Global Talent Stream
Overview
The Global Talent Stream (GTS), part of the Temporary Foreign Worker Program (TFWP), offers expedited access to highly skilled and specialized temporary foreign workers (TFWs). It is designed to help innovative Canadian firms grow by hiring unique and specialized TFWs. The GTS also assists Canadian firms in filling positions listed on the global talent occupations list with highly skilled TFWs.
Eligibility
You may qualify for Category A of the Global Talent Stream (GTS) if your business has been referred by one of the program's designated referral partners and you are hiring a person with unique and specialized skills to help scale your business.
If the occupation you are hiring for is listed on the global talent occupations list, it will be processed as a Category B application, and you must meet Category B requirements.
Alternatively, you may be eligible for Category B of the GTS if you are looking to hire highly skilled temporary foreign workers (TFWs) for positions in demand, as specified on the global talent occupations list. A referral is not needed for Category B eligibility.
As an employer applying through the GTS, you must comply with all program requirements. Additionally, you must adhere to the conditions and regulations set forth in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act when hiring a TFW.
The Temporary Foreign Worker Program (TFWP) has measures in place to verify employer compliance. Employers who fail to meet these requirements will face consequences for non-compliance.
Processing Fee
A fee of $1,000 is required for each position requested to cover the cost of processing your Labour Market Impact Assessment (LMIA) application.
Payment of the processing fee (in Canadian dollars) can be made using:
- Visa
- MasterCard
- American Express
- Certified cheque (payable to the Receiver General for Canada)
- Money order (payable to the Receiver General for Canada)
- Bank draft (payable to the Receiver General for Canada)
The processing fee is non-refundable if your application is withdrawn, canceled, or receives a negative decision. Refunds are only issued if a fee was collected in error. The processing fee cannot be paid by or recovered from the temporary foreign workers.
Recruiters
A recruiter or anyone recruiting for the employer is defined as someone who:
- Finds or attempts to find an individual for employment with the employer, or
- Assists another person in finding or attempting to find an individual for employment with the employer, or
- Refers a temporary foreign worker (TFW) to another person who finds or attempts to find an individual for employment with the employer.
Certain provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure compliance with those requirements. As an employer, you are also accountable for the actions of anyone who recruits on your behalf.
New Employers
Employers who have not hired a TFW in the six years prior to submitting a Labour Market Impact Assessment (LMIA) application will undergo a review. The employer must demonstrate that they have made reasonable efforts to provide a workplace free of abuse and that they are not affiliated with an employer who is ineligible for the TFWP or in default of any amount payable in respect of an administrative monetary penalty.
A workplace free of abuse includes:
- Proactive efforts to prevent workplace abuse
- Reactive measures to stop abuse
An affiliate includes an employer that is controlled by another employer, two employers under common control, or employers that do not operate at arm’s length.
Business Legitimacy
All employers applying to the TFWP must provide documentation with their LMIA application, including a GTS application, to demonstrate that their business and job offer are legitimate.
Labour Market Benefits Plan
A Labour Market Benefits Plan is a key requirement for employers applying through the Global Talent Stream (GTS). This plan outlines how the hiring of temporary foreign workers (TFWs) will benefit the Canadian labor market.
Key Components of the Plan
- Job Creation: Employers must demonstrate how hiring TFWs will lead to the creation of jobs for Canadians and permanent residents.
- Skills and Training: Employers need to show their commitment to investing in skills and training for Canadians and permanent residents.
- Transfer of Knowledge: Employers should explain how the TFWs will transfer their specialized knowledge and skills to Canadian employees.
- Company Growth: Employers must outline how hiring TFWs will contribute to the overall growth and innovation of the company.
- Enhanced Business Practices: Employers should describe how the TFWs will help improve business practices and increase competitiveness in the global market.
Requirements
- Primary Benefits: Employers must commit to two primary benefits, such as job creation and skills and training investments.
- Complementary Benefits: Employers must also commit to providing complementary benefits, such as enhanced company performance and knowledge transfer.
Submission and Compliance
- Detailed Plan: The Labour Market Benefits Plan must be detailed and specific, outlining clear and measurable benefits.
- Monitoring and Reporting: Employers are required to regularly report on the progress and outcomes of the commitments made in the Labour Market Benefits Plan.
- Compliance Reviews: The Government of Canada will conduct periodic reviews to ensure employers are meeting their commitments.
Job Duties and Working Conditions
Temporary foreign workers (TFWs) hired through the Temporary Foreign Worker Program (TFWP) must perform only the duties associated with the specific occupation for which they were hired.
Canadian law safeguards all workers, including TFWs, against exploitation, which is deemed a violation of Canadian laws and human rights.
Employers are required to:
- Pay TFWs for all hours worked, including overtime as mandated by law
- Provide workplace safety insurance
- Offer the same benefits as those provided to other employees
- Not confiscate TFWs' identification
Most employment matters, including hours of work, working conditions, and termination, are governed by provincial or territorial labor and employment standards legislation. Each province or territory has a Ministry of Labour that can offer assistance to both employers and TFWs with any work-related questions or issues.