The Global Talent Stream (“GTS”) operates under the Temporary Foreign Worker Program (“TFWP”) as an efficient way for innovative Canadian firms to acquire the top foreign talent to fill a particular role when there is a shortage of domestic workers in that area.

All those hiring through the GTS, must get a Labour Market Impact Assessment (“LMIA”). An LMIA will confirm whether there is truly a need for a temporary foreign worker (“TFW”) due to the absence of Canadians or permanent residents who can fill the position that an employer is hiring for. Before applying to hire through the GTS, make sure that you need an LMIA. Companies looking to transfer highly skilled or managerial employees to its affiliate in Canada can avoid the LMIA process.

Program Eligibility

If you need an LMIA, then you can hire through the GTS. There are two categories to which employers can apply for the GTS: Category A and Category B.

Category A

To be eligible for Category A, an employer must meet two criteria:

1. A designated partner of the GTS has referred them to the program; and
2. The employer is hiring an individual to fill a unique and specialized position whose talent will help the employer “scale-up and grow”.[i]

WHAT DOES “UNIQUE AND SPECIALIZED” MEAN?

There are several markers of a unique and specialized position:

1. Compensation for a unique and specialized position will be the higher of an annual base salary of at least $80,000.00 ($38.46/hour), or the prevailing wage;
2. Advanced knowledge of a particular industry; and
3. An advanced degree in one of the employer’s areas of specialization, and/or at least five years of experience in this specialized field.

Essentially, an individual with unique and specialized talent would earn a higher-than-average wage and be extremely knowledgeable of the innovative field, either because of their education or job experience.

Category B

Category B, on the other hand, does not require referrals. An employer applying under this category will instead be looking to hire a highly skilled TFW to fill a position in one of the high-demand occupations mentioned on the Global Talent Occupations List.

How to Apply for an LMIA

Other than in Quebec, British Columbia, and Manitoba – for which certain parts of the GTS application are unique to those provinces – the process of hiring through the GTS is the same across Canada.

If you are an eligible employer – either under Category A or Category B – and you need an LMIA, these are the steps to follow to get permission from Employment Development Services Canada (“EDSC”) to hire a TFW for your open position:

1. Pay your processing fees;
2. Complete your Labour Market Benefits Plan (LMBP)
   1. The company must commit to at least one mandatory benefit and two complementary benefits in its LMBP;
   2. The LMBP will be negotiated with a program officer;
   3. Upon LMBP approval, the GTS LMIA can proceed.
3. Review and ensure your position abides by the GTS requirements for
   1. Wages;
   2. Business legitimacy;
   3. Duties and conditions;
   4. Health insurance;
   5. Workplace safety;
   6. Language;
   7. Employment agreements; and, if applicable
   8. Unionized positions.
4. Gather your supporting documents and apply for an LMIA through the portal.

Note that if you have not employed a TFW within the previous six years of your impending LMIA application, the EDSC considers you to be a new employer, which requires additional steps.[ii]

The Results of an LMIA

An LMIA will yield one of two results: positive or negative. A positive LMIA means that EDSC has determined that hiring a TFW in this circumstance will either have a positive or neutral impact on the Canadian labour market.[iii] A negative LMIA means the opposite and will be based on a number of aggravating factors.[iv] Only those employers who receive a positive result may hire talent through the GTS.

Conclusion

The information contained in this blog does not constitute legal advice. Please speak to an immigration lawyer if you have any questions/concerns relating to this blog or if you need help with an immigration law matter.

[i] Program requirements for the Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html#h19

[ii] New employers: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html#h6:~:text=on%20your%20behalf.-,New%20employers,-Employers%20who%20haven%E2%80%99t

[iii] Temporary Foreign Worker Program (TFWP): Positive Labour Market Impact Assessment (LMIA) Employers List: https://open.canada.ca/data/en/dataset/90fed587-1364-4f33-a9ee-208181dc0b97

[iv] Temporary Foreign Worker Program (TFWP): Negative Labour Market Impact Assessment (LMIA) Employers List: https://open.canada.ca/data/en/dataset/f82f66f2-a22b-4511-bccf-e1d74db39ae5