If your Post-Graduation Work Permit (PGWP) is nearing its expiration, you might be wondering how to continue working in Canada. One of the best options available is transitioning to a Temporary Foreign Worker Program (TFWP) work permit. This employer-specific permit allows you to stay and work in Canada, but only for the employer listed on the permit.
In this article, we’ll guide you through everything you need to know about switching from a PGWP to a TFWP work permit, including:
- What a TFWP work permit is;
- How to obtain a Labour Market Impact Assessment (LMIA);
- Current restrictions on LMIA processing; and
- The step-by-step process to apply for a TFWP work permit.
Let’s get started!
What Is a TFWP Work Permit?
A TFWP work permit is an employer-specific work permit that allows you to work in Canada for a designated employer. Unlike the PGWP, which is an open work permit, the TFWP work permit ties you to a specific job and employer.
To obtain a TFWP work permit, your employer must first secure a positive or neutral LMIA from Employment and Social Development Canada (ESDC). This document proves that hiring a foreign worker will not negatively impact the Canadian labor market.
What Is an LMIA and Why Is It Important?
An LMIA is a crucial document in the TFWP work permit process. It demonstrates that there is a genuine need for a foreign worker because no Canadian citizen or permanent resident is available to fill the position.
Here’s what you need to know about the LMIA process:
- Employer’s Responsibility: Only your employer can apply for an LMIA.
- Positive or Neutral Result: The LMIA must show that hiring you will not harm the Canadian labor market.
- Validity: An LMIA is valid for six months, after which a new one must be obtained if you wish to renew your work permit.
Current Restrictions on LMIA Processing
In 2024, the Canadian government introduced new restrictions on LMIA processing to protect the domestic labor market. Some of these restrictions include:
- Low-Wage Positions: LMIA applications for low-wage positions in census metropolitan areas (CMAs) with an unemployment rate of 6% or higher are not processed.
- Cap on Low-Wage Positions: Employers cannot exceed a certain proportion of low-wage positions in their workforce.
- Ineligible Employers: Companies on IRCC’s ineligible employers list or those involved in the adult entertainment industry cannot apply for LMIAs.
It’s essential to check if your job and employer meet the current LMIA requirements before proceeding.
How to Discuss an LMIA with Your Employer
If you’re currently employed or interviewing for a job, it’s crucial to have a conversation with your employer about the LMIA process. Here’s how to approach it:
- Inform Your Employer: Let them know how much time you have left on your PGWP.
- Explain the LMIA Process: Provide information about the steps involved and the benefits of hiring you long-term.
- Offer Assistance: Help your employer gather the necessary documents and information for the LMIA application.
Starting the LMIA process early is key, as it can take several months to complete.
Steps for Employers to Obtain an LMIA
If your employer agrees to support your LMIA application, they’ll need to follow these steps:
- Identify the NOC Code and Wage Rate: Determine the National Occupation Classification (NOC) code and wage rate for your position.
- Advertise the Job: The job must be advertised to Canadians and permanent residents for at least 30 days.
- Prepare the Application: Collect all required documents, including proof of recruitment and business legitimacy.
- Submit the Application: Create a Job Bank account and submit the LMIA application online.
- Pay the Fee: The LMIA processing fee is CAD $1,000.
Once the LMIA is approved, your employer will provide you with the LMIA number and a job offer letter, which you’ll need for your work permit application.
How to Apply for a TFWP Work Permit
After receiving a positive LMIA, you can apply for a TFWP work permit. Here’s how:
- Create an Online Account: Sign in to your IRCC account and answer the questions to generate a personalized document checklist.
- Gather Required Documents: These include the job offer, LMIA, proof of qualifications, language test results, and a valid passport.
- Submit the Application: Fill out the form, upload the documents, and pay the work permit fee of CAD $155.
- Provide Biometrics (if required): Pay the biometrics fee and schedule an appointment to provide fingerprints and a photo.
Maintained Status: Can You Keep Working While Waiting?
If you apply for a TFWP work permit before your PGWP expires, you can benefit from maintained status (formerly called “implied status”). This allows you to continue working under the conditions of your PGWP while your new application is being processed.
However, maintained status only applies if you remain in Canada. If you leave the country, you may lose your status and ability to work.
How Long Does the Transition Take?
The entire process of transitioning from a PGWP to a TFWP work permit can take six to eight months. Here’s a breakdown of the timeline:
| Stage | Description | Estimated Time |
|---|---|---|
| Advertising the Job | Employer advertises the position for 30 days | 30 days |
| LMIA Processing | ESDC processes the LMIA application | 68-76 days |
| Work Permit Application | IRCC processes the work permit application | 114 days |
| Total Time | 212-220 days |
To avoid gaps in your work authorization, start the process at least eight to ten months before your PGWP expires.
Fast-Track Option: The Global Talent Stream
If you work in the tech industry, you may qualify for the Global Talent Stream (GTS), which offers faster LMIA processing. Under the GTS, LMIAs are processed within 10 business days, and some positions are exempt from advertising requirements.
To be eligible, you must meet the criteria for either Category A (unique and specialized talent) or Category B (jobs on the global talent occupations list).
What’s Next?
Transitioning from a PGWP to a TFWP work permit can be complex, but with the right preparation, you can continue building your career in Canada. If you’re unsure about the process or need assistance, consider scheduling a work permit consultation with an immigration professional.
By taking proactive steps, you can secure your work permit and maintain your status in Canada. Don’t wait—start your application today!
