
  • The foreign worker’s employment period begins upon their arrival to Canada, and includes the initial 14 – days of mandatory quarantine period.
  • The employer must pay regular wages and benefits to the foreign worker for the quarantine period based on the hourly wage indicated on the LMIA and/or offer of employment.
  • The employer is asked to monitor the health of foreign workers who are in quarantine, as well as any employee who becomes sick after the quarantine period. If a foreign worker becomes symptomatic at any time, the employer should contact local public health officials.

Additional criteria for employers providing accommodations to TFW

  • The employer is required to house quarantining foreign workers in accommodations that are separate from those not subject to quarantine. This may require finding alternate accommodations (for example hotel) if this requirement cannot be met.
  • Self-isolating/quarantined foreign workers are separate from other foreign workers and remain at least 2 meters away from another person.
  • Cleaning products for the purpose of cleaning and disinfecting the accommodations regularly are provided to workers who are in isolation or quarantine.
  • For the duration of the quarantine period, the employer is asked to ensure that the accommodations do not prevent the worker from avoiding contact with older adults (65+) and those with medical conditions who are at risk of developing serious illness.

Penalties for non-compliance

If employer is found to be non-compliant as a result of a Service Canada inspection, specifically to the new IRPR requirements related to COVID-19, the department has the authority to apply the most severe consequences possible.

  • Administrative monetary penalties
  • A ban of one, two, five or ten years, or permanent bans on new LMIAs/work permits for the most serious violations
  • The publication on a list of non-compliant employers
  • The revocation of existing LMIAs/work permits

Implications for foreign workers

Under the Quarantine Act, temporary foreign workers (TFW’s) will be penalized if their actions are found to compromise public health. TFW’s convicted of violating an order would be unable to enter Canada for a year without permission through an Authorization to Return to Canada request.

The COVID-19 situation is rapidly evolving with new measures being adopted or modified at both the federal and provincial level. It is a challenging time for everyone, and employers and foreign workers are no exception. With new regulations and compliance, there are tools to protect public health and wage security amid COVID-19 pandemic. However, time will tell how the compliance regime deals with rapidly changing economic circumstances that are likely to impact employers.

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

COVID-19 : Incomplete study permit applications are accepted by the Canadian Government

The Canadian Government is accepting incomplete student permit applications from International Students. Study permit applications will not be refused because of missing documents due to COVID-19 pandemic and closures.

The COVID-19 pandemic has forced many visa application centres to close temporarily or limit their operations. As a result, applicants are unable to complete the essential components of their application: biometrics, medical examination, and submitting original travel documents.

Until further notice, IRCC offices will not refuse an application for non-compliance. IRCC officers will continue to request additional supporting documents or necessary actions (such as biometrics and medical exams) as part of the application process and will keep the applications open until documents are received or evidence is provided that action has been taken. The temporary measure will allow international students some flexibility in submitting study permit applications.

Overseas Study permit applications

IRCC is still accepting study permit applications from students who want to study in Canada. International students whose study permits were approved after March 18 will be sent a push notification advising them that they may not be exempt from temporary travel restrictions, and they should not make plans to travel to Canada until restrictions are lifted. Online studies at a Canadian Designated Learning Institution (DLI) will not hurt any future Post-Graduation Work Permit (PGWP) application for international students whose programs start in June or in the fall semester.

Study permit extensions (in Canada)

Due to school closures, some international students may be unable to obtain a letter of acceptance or proof of enrolment from their DLI. As a temporary facilitation measure, students applying to extend their status will be allowed to submit an extension application without a letter of acceptance or proof of enrolment. In lieu of the letter of acceptance, the applicant should submit a letter of explanation indicating that they are unable to submit the requested document due to their school’s closure. Once these documents become available, applicants should submit the documents using the IRCC Web form. If no documents are submitted by the time CPC-E is ready to process the application, the documents will be requested by the processing officer as per the instructions above. Students required to restore their status will also be able to submit an application without a letter of acceptance or proof of enrolment and should submit the documents once they become available using the IRCC Web form.

Compliance with study permit conditions

As a consequence of COVID-19, students who were studying in Canada prior to March 18, 2020 or whose programs of study began in May or June 2020 and whose programs of study are temporarily shifted to an online format will still be considered compliant with their study permit conditions if they remain enrolled at their DLI and continue to actively pursue their studies online. If a DLI closes permanently as a consequence of COVID-19, students in Canada should either enrol in a new program of study, change their status or leave Canada. For the purpose of assessing if a student is enrolled and actively pursuing their studies, any time taken to transition to a new DLI and program, change status or leave Canada should not exceed 150 days from the date the school closed. If the student does not intend to enrol in a new program of study and is unable to leave the country, they must apply for a visitor record or a work permit.

Student off-campus work authorizations

International students who have been forced to drop to part-time studies or take a break in their studies due to COVID-19 can continue to work on or off campus. They are still subject to the authorized number of hours they would have been permitted to work as a full-time student. For instance, full-time students during the winter 2020 semester who were forced to drop to part time and complete their courses via distance learning are authorized to work off campus for up to 20 hours per week during regular academic sessions and full time during the DLI’s regularly scheduled breaks.

New rule allows international students to work full-time during COVID-19 outbreak

IRCC has temporarily removed the condition that allows international students to work a maximum of 20 hours per week during regular academic sessions, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods. This temporary change is in place until August 31, 2020. Services and functions that may be considered essential are included in the government’s Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic. Officers can refer to the list for information purpose only.

Requests for additional documents on open applications

  • Until further notice, officers may continue to request any necessary additional documents or impose regulatory requirements for processing in relation to all temporary residence, permanent residence and citizenship applications in Canada and abroad, including police certificates, biometric enrolments, passports and medical examinations, as follows:
  • When additional documentation is required to make a decision on the application, processing officers should send a request letter and allow 90 days for the applicant to respond.
  • If a request for additional documentation was previously sent but the applicant was unable to comply within the deadline, processing officers should bring forward the application and allow an additional 90 days for the applicant to respond.
  • If the time has expired after receiving the 90-day request letter and the applicant has not submitted the additional documentation, the processing officer should send an additional request letter and allow 90 days for the applicant to respond.
  • Until further notice, applicants will not be refused for non-compliance.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!