Global Talent Stream

Overview

The Global Talent Stream (GTS) is a component of Canada's Temporary Foreign Worker Program (TFWP) designed to provide Canadian employers with a streamlined process to hire highly-skilled foreign workers for in-demand occupations when Canadian citizens or permanent residents are not available. It focuses on addressing labour shortages in specific high-growth areas, particularly within the technology sector.

How it works

Unlike the standard LMIA process, the GTS offers a two-week processing standard for LMIAs and work permit applications once the LMIA is issued, significantly reducing the time it takes for employers to bring in talent. Employers must be referred to the GTS by a designated partner organization or be hiring for positions on the Global Talent Occupations List. A key requirement is the development of a Labour Market Benefits Plan (LMBP), which outlines the employer's commitments to creating jobs, investing in skills training, or transferring knowledge to Canadians and permanent residents.

Who it's for

The GTS is intended for innovative Canadian companies that need to fill unique and specialized positions to grow, as well as companies in specific industries that require highly skilled foreign workers for occupations found on the Global Talent Occupations List. It is particularly beneficial for employers in the technology sector, but also applies to other specialized fields where there's a demonstrable shortage of domestic talent. Foreign nationals who possess specialized skills and experience in these high-demand occupations are the target candidates for this stream.

To be eligible for the Global Talent Stream, both the employer and the foreign national must meet specific criteria.

Employer Eligibility

• Referral or Designated Occupation: Employers must either be referred by a designated referral partner organization (e.g., various provincial and territorial government entities, economic development organizations) or be hiring for a position that falls under the Global Talent Occupations List (Category B). For Category A, employers are innovative companies that have been referred by a designated partner. For Category B, employers are seeking to hire highly-skilled foreign workers for occupations found on Immigration, Refugees and Citizenship Canada's (IRCC) Global Talent Occupations List.
• Labour Market Benefits Plan (LMBP): Employers must develop an LMBP that demonstrates their commitment to activities that will have lasting, positive impacts on the Canadian labour market. This plan includes mandatory benefits (e.g., job creation, skills investment) as well as complementary benefits tailored to the specific employer.
• Compliance: Employers must have a history of compliance with federal and provincial labour laws, including those related to the Temporary Foreign Worker Program.

Foreign National Eligibility

• Job Offer: Candidates must have a legitimate job offer from a Canadian employer that has received a positive LMIA under the Global Talent Stream.
• Skills and Experience: Candidates must possess the specific skills, qualifications, and experience required for the position, as outlined in the job offer. This typically includes advanced degrees, specialized training, and significant work experience in the relevant field.
• Admissibility: Like all foreign nationals, candidates must be admissible to Canada, meeting health and security requirements and not having any inadmissibility factors (e.g., criminal record).

For employers, the required documents primarily revolve around substantiating the Labour Market Benefits Plan and the business's legitimacy.

• Labour Market Benefits Plan: A detailed document outlining the mandatory and complementary benefits the employer commits to providing to the Canadian labour market.
• Business Registration Documents: Proof of legal business operation in Canada (e.g., corporation documents, business license).
• Financial Statements: Evidence of the company's financial health and ability to pay the foreign worker's wages.
• Job Offer and Contract: A clear and comprehensive job offer letter and employment contract for the foreign worker.
• Atypical Work Permit Request (if applicable): For some specialized roles, additional justification may be required.

For foreign nationals applying for the work permit:

• Positive LMIA: The unique LMIA number issued to the employer under the GTS.
• Job Offer Letter: A copy of the specific job offer matching the LMIA.
• Resume/CV: Detailed outline of education, skills, and work experience.
• Educational Credentials: Diplomas, degrees, certificates, and any relevant professional designations.
• Police Certificates: From any country where the applicant has spent significant time since age 18.
• Medical Exam Results: If required, based on country of origin or intended occupation.
• Valid Passport: With sufficient validity for the duration of the intended work permit.
• Family Information Forms: If applying with accompanying family members.

The Global Talent Stream application process involves several key stages, primarily initiated by the employer.

1. Employer Determines Eligibility: The employer first assesses if they meet the criteria for Category A (referral by a designated partner) or Category B (occupations on the Global Talent Occupations List).
2. Labour Market Benefits Plan (LMBP) Development: The employer drafts a comprehensive LMBP, detailing commitments to the Canadian labour market. This plan is crucial for a positive LMIA decision.
3. LMIA Application Submission: The employer submits the LMIA application to Employment and Social Development Canada (ESDC) with the LMBP and all supporting documentation. ESDC aims to process GTS LMIAs within 10 business days.
4. Recruitment Efforts (if applicable): While GTS has exemptions, employers still need to demonstrate that they are genuinely hiring a foreign worker for a specialized role due to a lack of available Canadian talent. This may involve limited recruitment efforts.
5. Positive LMIA Issued: If the LMIA application is approved, ESDC issues a positive LMIA with a unique LMIA number. This document is essential for the foreign national's work permit application.
6. Work Permit Application: The foreign national, upon receiving a job offer supported by a positive GTS LMIA, applies for a work permit to Immigration, Refugees and Citizenship Canada (IRCC). This application can often be submitted online or at a port of entry (for visa-exempt nationals in specific circumstances).
7. Biometrics and Medical Exam (if required): Applicants may need to provide biometrics (fingerprints and photo) and undergo a medical examination as part of the work permit application process.
8. Work Permit Issuance: Upon approval, the work permit is issued, allowing the foreign national to work for the specific employer in the specified occupation.

Spouses or common-law partners of Global Talent Stream work permit holders are typically eligible to apply for an open work permit, which allows them to work for any employer in Canada without a specific job offer. Dependant children may apply for study permits or visitor records, depending on their age and educational intentions. Family members must meet all standard admissibility requirements, including health and security checks, to be approved for their respective permits. The ability for family members to accompany the principal applicant helps attract highly skilled workers by supporting family unity.

Global Talent Stream work permit holders receive an employer-specific work permit, meaning they are authorized to work only for the employer named on their permit and in the specific occupation detailed in their LMIA and job offer. The work permit will specify the duration of employment, which is typically for a period of up to two years, though extensions are possible. While working in Canada, these individuals are protected by Canadian labour laws and are entitled to the same workplace rights and protections as Canadian citizens and permanent residents.

While the Global Talent Stream itself is a temporary foreign worker program and does not directly lead to permanent residence, it can serve as a significant pathway. The experience gained working in Canada under a GTS work permit is highly valued under many of Canada's economic immigration programs, particularly Express Entry. Candidates with Canadian work experience, especially in skilled occupations, often receive higher scores in the Comprehensive Ranking System (CRS).

Many GTS workers transition to permanent residence through programs such as:

• Canadian Experience Class (CEC): For individuals with at least one year of skilled work experience in Canada.
• Provincial Nominee Programs (PNPs): Many provinces have specific streams that target skilled workers with in-demand occupations and Canadian work experience.
• Federal Skilled Worker Program (FSWP): GTS experience can enhance eligibility and CRS scores for this program.

It is important to note that successfully obtaining a GTS work permit does not guarantee permanent residence, but it significantly enhances a candidate's profile for various PR pathways.

Refusals for Global Talent Stream LMIAs and work permits can occur for several reasons, often due to incomplete applications or failure to meet program requirements.

• Incomplete Labour Market Benefits Plan: Failure by the employer to clearly outline the mandatory and complementary benefits, or to sufficiently justify them, can lead to LMIA refusal.
• Employer Non-Compliance: A history of non-compliance with TFWP regulations or other labour laws can result in an LMIA refusal.
• Inadequate Job Offer: If the wages, working conditions, or job duties outlined in the offer are not consistent with Canadian labour standards for the occupation, it can cause issues.
• Applicant Inadmissibility: The foreign national may be found inadmissible to Canada for health, security, or misrepresentation reasons.
• Insufficient Qualifications: The foreign national may not genuinely possess the skills, education, or experience required for the specialized position, as assessed by IRCC.
• Misrepresentation: Providing false information or concealing material facts by either the employer or the foreign national will lead to refusal and severe penalties.
• Failure to Demonstrate Genuineness: If the employer cannot genuinely demonstrate a need for the foreign worker or if the job offer is not deemed genuine by ESDC/IRCC, the application may be refused.