New Canadian Visa rules to protect temporary foreign workers

The Canadian Visa changes were initially published in the Canada Gazette Part 1 on October 9, 2009, and will be implemented shortly.

“The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” said Canadian Immigration Minister Jason Kenney.

“We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success.”

Temporary foreign workers help the Canadian economy by filling labour needs in sectors where Canadians or permanent residents are not readily available.

Highlights of the changes, which come into effect on April 1, 2011, include:

• A more rigorous assessment of the genuineness of the job offer;
• A two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions and occupation; AND
• A limit on the length of time a temporary foreign worker may work in Canada before returning home.

Employers seeking to hire temporary foreign workers, including live-in caregivers, will now be assessed against past compliance before authorization can be granted, and employers found to have violated worker rights may be refused authorization to hire a foreign worker.

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The Canadian Visa Bureau is an independent consulting company specialising in helping people apply for Canadian immigration to the Canadian Embassy.