Immigration Lawyer
Global Talent Stream
Global Talent Stream
Certain skilled workers can obtain a work permit within two weeks of applying through the Global Talent Stream (GTS). It is one of Canada’s Global Skills Strategy elements, which intends to help innovative companies grow by ensuring they can access the high-skilled talent they promptly need.
Introduced in 2017, this new work stream is part of Canada’s Temporary Foreign Worker Program (TFW). It establishes a two-week standard for the processing period of work permit applications for exceedingly skilled talent, making this program the fastest immigration pathway for workers looking for a new life in Canada.
In order to be eligible for the Global Talent Stream, a Canadian employer must fit one of two categories: Category A or Category B.
Qualification for the Global Talent Stream
You have to comply with the TWF Program requirements if you are an employer applying for the Global Talent Stream. Additionally, there are conditions and rules set out in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act in regards to hiring a temporary foreign worker.
The TWF Program has procedures in place to verify and ensure employers compliance with these requirements. Employers who fail to follow these measurements in place can face consequences for non-compliance.
Category A Eligibility
If you have been referred to the Global Talent Stream by one of the Global Talent Stream’s designated partners and if you are hiring an individual with distinctive and specialized talent, then you may be qualified for Category A.
In other words, high-growth companies that can validate a need to recruit unique specialized workers from abroad to help their firm grow can fall under this category.
A designated referral partner must be able to validate that a company meets the following criteria at the time of each referral:
- Operates in Canada
- Focuses on innovation
- Willing to grow and can scale up their company
- Has identified a qualified foreign worker for potential hire into that unique and specialized position
You may be wondering, what indicates a unique and specialized position? The following are some points that identifies a unique and specialized position:
- Minimum $38.46 per hour ($80,000 annual base salary), or equivalent to the prevailing wage for the occupation if it is higher.
- Exceptional knowledge of the industry.
- Advanced degree in an area of specialization of interest to the employer.
- Minimum of five years of experience in the field of specialized experience.
Category B Eligibility
This category is for employers looking to hire certain high-skilled foreign workers to fill positions in occupations found on the Global Talent Occupations list. The occupations that are on the list have been determined to be in-demand and for which there is not enough domestic labour supply. This list updates from time to time to respond to labour market needs.
With either category, employers are required to meet conditions relating to the payment of experienced workers. Foreign workers hired through the Global Talent Stream must be paid at the prevailing wage or higher.
Service Standard
Employment and Social Development Canada (ESDC) is the department of the Government of Canada responsible for developing, managing and delivering social programs and services. Approximately 80% of the time, ESDC processes GTS applications within 10 business days. The ten-business day service standard begins on the business day after the application is received.
To reduce any chances of processing delays, ensure that your GTS application is as complete as possible and that your primary employer contact is available to address any possible questions from ESDC. If your primary and alternate employer contacts are unavailable or unresponsive to ESDC questions, the service standard may be suspended.
Using Third Parties & Representatives
- A member in good standing of a Canadian provincial or territorial law society or students-at-law under their supervision, or the Chambre des notaires du Québec
- Paralegal in the Province of Ontario’s law society
- A member in good standing of the Immigration Consultants of Canada Regulatory Council
- Family member or relative
- Friend
- Not-for-Profit organization
- Religious association
Recruitments
There is no minimum recruitment requirement for the Global Talent Stream; however, it is encouraged to recruit Canadians and permanent residents before offering a job to a temporary foreign worker. As part of your application, you will be asked to describe any recruitment efforts conducted.
Language Restrictions for Job Advertisements
The only languages you can identify as a job requirement in the application and job advertisement are English or French. If another language is necessary for the job, you have to provide a valid explanation on the application.
Work Permit Exemptions
Through the Global Talent Stream, two new categories of workers are now excused from the requirement to obtain a work permit.
High-skilled workers in skill type 0 or skill level A occupations of the National Occupational Classification (NOC) may enter Canada to work for 15 days in a six-month period, or for 30 days in a 12-month period, without having a work permit. Researchers working on research projects at a publicly-funded degree-granting institution or affiliated research institution can come to Canada for 120 days in a 12-month period, with no work permit.
Responsibilities on the Job and Working Conditions
The temporary foreign workers hired through the TFW Program are required to only perform duties that correspond to the occupation they were hired for. Canadian law protects all workers in Canada, including temporary foreign workers. Any form of exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.
Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as the following:
- Hours of work, and that includes overtime
- Compensation
- Working conditions
- Termination of employment
Additionally, employers must always guarantee that the temporary foreign workers hired under the TFW Program are covered under the provincial or territorial workplace safety insurance provider, where required by law.
Wages for the Global Talent Stream
Salaries or hourly earnings offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience. For the purpose of the GTS, you have to pay the prevailing wage which is defined as the highest of either:
- The regional median hourly wage posted on Job Bank.
- Under Category A, for the first two unique and specialized positions requested by an employer, at least $38.46 per hour or a salary that is no less than $80,000 annually.
- More than two unique and specialized positions requested by the employer under Category A, at least $72.11 per hour or a salary that is no less than $150,000 annually.
- Under Category B, for professions with wage floors, employers must offer the hourly wage rate at minimum (annual wage floors are provided for illustrative purposes only).
Labour Market Benefits Plan
Employers looking to hire skilled workers through the Global Talent Stream are required to work with ESDC to develop a Labour Market Benefits Plan. This plan outlines the positive benefits that foreign talent will bring to the Canadian labour market, and activities that the employer will carry out to encourage job creation, skills, and training investments. The commitments in the Labour Market Benefits Plan will be divided into mandatory and complementary benefits
We can Help
For more information or assistance with the Global Talent Stream, you can contact Nanda & Associates legal team in Mississauga and we will be pleased to help you