What are the delays for processing Canadian work permits?

What are the delays for processing Canadian work permits?

Are you using foreign workers to fill a local labor shortage? Or do you want to do it?

 

It doesn't matter whether it's to hire new foreign workers or renew an existing Canadian work permit. The first question you ask yourself is surely this:

 

"How long will it take to get this work permit?" "

 

This issue is all the more worrying as your SME must resolve this kind of problem as quickly as possible to ensure its proper functioning.

 

Unfortunately, on the Immigration, Refugees and Citizenship Canada (IRCC) website, it is difficult to "get the truth" about processing times ... Several "variables" can speed up or slow down the process for obtaining a work permit.

 

The 5 main factors that determine the delays in obtaining or renewing a work permit for a foreign worker in Canada

1. Your type of foreign worker program

There are different programs that suit your needs as an employer. Some process work permit applications more quickly than the Temporary Foreign Worker Program (TFWP).

 

For example:

 

The "Express Entry" program hires skilled foreign workers and supports their permanent visa application. To do this, your application must meet the criteria of the Skilled Worker Program (federal) or the Skilled Trades Program (federal).

The “Global Talent Stream” program is the fastest to process requests. It is used to recruit highly skilled workers with unique and specialized skills.

2. The need for a Labor Market Impact Assessment (LMIA)

In most cases, the employer must obtain an LMIA from Employment and Social Development Canada (ESDC). Even if you had previously obtained a positive LMIA for a certain type of job, you will need to reapply to extend or modify the existing work permit associated with it.

 

Note that in a recent notice (August 2019), Employment and Social Development Canada reported that there were delays in processing requests for labor market impact assessments:

 

“We are currently receiving a large number of LMIA applications, resulting in longer processing times for some components of the Temporary Foreign Worker Program. "

 

According to this opinion, the average common delays for LMIA processing are as follows:

 

Global Talent Stream: 10 business days

Agricultural component: 30 working days

Seasonal Agricultural Worker Program: 15 working days

Permanent residency stream: 40 working days

Home care providers: 25 business days

High-wage stream: 85 working days

Low-wage stream: 128 working days

This notice also specifies that LMIA requests for the Global Talent Stream have a service standard of 10 working days that is met 80% of the time and that those eligible for expedited processing have a processing time of 3 months.

 

3. Exemption from an LMIA

Sections 204 to 208 of the Immigration and Refugee Protection Regulations allow a work permit to be issued to a worker who is not required to obtain an LMIA. These LMIA exemptions are part of the International Mobility Program.

 

It will therefore be necessary to check whether your professional sector has an exemption code from the LMIA.

 

4. The province where your SME is located

We must also take into account the agreements with the provinces:

 

The Atlantic Immigration Pilot Program, for example, helps expedite applications in the Maritime provinces.

In Quebec, you may be required to have a Quebec Acceptance Certificate (CAQ) before obtaining a Canadian work permit for your foreign worker. If this is the case, then you should first contact the Ministry of Immigration, Diversity and Inclusion.

NB: According to the notice on delays for LMIA applications (August 2019), the processing times indicated above for the various programs are calculated based on the average of all processing centers in across Canada. This also explains why delays may vary depending on the province where you operate.

 

5. The way you send your request

Based on the "service standard", the count for processing begins on the first business day after receiving your request. This therefore means that it is faster and safer to complete the online forms for obtaining a Canadian work permit.