EXEO Attorneys | Mobility to Quebec for temporary foreign workers

This week’s special bulletin provides an overview of the significant changes in Canadian immigration, with a focus on mobility to Quebec for temporary foreign workers.

Occupational Wages by Interval for Quebec LMIA Applications – Effective January 1, 2022

The Ministère de l’Immigration, de la Francisation et de l’Intégration du Québec has updated its Guide des ” Salaires par professions présentés par intervalles selon les quartiles au Québec ” (édition 2021). This guide will be the reference tool as of January 1, 2022 to verify if the salary offered to a temporary foreign worker in the context of a Labour Market Impact Assessment (LMIA) application is in line with the median in effect in Quebec, based on the occupation and the years of experience required for the position.

Please note that some sectors, such as technology, have seen their median salary increase significantly due to the current job shortage and competitive market. Therefore, employers in Quebec who will have to go through the LMIA process will also have to ensure that they meet the new salary reference thresholds. Note that this is applicable even for a renewal of employment of a temporary foreign worker, if the LMIA process is required.

Certain National Occupational Classification (NOC) Level D occupations are exempt from posting and demonstrating recruitment efforts until December 2024 for Quebec applicants

As of December 6, 2021, a pilot project granting new flexibilities for Quebec employers in the Temporary Foreign Worker Program (TFWP) has been launched following an agreement between the Government of Canada and Quebec. The project temporarily suspends the posting and demonstration of recruitment efforts requirements for certain NOC Level D occupations under the streamlined process until 2024.

National Occupational Classification (NOC) 0, A, B and C occupations eligible for streamlined processing in 2022

Certain Level C occupations will be added to the list of occupations eligible for streamlined processing. This process means that the employer is relieved of recruitment efforts and benefits from better processing times, as opposed to the regular process. However, they will not necessarily be exempt from all the rules associated with the regular process.

We remind you that in February 2022, the list of occupations eligible for the simplified process in Quebec will be updated, as is the case every year.

Increase of the 10% to 20% limit of temporary foreign workers in the low wage stream for Quebec

As of December 6, 2021, certain occupations and sectors will be allowed to exceed the current 10% limit of temporary foreign workers in the low wage stream up to 20%, if all criteria are met. This is due to the severe labor shortage currently experienced in the province of Quebec.

More information should follow in the coming weeks.