How to come to Canada as a Temporary Foreign Worker under the Global Talent Stream

The Global Talent Stream (GTS) is one of major parts of Canada's Temporary Foreign Worker Program (TFWP). The GTS was launched on June 12, 2017 as the two-year pilot project of the Immigration, Refugees and Citizenship Canada (IRCC) in collaboration with the Employment and Social Development Canada (ESDC). 

According to data released in June 2019, almost 40,000 foreign workers came to Canada through the GTS during the first two years of its existence as a pilot project, while more than 1,100 Canadian employers had used the GTS to recruit top-talented workers from abroad. Due to its success, and significant benefits to the Canadian labour market, the GTS became a regular immigration program in 2019, and in 2021, approximately 5,000 work positions in Canada were filled through the GTS, which is also a part of the Global Skills Strategy (GSS). This strategy is promoting faster application processing time, so work permit can be obtained in 2 weeks, while the Labour Market Impact Assessment (LMIA) can be issued in 8 days. As of April 4, 2022, employers submitting an LMIA application for a high-wage position may request an employment duration up to 3 years.

When the validity of the LMIA is in the matter, as per the newest update from May 1, 2024, the LMIA is valid for up to 6 months after the date of issuance. When an employer receives from ESDC a decision letter confirming the LMIA is positive, then employees can use the copy of it to apply for a work permit. 

On the other side, the IRCC and the ESDC had announced Decommission of Data Gateway, so the Data Gateway will be no longer available as of September 3, 2024. Consequently, the LMIA applications must be submitted using reliable and secure LMIA Online Portal, which is Pilot with Job Bank, and allows Canadian employers and third-party representatives (on behalf of employers) to submit their LMIA applications to the ESDC electronically. 

In order to sign in to the LMIA Online Portal, employers must first register the business on Job Bank and then create their own user account on Job Bank. If they have a third-party representative when applying for the LMIA, both a third-party representative and the employer (i.e., the owner or an employee of the business) must have a personal user account on Job Bank. They must also both be registered in the employer file for the business without a need to contact Job Bank to add new users or to added someone to an employer file since it can be done by the person who manages the employer file.

Under the Global Talent Stream (GTS), there are two categories of workers: LMIA-exempt and LMIA-required. 

Those workers who are LMIA-exempt, their job offer must be under the Training, Education, Experience and Responsibilities (TEER) category 0 or 1 of the National Occupational Classification (NOC), and they must apply online from outside Canada for an employer-specific work permit. Hence, the GTS work permits are “closed” permits. This means that GTS candidates may only work for the employer indicated on their work permit.

Workers who require LMIA, also have to apply online outside Canada but prior to it their employers must obtain from the ESDC a positive LMIA as a prerequisite for a work permit. Workers’ spouses, or common-law partners and dependent children are also eligible for 2-week processing applications of visitor visa, work permit and study permit but they must apply at the same time as the worker.

Although the GTS is a part of a Temporary Foreign Worker Program (TFWP), one year of work experience in Canada under the GTS work permit makes foreign worker eligible to apply for permanent residence in Canada under the Canadian Experience Class (CEC) by using the Express Entry System (EES).

If temporary foreign workers get a valid job offer through the GTS, they can gain an additional 50 or 200 CRS points of the Express Entry System - what can increase their chance to get from IRCC an invitation to apply (ITA) for permanent residence in Canada.

The GTS accepts the applications through two categories: Category A and Category B.

Category A of the GTS is designed for innovative companies in Canada, which requires unique and specialized talent to help them grow. To be qualified to recruit such talent, an innovative company must be referred to the ESDC by 1 (one) of the designated referral partners, confirming that the company meets the following eligibility criteria: it is operating in Canada; it has focus on innovation; it has a willingness and capability to grow; it requires unique and specialized position in the company, and it has identified a unique and specialized foreign worker to hire for that position, which has at least $38.46 hourly wage, minimum  $80.000 annual base salary or equivalent to the prevailing wage; advanced knowledge of the industry; advanced degree in an area of specialization of interest to the employer, and/or minimum 5 years of experience in the field of specialized experience. 

The innovative company under Category A has to seek to fill one or two positions per calendar year (reset on January 1). The ESDC can take into consideration to approve some additional unique and specialized position but in that case the wage must be at least $72.11 per hour, $150,000 annual base salary or equivalent to the prevailing wage for that occupation, and Designated referral partner has to reconfirm to the ESDC that the employer meets eligibility criteria as well as its Labour Market Benefit Plan (LMBP) commitments under the GTS. “This plan outlines the positive benefits that foreign talent will bring to the Canadian labour market, and activities that the employer will undertake to encourage job creation, skills and training investments”.

Under the Labour Market Benefit Plan (LMBP) there are some activities that must be fulfill.

Firstly, there are activities that give compulsory benefits. 

For Category A that means to create jobs for Canadian citizens and permanent residents, and for Category B it means increase skills and invest in training of Canadian citizens and permanent residents.

Secondly, there are activates that give complementary benefits to Canada, which are only required as part of an employer's first GTS application. 

However, compulsory benefits cannot match the complimentary benefits.

Therefore, if the employer is applying for both categories (A and B), they must have one activity for creating jobs; one activity to invest in skills and training and a minimum of two complimentary activities which are part of the Labour Market Plan. 

These benefits may include, but are not limited to, job creation, investment in skills and training, transferring knowledge to Canadian citizens and permanent residents, and/or improving company performance. 

Activities to support these benefits may include, but are not limited to, hiring more Canadian citizens or permanent residents, training current employees in new techniques, creating paid co-op or internship programs for local students, and/or increasing revenue and investments.

Conversely, Category B of the GTS is designed for employers in Canada that need to hire highly skilled foreign workers for occupations in-demand that are on the ESDC’s Global Talent Occupation List. 

Although there is no need for a referral to apply to Category B, there are two requirements to hire a foreign worker under this Category: an occupation must be listed on the Global Talent Occupation List and Canadian employer must offer the hourly prevailing wage rate at a minimum. 

No matter that there is no specific education and work experience in general requirements for Category B, each occupation on the Global Talent Occupation List has its education and, in some instances, work experience requirements as per their NOC code - just like it is represented in the following non-exhausting Global Talent Occupation List under Category B (Modified on August 7, 2024), which displays NOC 2011 codes and NOC 2021 codes, although some NOC codes are duplicated in this table as a result of the NOC migration. 

Thus, the first NOC code in this list represents NOC 2011 and the second NOC code, in the brackets, represents NOC 2021:

• NOC 0213 (20012) - Computer and information systems managers                                                   [prevailing wage (annual salary) and hourly rate]

• NOC 2147 (21311) - Computer engineers (except software engineers and                                            designers) – [prevailing wage (annual salary) and hourly                                            rate)

• Sub-set of 2161 (Sub-set of 21210) - Mathematicians and statisticians (except                                                                    actuaries or related occupations that are                                                                    excluded from this subset) - [prevailing                                                                    wage (annual salary) and hourly rate]

• NOC 2171 (21211) - Data scientists; 21220 - Cyberspace specialists, etc. -                                         Information systems analysts and consultants (prevailing  wage for annual salary and hourly rate)

• NOC 2172 (21211) - Database analysts and data administrators [prevailing wage                                      (annual salary) and hourly rate]

• NOC 2173 (21231) - Software engineers and designers [prevailing wage                                              (annual salary) and hourly rate

• NOC 2174 – (21230) Computer programmers and interactive media developers                                        [prevailing wage (annual salary) and hourly rate]

• NOC 2175 (21233) - Web designers and developers [prevailing wage (annual                                         salary) and hourly rate

• NOC 2241 (22310) - Electrical and electronics engineering technologists and                                         technicians [$86,000 or higher prevailing wage (annual                                         salary); $41.35 or higher prevailing wage (hourly rate)]

• NOC 2281 (22220) - Computer network technicians (NOC 2021occupations:                                         Computer network and web technicians) – [$85,000 or                                         higher prevailing wage (annual salary); $40.87 or higher                                         prevailing wage (hourly rate)]

• NOC 2283 (22222) - Information systems testing technicians [$85,000 or                                            higher prevailing wage (annual salary); $41.03 or higher                                            prevailing wage (hourly rate)]

• Sub-set of 5131(Sub-set of 51120) - Producer, technical, creative and artistic                                                           director and project manager – Visual                                                                   effects and video game [$85,000 or higher                                                                   prevailing wage (annual salary); $40.87                                                                   or higher prevailing wage (hourly rate)];                                                                   3 years of work experience

• Sub-set of 5241 (Sub-set of 52120) - Digital media designers: [$80,000 or higher                                                              prevailing wage (annual salary); $38.46                                                              or higher prevailing wage (hourly rate)];                                                              3 years of work experience

All in all, the talent (foreign worker) must meet both the occupation as well as minimum wage requirements as it is indicated on the Global Talent Occupation List.

The prevailing wage is the highest of either:

• the median wage for the occupation on the Government of Canada’s Job Bank;  

• the wage within the range an employer pays current employees in the same position at the same location, with the same skills and experience; or

• the minimum wage floor as defined in the Global Talent occupations list (if applicable).

When the processing fees are in the matter, the fee for the GTA work permit is $150, and the GTA LMIA is $1000. 

Thus, when the GTS worker is not LMIA-exempt, the LMIA application process is very simplified since employers are not required to provide proof of their efforts to recruit a Canadian citizen or permanent resident.

Under the GTS, two new categories of workers are now exempt from the requirement to obtain a work permit.

Highly-skilled workers in a TEER category 0 or 1 occupations of the NOC may enter Canada to work for 15 days in a six-month period, or for 30 days in a 12-month period, without obtaining a work permit.

Researchers working on research projects at a publicly-funded degree-granting institution or affiliated research institution may come to Canada to work for 1 period of 120 days in every 12 months, without requiring a work permit.

Therefore, if they’re eligible under the Global Skills Strategy (GSS), these workers (Highly-skilled workers and Researchers) don’t need a work permit to start working in Canada. However, they still do need a visitor record in order to get a social insurance number (SIN) from Service Canada. Their visitor record must list in the remark section that they are “authorized to work”. 

If these workers are not issued a visitor record with the correct condition, they cannot be issued a SIN.

Furthermore, these workers must stop working when their exemption ends but they can extend their stay in Canada. To work in Canada again, they have 2 options: to apply for a work permit from outside Canada, or wait until they are once again eligible to use the short-term work permit exemption.

The length of the wait between work permit exemptions depends on the length of the next exemption the worker wants to use.

After using any of the short-term exemptions, the worker must wait for 6 months until they can use a 15-day exemption or 12 months until they can use a 30-day or 120-day exemption.

Let say, if the worker entered Canada using the 15-day work permit exemption, they need to wait at least 6 months before they can use the 15-day exemption again.

The bottom line is that the Global Talent Stream (GTS) is a temporary residence program, and not a permanent immigration program, yet it can be used as a bridge towards permanent residence under the Canadian Experience Class and Express Entry System after the foreign worker works in Canada under the GTS work permit for one year and meets other eligibility criteria for permanent residence application as it is stipulated in the Immigration and Refugee Protection Act (IRPA). 

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