The Global Talent Stream offers predictable, responsive, and timely client-focused service. The service helps in accessing highly skilled global talent. This helps Canada expand its workforce and be competitive in the global market.
The scheme has been designed for innovative firms that are referred to as Employment and Social Development Canada. The reference is done by a designated referral partner so that they could get access to specialized talent to grow and scale-up.
• Category A
Eligibility to category A of the Global Talent Stream is possible if you have been referred by any of the designated partners. You should also be hiring specialized and unique talent.
• Category B
Eligibility to category B is possible when you choose to hire foreign workers (highly-skilled) to occupy different positions in many occupations.
The Global Talent Occupations List will have a complete list of occupations that are specified in category B.
A reference is not a requisite for eligibility to category B.
Employers who apply through the Global Talent Stream should comply with the program requirements specified by the stream. The rules and conditions in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act should be upheld when hiring temporary foreign workers.
The Temporary Foreign Worker Program has different safeguards to ensure employers comply with the requirements. If employers don’t comply with the requirements of the program, they will be subject to the consequences.
For each position a processing fee of $1,000 is requested under the Global Talent Stream. The processing fee is used to cover the cost of processing the application. The processing fee payment can be made using:
• Mastercard
• Visa
• American Express
Refund of the processing fee is not possible if the application is withdrawn or cancelled. Negative assessment will also nullify the refund. Only when the processing fee is collected in error, refunds are issued.
The temporary foreign workers will not be paying the processing fee. The fees cannot be recovered from them either.
The third-party information sections of the application should be filled if you choose to use third-party representatives (paid or unpaid). The cost for the services of a paid representative cannot be recovered from the temporary foreign worker.
The information provided in the application form about the third-party representative will be verified. The verification will also help provide the Labour Market Benefits Plan. It will also include commitments that are specific to the employer.
Global Talent Stream will not mediate between the employer and the third-party representative. Complaints to the regulatory body will also not be communicated on your behalf.
Paid Third-Party Representatives
When you want to hire a temporary foreign worker under the Temporary Foreign Worker Program, you can choose a third-party representative to act on your behalf.
The paid third-party representative should be authorized to receive any type of payment or collect a fee on your behalf. They should also be able to advise you during the application process.
Unpaid Third-Party Representative
An unpaid third-party representative will also be able to assist you but they are not authorized to receive any kind of payment or collect a fee for rendering service. An unpaid third-party representative can be the following:
• Friend
• Family Member
• Religious Organization
• Not for Profit Group
All employers must supply documents along with Labour Market Impact Assessment application when they are applying to TFWP (Temporary Foreign Worker Program). The Global Talent Stream application should also be enclosed with this to prove that the job and business offer is legitimate.
A Labour Market Benefits Plan should be developed when you work with ESDC (Employment and Social Development Canada). The plan will demonstrate your commitment to different activities that will have a positive impact on the labor market in Canada.
The labor plan will help the government of Canada to identify and track skills, job creation, and overall training investments. The commitments in the Labour Market Benefits Plan are divided into:
• Mandatory Benefits
• Complementary Benefits
If one of the designated partners of Global Talent Stream refers you and you seek to hire specialized and unique talent (Category A), you should commit to creating jobs for permanent residents and Canadians.
This will be your mandatory benefit. If you are an employer in Canada and seek to hire foreign workers to fill positions in different occupations specified in the list, you should undertake to increase the training investments and skills for permanent residents and Canadians.
This will be your mandatory benefit. In addition to the mandatory benefits specified in categories A and B, a commitment should also be made in the plan to create at least two complementary benefits. A minimum of one activity is to be planned for one benefit.
The benefits (complementary) identified in the plan by the employer should not be the same as the mandatory benefits. The complementary benefits include:
• Investment in training and skills
• Job creation
• Enhancing company performance
• Transferring knowledge to permanent citizens and Canadians
• Implementing best practices and policies as an employer for the workforce
If you are applying for job positions in both Category A and B, you need to commit to at least one activity as part of the investments in training and skills and one activity as part of the job creation benefit. Apart from this you should also commit to two complementary benefits.
The different activities that support mandatory and complementary benefits outlined in the plan includes:
• Increase the number of permanent residents and Canadians employed part-time and full-time by the employer.
• Provide internship opportunities for permanent residents and Canadians employed at the firm.
• Increase investment, employment, and growth of revenue at the firm.
• Enhance and establish an educational partnership with regional and local post-secondary institutes. These institutes will help support training and skills development.
• Develop and implement policies that support the hiring of groups that are underrepresented.
• Provide direct training to permanent residents and Canadians. This includes supporting employees to travel and attend conferences that help develop specialized skills.
If you have an approved plan and want to submit another application for additional positions to the Global Talent Stream, you don’t have to submit another plan.
If you make any additions or updates to the existing plan, you will have to include those in the plan.
Progress reviews of the Labour Market Benefits Plan is distinct and separate from those taken to review your compliance as an employer. Progress reviews are done annually by ESDC.
The reviews help in assessing how well the employer-specific commitments in the plan have been met. It helps in reporting the progress that the company has made in creating a positive impact on the Canadian labor market.
The first review is scheduled exactly one year after the plan is signed. The review dates will not change even when amendments are made to the plan.
Even though there is no minimum recruitment requirement, employers are encouraged to hire permanent residents and Canadians. This should be done before you offer a job to a temporary foreign worker.
The wages that are offered to temporary foreign workers should be similar to the ones that are paid to permanent residents and Canadians. The wages should be similar if the employees are offered the same job position and have the same skills and experience.
Employers should offer hourly wage rates at a minimum. This should be done for occupations with wage floors. The wages of temporary foreign workers should be adjusted and reviewed at least once annually. This will ensure that they continue to receive the prevailing wages for the job.
If the job requires additional years of experience and specialized skills, the wages that are offered to the employee should reflect these requirements. Only guaranteed wages are considered when employers determine the wage rate. Overtime, bonuses, and commissions are excluded from the wage rate.
The temporary foreign workers should only do duties that are specific for the job they are hired for. All workers including temporary foreign workers are protected by Canadian law. The exploitation of workers is a violation of human rights and Canadian law.
Most occupations are covered under territorial or provincial legislations that deal with employment standards and working conditions.
The temporary foreign worker hired under the Temporary Foreign Worker Program should be covered under territorial or provincial legislation pertaining to workplace safety. Private insurance plan can also be used by the employer to provide insurance cover to the temporary foreign workers.
French or English are the only languages that are identified as a job requirement in the job advertisement and application. If any other language is to be considered for the job then the employer must provide proper justification for it.
The employer should comply with all the requirements specified by the Temporary Foreign Worker Program. It is important to gain knowledge about the different compliance requirements. You should also gain knowledge about non-compliance and the subsequent consequences.
No case is to big or small. In the matters of immigration, nothing matters more than the firm and the people you choose to represent your interests.
