Employers are allowed to hire TFWs from countries that take part in the SWAP for a maximum period of 8 months, between the 1st of January and the 15th of December only if they are capable of providing a minimum of 240 hours of work within 6 weeks or less.
To be eligible to hire TWFs, employers should meet the following criteria.
- TFWs should be citizens of Mexico.
- Alternatively, TWFs can be citizens from participating Caribbean countries.
- Production should fall under some specific commodity sectors.
- The employment activities should be related to primary agriculture.
Primary Agriculture
Primary agricultural activities must:
- Be performed on a farm or within the boundaries of a nursery or greenhouse
- Involve at least one of the following activities – operation of agricultural machinery or handling of animals like breeding, care, boarding and sanitation to obtain animal products as raw material for the market or other industries.
- Not include fish or marine based activities
- Involve the collection and assessment of these raw products, or,
- The planting, harvesting, watering or caretaking and preparation of crops, trees, sod, etc.
- Be consistent with any one of the following NOC codes: 0822, 8252, 8255, 0821, 8431, 8432, and 8611.
Primary Agriculture TFW Application Process
Every foreign government has unique rules and regulations to recruit workers. All the necessary documents will be validated by your government before making sure that you are eligible for this program.
Other Agricultural Workers
These work permits are employer specific which means you are only allowed to work for the employer specified on your permit.
Working For Different Employers
While in Canada, you might be requested to work on another farm, sometimes more than one. You don’t require another permit for your other employers.
If you wish to seek employment under other employers, industries, occupations, etc., you must apply for a new permit. You can do this as soon as you enter Canada. However, keep in mind that you are allowed to work for only the employer specified on your first permit that allowed you entry until you receive your new permits.
Things To Know Before You Apply
Your employer should obtain a positive LMIA – Labor Market Impact Assessment. The LMIA is a document from Service Canada which enables an employer to hire TFWs. To be legally working in Canada through the SWAP program, you must be provided the following from your employer.
- A copy of the positive LMIA.
- Your job contract or offer letter.
The Job Offer Letter
The offer letter specifies details about the roles and responsibilities of the TFW. It is generally in one or two pages with the personal details of the worker and his/her job description.
A contract on the other hand details the responsibilities, compensation, holidays, insurance, liabilities and any other legalities that are required to be stated by the Canadian law when two parties enter into an employee and employer relationship. The contract should most definitely contain –
- Your remuneration
- Deductions
- Your job duties
- Conditions of employment
- Legal disclaimers
- Liabilities, etc.
Canada is very proactive in providing employment opportunities to TWFs, especially through the SWAP. If you are still confused, you can always meet Canadian immigration consultants to dispel your doubts.
